---
kind: "section"
citation: "28 C.F.R. § 549.90"
title: "28"
number: "549.90"
heading: "Purpose and application."
url: "https://uscodex.org/cfr/28/549.90"
---

# §549.90. Purpose and application.

- (a) This subpart provides definitions and standards for review of persons for certification to federal district courts as sexually dangerous persons, as authorized by [title 18](/cfr/18.md) U.S.C. Chapter 313, by Bureau of Prisons staff or contractors (collectively referred to in this Part as “the Bureau”).
- (b) This subpart applies to persons in Bureau custody, including those:
  - (1) Under a term of imprisonment;
  - (2) For whom all criminal charges have been dismissed solely for reasons relating to the person's mental condition; or
  - (3) In Bureau custody pursuant to [18 U.S.C. 4241(d)](/usc/18/4241.md?p=d).
- (c) The Bureau may certify that a person in Bureau custody is a sexually dangerous person when review under this subpart provides reasonable cause to believe that the person is a sexually dangerous person. In determining whether a person is a sexually dangerous person and should be so certified, the Bureau will consider any available information in its possession and may transfer the person to a suitable facility for psychological examination in order to obtain information for this purpose.

## Notes

### Source

Source: 73 FR 70279, Nov. 20, 2008, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 10 U.S.C. 876b; 18 U.S.C. 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), Chapter 313, 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510.