§549.95. Determining “serious difficulty in refraining from sexually violent conduct or child molestation if released.”
28 C.F.R. § 549.95
In determining whether a person will have “serious difficulty in refraining from sexually violent conduct or child molestation if released,” Bureau mental health professionals may consider, but are not limited to, evidence:
Of the person's repeated contact, or attempted contact, with one or more victims of sexually violent conduct or child molestation;
Of the person's denial of or inability to appreciate the wrongfulness, harmfulness, or likely consequences of engaging or attempting to engage in sexually violent conduct or child molestation;
Established through interviewing and testing of the person or through other risk assessment tools that are relied upon by mental health professionals;
Established by forensic indicators of inability to control conduct, such as—
Offending while under supervision;
Engaging in offense(s) when likely to get caught;
Statement(s) of intent to re-offend; or
Admission of inability to control behavior; or
Indicating successful completion of, or failure to successfully complete, a sex offender treatment program.
Notes, amendments, and revision history
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Authority: 5 U.S.C. 301; 10 U.S.C. 876b; 18 U.S.C. 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), Chapter 313, 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510.