---
kind: "section"
citation: "28 C.F.R. § 549.95"
title: "28"
number: "549.95"
heading: "Determining “serious difficulty in refraining from sexually violent conduct or child molestation if released.”"
url: "https://uscodex.org/cfr/28/549.95"
---

# §549.95. Determining “serious difficulty in refraining from sexually violent conduct or child molestation if released.”


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:

- (a) Of the person's repeated contact, or attempted contact, with one or more victims of sexually violent conduct or child molestation;
- (b) 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;
- (c) Established through interviewing and testing of the person or through other risk assessment tools that are relied upon by mental health professionals;
- (d) **Established by forensic indicators of inability to control conduct, such as—**
  - (1) Offending while under supervision;
  - (2) Engaging in offense(s) when likely to get caught;
  - (3) Statement(s) of intent to re-offend; or
  - (4) Admission of inability to control behavior; or
- (e) Indicating successful completion of, or failure to successfully complete, a sex offender treatment program.

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Authority: 5 U.S.C. 301; 10 U.S.C. 876b; 18 U.S.C. 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), Chapter 313, 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510.