Determining “serious difficulty in refraining from sexually violent conduct or child molestation if released.”
28 C.F.R. § 549.95
in effectEffective: 2024-07-01In 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.
Source: eCFRURL: https://www.ecfr.gov/api/versioner/v1/full/2024-07-01/title-28.xmlFetched: 7/26/2026