BOP Program Statement 5394.01 § 1

§ 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 U.S.C. Chapter 313, by Bureau of Prisons staff or

contractors (collectively referred to in this Part as “the Bureau”).

The Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) includes a

provision, codified in 18 U.S.C. § 4248 (section 4248), authorizing the Director of the Bureau of

Prisons (Bureau) to certify individuals for civil commitment as sexually dangerous persons. The

Bureau established a Sex Offender Certification Review Branch (SOCRB) within the Correctional

Programs Division to review inmates for potential certification as sexually dangerous persons.

Within the SOCRB, a Certification Review Panel (CRP) reviews inmates requiring closer scrutiny

for certification. The Director’s authority to certify inmates as sexually dangerous persons is

delegated to the Chairperson of the CRP.

The Bureau also established the Commitment and Treatment Program (CTP) for inmates certified

and committed as sexually dangerous persons pursuant to 18 U.S.C. § 4248. The CTP is a secure,

therapeutic environment dedicated to:

Federal Regulations from 28 CFR are in this type.

Implementing instructions are in this type.

■ Protecting the public through the secure confinement of sexually dangerous persons.

■ Providing comprehensive treatment services to assist participants in developing the skills

necessary to prepare them to be safely released back into the community.

The CTP is a secure treatment facility, operated on the grounds of a correctional institution, but,

to the extent practicable, maintained apart from areas designated for sentenced inmates.

This Program Statement establishes:

■ Procedures and guidelines to be used by Bureau staff for identification and referral of inmates

for potential certification as sexually dangerous persons.

■ Procedures and guidelines to be used by the CRP and other Bureau staff in the Sex Offender

Certification Review Branch (SOCRB) for review and certification of inmates as sexually

dangerous persons under section 4248.

■ Treatment protocols designed to reduce the risk of sexual re-offense and facilitate

reintegration back into the community.

■ Procedures and guidelines for operating the CTP designed to encourage treatment

participation and reward pro-social behavior in a therapeutic environment.

(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).

Inmates in Bureau custody under a term of imprisonment who are subject to review for potential

certification as sexually dangerous persons include:

■ Federal offenders.

■ District of Columbia Code felony offenders.

■ Treaty transfer cases.

■ Inmates serving concurrent Federal and state sentences.

■ Inmates subject to detainers with Immigration and Customs Enforcement (ICE) or other

Federal, state, or local authorities.

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Categories of inmates who do not require review for potential certification as sexually dangerous

persons include:

■ Pretrial inmates (except inmates found incompetent and unrestorable under section 4241(d)

and inmates whose charges were dismissed due to a mental condition).

■ Persons held as material witnesses.

■ Persons held on civil contempt orders.

■ Persons released on bond.

■ Inmates serving only state sentences in Bureau custody.

■ Inmates serving only military terms of imprisonment in Bureau custody.

■ Inmates in Bureau custody being held solely as ICE detainees.

■ Persons housed at Residential Reentry Centers (RRC) as a condition of supervised release.

(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.

a. Program Objectives

■ The public will be protected through the secure confinement of sexually dangerous persons.

■ Program participants will receive comprehensive treatment services to assist them in

developing the skills necessary to prepare them to be safely released back into the community.

b. Policy Waivers. Federal Regulations (rules) that apply to pretrial inmates also apply to

certified and committed inmates and cannot be waived. All Bureau policies apply to certified

and committed inmates unless specifically provided otherwise in this policy. Waivers from any

Bureau policy or national directive must be processed according to the Program Statement

Directives Management Manual.

c. Institution Supplement. The Bureau’s designated CTP institution(s) develops an Institution

Supplement that addresses specific details of operations and procedures.

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