BOP Program Statement 5394.01 § 2

§ 549.91 Definition of “sexually dangerous person.”

For purposes of this subpart, a “sexually dangerous person” is a person:

(a) Who has engaged or attempted to engage in:

(1) Sexually violent conduct; or

(2) Child molestation; and

(b) Has been assessed as sexually dangerous to others by a Bureau mental health

professional.

§ 549.92 Definition of “sexually violent conduct.”

For purposes of this subpart, “sexually violent conduct” includes any unlawful

conduct of a sexual nature with another person (“the victim”) that involves:

(a) The use or threatened use of force against the victim;

(b) Threatening or placing the victim in fear that the victim, or any other person,

will be harmed;

(c) Rendering the victim unconscious and thereby engaging in conduct of a

sexual nature with the victim;

(d) Administering to the victim, by force or threat of force, or without the

knowledge or permission of the victim, a drug, intoxicant, or other similar

substance, and thereby substantially impairing the ability of the victim to appraise

or control conduct; or

(e) Engaging in such conduct with a victim who is incapable of appraising the

nature of the conduct, or physically or mentally incapable of declining

participation in, or communicating unwillingness to engage in, that conduct.

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§ 549.93 Definition of “child molestation.”

For purposes of this subpart, “child molestation” includes any unlawful conduct

of a sexual nature with, or sexual exploitation of, a person under the age of 18

years.

§ 549.94 Definition of “sexually dangerous to others.”

For purposes of this subpart, “sexually dangerous to others” means that a person

suffers from a serious mental illness, abnormality, or disorder as a result of which

he or she would have serious difficulty in refraining from sexually violent conduct

or child molestation if released.

■ “Certified inmate” refers to a person who has been certified in the district court as a sexually

dangerous person pursuant to 18 U.S.C. § 4248(a) and is awaiting a final hearing to determine

whether he/she should be civilly committed.

■ “Committed inmate” refers to a person who has been found by a district court to be a sexually

dangerous person pursuant to 18 U.S.C. § 4248(d) and has been committed to the custody of

the Attorney General for custody, care, and treatment.

■ “CTP inmate” refers generally to a person in the Commitment and Treatment Program,

whether certified or committed as a sexually dangerous person.

■ 4241(d) refers to 18 U.S.C. §4241(d), which section allows the court to commit to the custody

of the Attorney General a defendant who has been found by the court to be presently suffering

from a mental disease or defect rendering him/her mentally incompetent to the extent that

he/she is unable to understand the nature and consequences of the proceedings against him/her

or to assist properly in his/her defense.

■ 4246 refers to 18 U.S.C. §4246, which is a statute that involves the certification and potential

commitment of an inmate who is presently suffering from a mental disease or defect as a

result of which his/her release would create a substantial risk of bodily injury to another

person or serious damage to property of another.

■ “Interstate Compact on Mental Health” refers to an interstate compact among several states

for the purpose of ensuring proper and expeditious treatment of persons with mental

conditions and mental disabilities among and between states. The legislature of each member

state passes its own laws adopting said compact.

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