BOP Program Statement 5394.01 § 3

The Designation and Sentence Computation Center (DSCC) and Bureau institutions initially

identify inmates who may qualify for review for potential certification as sexually dangerous.

DSCC staff identify newly sentenced inmates having a history of unlawful sexual conduct, and

refer to the SOCRB those inmates who are between eighteen (18) and twenty-four (24) months

from their projected release date (PRD), unless the inmate’s total sentence does not exceed

eighteen (18) months, in which case their review will take place immediately (review period).

Institution staff update each inmate’s sexual offending history (i.e., Walsh CMA), as necessary,

throughout the inmate’s term of imprisonment; identify inmates with a relevant history who were

not identified by the DSCC; and immediately refer to the SOCRB inmates with a history of

unlawful sexual conduct when their release date is within the review period.

a. DSCC Procedures. For each newly sentenced inmate committed to the Bureau, DSCC

classification staff review available documentation, which typically includes the Presentence

Investigation Report (PSR), the Judgment and Commitment Order (J&C), and the Statement of

Reasons (SOR), for any history of unlawful sexual conduct.

For each inmate having no documented history of unlawful sexual conduct, DSCC classification

staff enter the case management assignment (CMA) of “WA NO HIST” (NO WALSH ACT

OFFENSE HISTORY) in SENTRY.

For each inmate having any history of unlawful sexual conduct, DSCC staff enter the CMA of

“WA W CONV” (WALSH ACT HISTORY WITH CONVICTION) or “WA NO CONV”

(WALSH ACT HISTORY-NO CONVICTION), as provided in Attachment A.

If a newly sentenced inmate has a history of unlawful sexual conduct and is within the review

period, a DSCC Senior Designator refers him/her to the SOCRB by entering the Walsh CMA of

WA REFER in SENTRY.

If an inmate, who was reviewed and not certified as sexually dangerous, subsequently returns to

custody to serve a new term of imprisonment, the DSCC Senior Designator deletes the WA NOT

CER, and adds a WA REFER code.

b. Institution Procedures. Wardens designate a Sex Offender Release Coordinator (SORC),

ordinarily the Case Management Coordinator (CMC), to ensure that each inmate at their

institutions has a correct Walsh history CMA, and refer inmates with a history of unlawful sexual

conduct to the SOCRB for review when they are within the review period, by adding a WA

REFER code. After the inmate arrives at his/her designated institution, the SORC or Unit Team

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reviews available documentation to ensure the Walsh history CMA entered in SENTRY is current

and accurate.

At every Program Review, the unit team monitors the inmate’s conduct and reviews any new

information to determine if a change to the inmate’s Walsh history CMA is necessary. The SORC

ensures that any additional information that could bear on the inmate’s Walsh review status is

forwarded to the SOCRB within the review period. This may include information on a detainer, an

incident or SIS report, DHO reports, etc.

To the extent possible, the SOCRB’s review process should not interfere with the institution’s

routine release preparation. However, an inmate may not be placed in an RRC until the SOCRB

has concluded its review of the inmate and approved him/her for release.

c. Private Contract Institutions. Private contract institutions follow the same policy and

procedures as BOP institutions. The SOCRB directs any issues or concerns regarding the review,

transfer, or certification of an inmate to the Privatization Management Branch.

d. Section 4241(d) Inmates. Any inmate who is committed to the custody of the BOP pursuant to

section 4241(d) shall be reviewed by the SOCRB pursuant to section 4248 when:

■ The inmate has any documented history of unlawful sexual conduct.

■ The Court determines that the inmate cannot be restored to competency.

To ensure timely review by the SOCRB, the Medical Referral Center (MRC) employs the

following procedures:

■ At the conclusion of the court-ordered restoration period, the MRC returns the inmate to the

court in a timely manner.

■ If the MRC determines that restoration to competency will not be attained and the inmate has a

history of sexual offending, the MRC prepares a report and cover letter that contains

appropriate language alerting the court and the parties involved that such a determination

triggers review pursuant to sections 4246 and 4248. The following is sample language to

consider using:

“If the court agrees with our opinion that the defendant will not be restored to competency in

the foreseeable future, he/she is subject to the provisions of Title 18 U.S.C. Sections 4246 and

4248. Accordingly, the defendant should be returned to the custody of the Attorney General

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for designation to a Medical Referral Center to undergo an evaluation pursuant to these

statutes.”

■ When an inmate committed under section 4241(d) is reviewed by the CRP of the SOCRB

pursuant to section 4248, and the CRP finds that he/she does not qualify for certification as a

sexually dangerous person, the CRP sends an e-mail to the MRC informing them of this

finding. The Warden of the MRC forwards to the court the CRP’s determination along with

the results of any review pursuant to section 4246. If the inmate is found by the CRP to meet

the criteria for certification as a Sexually Dangerous Person pursuant to section 4248, the CRP

informs the MRC of its finding. A signed letter by the CRP chairperson is sent to the MRC

informing the Warden of the finding. The Warden then forwards the CRP’s determination to

the appropriate court, along with the result of any review pursuant to section 4246.

■ When an inmate is being reviewed pursuant to both section 4246 and section 4248, the CRP

and the MRC coordinate their efforts and, in consultation with Bureau legal staff, determine

the most appropriate course of action. A decision by the CRP to not certify an individual under

section 4248 does not preclude the MRC from determining that there is evidence pursuant to

section 4246 of risk of bodily injury due to sexual abuse.

■ Ordinarily, the inmate will already be housed at the designated treatment facility for certified

inmates. If not, the CRP initiates a transfer to the designated treatment facility, as long as there

are no contrary court orders. If the individual requires a transfer to the treatment facility,

his/her certification as a Sexually Dangerous Person is filed only after he/she arrives.

■ If the court issues an order for an examination pursuant to 18 U.S.C. section 4246 or section

4248 after an individual committed pursuant to U.S.C. section 4241(a) is deemed not

restorable, and if the individual is not currently housed at a MRC, the reviews pursuant to

sections 4246 and 4248 are handled separately. An examination under section 4246 is

conducted at an institution normally designated for that purpose. The review pursuant to

section 4248 is referred to and conducted by the Sex Offender Certification Review Panel,

pursuant to the procedures set forth in Section 4 of this Program Statement. The CRP reports

its finding directly to the appropriate court, with a copy to the Bureau institution.

e. Immediate Releases. The CMC will ensure contact with the SOCRB as soon as they become

aware of an immediate order of release for an inmate with a CMA assignment of “WA CONV” or

“WA NO CONV.”

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At the SOCRB’s request, staff send an electronic copy of the PSR, J&C, SOR, and any other

pertinent information to the SOCRB GroupWise mailbox (BOP-CPD/Certification Review

Panel), marking the message “urgent, high-priority.”

During normal duty hours (EST), telephone contact with the SOCRB should be made as soon as

possible.

After-hours notification should be done by telephone to the SOCRB’s on-call psychologist.

Contact numbers are located on SOCRB’s Sallyport website and the weekly Duty Officer’s

Program Roster.

A SOCRB staff member reviews the case and responds to the institution via GroupWise that the

inmate is either cleared for release or requires review by the CRP. If further review is required, the

CRP conducts an expedited review and the inmate remains in custody only with the approval of

the Assistant Director, Correctional Programs Division, and the Assistant Director, Office of

General Counsel, or persons acting in their absence.

f. Parole Cases. When a sex offender is within the review period, the unit team refers the inmate

to the SOCRB, which conducts a review for sexual dangerousness and communicates the findings

to the U.S. Parole Commission and the institution where the inmate is housed.

If the inmate is not certified by the SOCRB (i.e., WA NOT CER) and denied parole, the unit team

and SORC monitors his/her conduct and reviews any new information between parole hearings, to

determine if a re-review by the SOCRB is necessary. If the unit team or SORC becomes aware of

any new information or conduct of a sexual nature that was not taken into consideration by the

SOCRB, the unit team notifies the SOCRB that the inmate requires a re-review before the next

parole hearing date.

g. Treaty Transfers. The Treaty Transfer Program, Correctional Programs Division, Central

Office, identifies qualified inmates pending treaty transfer by way of Walsh CMA assignments and

transmits transfer packets to the SOCRB for review. Upon completion of an expedited review, the

SOCRB updates the SENTRY CMA and informs the Treaty Transfer Program of the finding.