BOP Program Statement 5394.01 § 4

The SOCRB reviews each inmate identified by the DSCC and Bureau institutions, and determines

whether he/she meets the statutory definition of a sexually dangerous person for certification

purposes.

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a. Initial Screening for Behavioral Element (Element 1). Each inmate identified by the DSCC

and Bureau institutions as having a history of unlawful sexual conduct is screened by a

Correctional Program Specialist to determine whether his/her conduct may qualify him/her for

potential certification as a sexually dangerous person. To qualify for such certification, there must

be evidence that the individual engaged or attempted to engage in sexually violent conduct or child

molestation, which is referred to as Element 1.

During initial screening, a Correctional Program Specialist reviews available documentation of the

inmate’s unlawful sexual conduct and determines whether there is evidence that the conduct meets

at least one of the above definitions. A charge or conviction for a sexual offense is not necessary

as long as the conduct underlying the offense indicates having engaged or attempted to engage in

sexually violent conduct or child molestation.

Conversely, a charge or conviction for a sex offense does not categorically constitute having

engaged or attempted to engage in sexually violent conduct or child molestation. For example, a

history only of possession, receipt, or transmittal of child pornography ordinarily does not

constitute having engaged or attempted to engage in sexually violent conduct or child molestation.

While such conduct could be viewed as exploitation within the meaning of the definition of child

molestation, civil commitment is intended for the most serious offenders having more direct victim

contact. Sexual misconduct occurring in a correctional or other confinement facility may be

considered in evaluating the existence of qualifying Element 1 conduct.

Inmates whose conduct is determined not to meet Element 1 require no further review and are

cleared to release upon the expiration of their sentences or other disposition of their criminal

charges. Cases where there is evidence of Element 1 conduct proceed to a risk assessment by a

Correctional Program Specialist or Certification Review Psychologist.

b. Risk Assessments by Correctional Program Specialists. Correctional Program Specialists in

the SOCRB conduct actuarial risk assessments for the following categories of cases where there is

some evidence of having engaged or attempted to engage in sexually violent conduct or child

molestation (Element 1 conduct), but the inmate’s history and risk of sexual recidivism is unlikely

to be serious enough to warrant further review for potential certification for civil commitment:

■ Inmates having a single allegation, admission, or charge of sexually violent conduct or child

molestation, not resulting in a conviction.

■ Inmates having a single sex offense conviction involving consensual sexual conduct between

similar-age peers, one or both of whom are under the age of 18.

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■ Inmates having a single juvenile conviction for a sex offense and who are currently an adult

with no other history of sexual offending. (If the sex offense was committed by a minor who is

currently still a juvenile, the case is referred to a SOCRB Clinical Psychologist.)

Correctional Program Specialists employ one or more actuarial instruments, as approved by the

SOCRB Administrator, for which they have received training. If the risk assessment indicates the

inmate is at low risk for sexual recidivism, no further review is required and the inmate is

approved for release. If the assessment indicates the inmate may be at moderate or high risk, the

case is referred to a SOCRB Clinical Psychologist for further review. Pertinent information is

documented in the Sex Offender Data System (SODS).

c. Preliminary Case Review and Risk Assessment by SOCRB Clinical Psychologists.

SOCRB Clinical Psychologists review cases not screened out by the Correctional Program

Specialists pursuant to section (b) above, and all other categories of cases where there is evidence

that the inmate has engaged or attempted to engage in sexually violent conduct or molestation.

This review includes completion of a case summary and, ordinarily, an actuarial risk assessment,

both of which are documented in SODS. The case summary may include details regarding the

inmate’s history of sexual and non-sexual offenses, institutional misconduct, mental health

contacts and treatment, and the length and nature of community supervision to follow

imprisonment. For the risk assessment, the SOCRB Clinical Psychologists ordinarily employ one

or more actuarial instruments approved for use by the SOCRB Administrator and for which they

have received training.

Based on the case summary and actuarial risk assessment, the SOCRB Clinical Psychologist

makes a preliminary clinical determination regarding the inmate’s risk of sexual recidivism and

his/her suitability for further review for certification. Inmates clinically determined to be at low or

moderate risk by SOCRB Clinical Psychologists generally do not require further review and are

approved for release. Inmates believed to be at higher risk are referred to the CRP.