BOP Program Statement 5394.01 § 7

In accordance with 18 U.S.C. § 4248(d), once a person is committed to the custody of the

Attorney General as a sexually dangerous person, the BOP makes all reasonable efforts to cause

the state where the person was domiciled or tried to assume responsibility for his/her custody,

care, and treatment. Bureau staff, under the direction of the CTP Administrator, make efforts to

secure state placement on behalf of the Bureau and the Attorney General.

While efforts to seek state placement are not mandated until after an inmate’s commitment as a

sexually dangerous person, Bureau staff begin these efforts as soon as practicable after an

inmate’s certification as sexually dangerous is filed in the district court.

Bureau staff, under the direction of the CTP Administrator, are required to identify the state

where the inmate was domiciled before this most recent conviction or commitment, and the state

where he/she was tried for the most recent offense (if different from the state of domicile).

Bureau staff consult the PSR or other documentation to identify the inmate’s state(s) of domicile

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and trial. The inmate may be consulted for this information when appropriate. The inmate may

also be consulted to determine if he/she has significant family or other ties to other states. Upon

verification, the staff member may contact these other states for potential placement.

For each state where placement is being sought, the Bureau staff contact, at a minimum, the

appropriate state’s Interstate Compact on Mental Health Coordinator, if any, and the state’s

mental health care agency. Other agencies or entities, such as the state Attorney General’s

Office, the Governor’s Office, or individual residential facilities may be contacted.

CTP staff make attempts to obtain a response, either accepting or declining placement. If a state

has an appropriate placement available for the inmate, CTP staff consult with institution legal

staff to assist with legal issues, as needed. CTP staff will maintain detailed records of state

placement attempts to assist with future placement efforts and respond to court requests for

evidence of such.