[Federal Register Volume 72, Number 149 (Friday, August 3, 2007)]
[Proposed Rules]
[Pages 43205-43209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14943]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 549

[BOP Docket No. 1145]
RIN 1120-AB45


Civil Commitment of a Sexually Dangerous Person

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this proposed rule, the Bureau of Prisons (Bureau) provides 
definitions and standards relating to the certification of persons as 
sexually dangerous for the purpose of civil commitment, as authorized 
by The Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-
248) (Walsh Act), enacted July 27, 2006, which amended title 18 of the 
United States Code, Chapter 313.

DATES: Comments are due by October 2, 2007.

ADDRESSES: Submit comments to the Rules Unit, Office of General 
Counsel, Bureau of Prisons, 320 First Street, NW., Washington, DC 
20534. You may view an electronic version of this rule at http://www.regulations.gov. You may also comment via the Internet to the 
Bureau at [email protected] or by using the http://www.regulations.gov 
comment form for this regulation. When submitting comments 
electronically you must include the BOP Docket No. in the subject box.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105.

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments

    Please note that all comments received are considered part of the 
public record and made available for public inspection online at http://www.regulations.gov. Such information includes personal identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter.
    If you want to submit personal identifying information (such as 
your name, address, etc.) as part of your comment, but do not want it 
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING 
INFORMATION'' in the first paragraph of your comment. You must also 
locate all the personal identifying information you do not want posted 
online in the first paragraph of your comment and identify what 
information you want redacted.
    If you want to submit confidential business information as part of 
your comment but do not want it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. You must also prominently identify confidential 
business information to be redacted within the comment. If a comment 
has so much confidential business information that it cannot be 
effectively redacted, all or part of that comment may not be posted on 
http://www.regulations.gov.
    Personal identifying information identified and located as set 
forth above will be placed in the agency's public docket file, but not 
posted online. Confidential business information identified and located 
as set forth above will not be placed in the public docket file. If you 
wish to inspect the agency's public docket file in person by 
appointment, please see the FOR FURTHER INFORMATION paragraph.
    This proposed rule provides definitions and standards for review by 
the Bureau of persons in its custody for certification to federal 
district courts as ``sexually dangerous persons,'' as authorized by 
title 18 U.S.C. Chapter 313. The Adam Walsh Child Protection and Safety 
Act of 2006 (Pub. L. 109-248) (Walsh Act), enacted July 27, 2006, 
amended title 18 of the United States Code, Chapter 313, to add a new 
section 4248. Section 4248 authorizes the Bureau to certify to federal 
district courts that certain persons are ``sexually dangerous persons'' 
for whom civil commitment is required. Certification stays the release 
of the person and initiates district court proceedings pursuant to 18 
U.S.C. 4248(a), (b), (c), and (d).
    The filing of the certificate by the Bureau stays the release of 
the person; however, the final determination that a person is ``a 
sexually dangerous person'' subject to civil commitment is made by the 
court after proceedings held pursuant to 18 U.S.C. 4248(b) and (c), 
which make applicable the procedures set forth in 18 U.S.C. 4247(b), 
(c), and (d). As provided in Sec.  4248(b), the court may order that a 
psychiatric or psychological examination of the person be conducted, 
and that a psychiatric or psychological report be filed with the court. 
Pursuant to Sec.  4248(c), a hearing shall be conducted in which the 
person shall be represented by counsel, and be afforded an opportunity 
to testify, present evidence, subpoena witnesses on his or her behalf, 
and confront and cross-examine witnesses who appear at the hearing. If 
the court finds by clear and convincing evidence that the person is a 
sexually dangerous person, the court shall commit him/her to the 
custody of the Attorney General as detailed in Sec.  4248(d).
    The Walsh Act also amended 18 U.S.C. 4247 to include a definition 
of ``sexually dangerous person.'' The amended statute defines 
``sexually dangerous person'' as ``a person who has engaged or 
attempted to engage in sexually violent conduct or child molestation 
and who is sexually dangerous to others.'' The amended statute defines 
``sexually dangerous to others'' to mean that a person ``suffers from a 
serious mental illness, abnormality, or disorder as a result of which 
he would have serious difficulty in refraining from sexually violent 
conduct or child molestation if released.''
    The statute does not define the terms ``sexually violent conduct'' 
or ``child molestation'' and the Bureau proposes these regulations to 
interpret them. Although the Bureau has, in part, looked to federal 
criminal statutes for language to assist in defining these terms, we do 
not rely upon the provisions themselves, case law interpretations of 
them, or other related statutory history. Rather, the Bureau's

[[Page 43206]]

primary intent is to create definitions of terms that are 
comprehensive, easily understood, familiar to the general public, and 
readily applicable by Bureau staff.
    In addition to providing definitions for ``sexually violent 
conduct'' and ``child molestation,'' these regulations clarify the 
process by which the Bureau will determine whether a person in its 
custody has engaged or attempted to engage in sexually violent conduct 
or child molestation, and how the Bureau will assess whether such a 
person would be sexually dangerous to others if released.

Section 549.70 Purpose and Application

    This section explains that the subpart provides definitions and 
standards for Bureau review of persons for certification to federal 
district courts as ``sexually dangerous persons,'' as authorized by 
title 18 U.S.C. Chapter 313.
    The section further provides that the 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).
    The Bureau accordingly may consider whether any person in its 
custody should be certified as a sexually dangerous person. Persons the 
Bureau will review for this purpose include those under a term of 
imprisonment. Because these persons have been serving sentences in 
Bureau custody, staff will have documentation including, but not 
limited to, records and information generated in criminal or civil 
proceedings, information provided by the United States Attorneys' 
offices or other federal or non-federal authorities, any statements or 
admissions by the person, and any available medical records. 
Additionally, the Bureau will have had the opportunity to provide 
mental health assessments, care, and treatment as indicated.
    The Bureau will also review for certification persons in our 
custody for whom all criminal charges have been dismissed solely for 
reasons relating to the person's mental condition, or pursuant to 18 
U.S.C. 4241(d). For these persons, Bureau staff will have had the 
opportunity to provide forensic mental health studies, hospitalization, 
and care and treatment pursuant to other provisions in 18 U.S.C. 
Chapter 313. Additionally, Bureau staff will have had the opportunity 
to work closely with the U.S. Attorneys' offices who can provide 
evidence of conduct necessary for certification.
    The final paragraph of this section states that the Bureau may 
certify that a person is a sexually dangerous person when review under 
this subpart establishes reasonable cause to believe that the person is 
a sexually dangerous person. This specifies the degree of informational 
or evidentiary support required for the Bureau to conclude that a 
person is a sexually dangerous person, and hence that civil commitment 
proceedings should be initiated under 18 U.S.C. 4248. The required 
support for such a certification by the Bureau is information 
sufficient to provide reasonable cause to believe that the person 
satisfies the relevant statutory criteria as set forth in 18 U.S.C. 
4247(a)(5)-(6). The Bureau will consider any available information in 
its possession in determining whether there is a sufficient basis for a 
sexually dangerous person certification, and may transfer the person to 
a suitable facility for psychological examination in order to obtain 
information for this purpose.

Section 549.71 Definition of ``Sexually Dangerous Person''

    The Bureau defines this term as a person who has engaged or 
attempted to engage in sexually violent conduct or child molestation 
and has been assessed as sexually dangerous to others by a Bureau, or 
Bureau-contracted, mental health professional. This definition derives 
from 18 U.S.C. 4247(a)(5), as amended by the Walsh Act, which states 
that the term `` `sexually dangerous person' means a person who has 
engaged or attempted to engage in sexually violent conduct or child 
molestation and who is sexually dangerous to others.''
    Thus, the Bureau's regulations contemplate a two-step analysis to 
determine whether a person is sexually dangerous. The first step 
involves a review of the person's prior and current conduct to 
determine whether there is evidence of sexually violent conduct or 
child molestation. Relevant conduct may be any conduct of the person 
for which evidence or information is available, and is not limited to 
offenses for which he/she has been convicted or is presently 
incarcerated, or for which he/she presently faces charges. The Bureau 
will derive information regarding the person's conduct from his/her 
Pre-Sentence Investigative Report, Statement of Reasons, Criminal 
Judgment, and any other available source, as indicated in Sec.  
549.70(c). This may include (but is not limited to) records and 
information generated in criminal or civil proceedings, information 
provided by the United States Attorneys' offices or other federal or 
non-federal authorities, any statements or admissions by the person, 
and any available medical records.
    The second step of consideration involves an assessment by Bureau, 
or Bureau-contracted, mental health professionals whether the person 
will be sexually dangerous to others. This involves a psychiatric or 
psychological analysis of the person to assess whether he/she suffers 
from a serious mental illness, abnormality, or disorder as a result of 
which he/she would have serious difficulty in refraining from sexually 
violent conduct or child molestation if released. In this assessment as 
well, the Bureau will consider any available information in its 
possession, as indicated in Sec. Sec.  549.75 and 549.70(c). Documents 
to be reviewed may include (but are not limited to) records and 
information generated in criminal or civil proceedings, information 
provided by the United States Attorneys' offices or other federal or 
non-federal authorities, any statements or admissions by the person, 
and any available medical records.
    Whereas the first step of analysis is a review of the person's 
conduct, the second step is an assessment of whether a mental condition 
exists, and if so, how it will affect the person's ability to refrain 
from sexually violent conduct or child molestation if released. If the 
criteria for both steps are met, the person qualifies for certification 
as a sexually dangerous person under the provisions of Sec.  4248(a).

Section 549.72 Definition of ``Sexually Violent Conduct''

    The Bureau defines this term as any unlawful conduct of a sexual 
nature with another person (``the victim'') that involved the following 
(for each provision, we note the statutory derivation):
     The use or threatened use of force against the victim;
     Threatening or placing the victim in fear that the victim, 
or any other person, will be harmed. This, and the previous bulleted 
item's, language derive from 18 U.S.C. 2241(a) and 2242(1);
     Rendering the victim unconscious and thereby engaging in 
conduct of a sexual nature with the victim. This language derives from 
18 U.S.C. 2241(b)(1);
     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

[[Page 43207]]

impairing the ability of the victim to appraise or control conduct. 
This language derives from 18 U.S.C. 2241(b)(2)(A); or
     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. This language derives from 18 U.S.C. 
2242(2).
    Sexually violent conduct also includes engaging in any conduct of a 
sexual nature with another person with knowledge of having tested 
positive for the human immunodeficiency virus (HIV), or other 
potentially life-threatening sexually-transmissible disease, without 
the informed consent of the other person to be potentially exposed to 
that sexually transmissible disease. This language acknowledges the 
growing concerns surrounding potential transmission of sexual diseases 
that have the potential to cause significant harm to the victim's 
health or even endanger life. Several states have enacted laws which 
criminalize such conduct, including Arkansas, California, Florida, 
Georgia, Idaho, Illinois, Iowa, Louisiana, Michigan, Missouri, Nevada, 
New Jersey, Oklahoma, South Carolina, South Dakota, Tennessee, 
Virginia, and Washington. The Bureau, therefore, treats exposing 
another to a potentially life-threatening sexually transmissible 
disease without his or her informed consent as sexually dangerous. Such 
conduct is similar in nature to the conduct of a poisoner, who uses no 
overt force or threat against the victim, but is properly regarded as a 
violent offender, in that he surreptitiously introduces an injurious 
substance into another 's body.
    The regulation does not require that the person be convicted of or 
presently charged with the conduct in question. As provided in Sec.  
549.70(c), all available evidence and information in Bureau possession 
may be used in determining whether the person has engaged in such 
conduct. For example, if a person is serving a term of imprisonment for 
an offense under chapter 109A, 110, or 117 or Sec.  1591 of title 18 of 
the United States Code, it may be clear from the definition of the 
offense of conviction that he/she engaged or attempted to engage in 
sexually violent conduct or child molestation. But even if the offense 
for which the person is incarcerated is not facially sexual in nature, 
the available evidence or information, such as records and information 
generated in criminal or civil proceedings, information provided by the 
United States Attorneys' offices or other federal or non-federal 
authorities, any statements or admissions by the person, and any 
available medical records, may show that he/she in fact engaged in such 
conduct.
    Moreover, even if no actual or attempted sexually violent conduct 
or child molestation was involved in the offense for which the person 
is presently incarcerated, there may be evidence or information 
indicating that he/she engaged in such conduct in the past, such as 
records or information generated in state criminal proceedings or civil 
commitment proceedings, information provided by the United States 
Attorneys' offices or other federal or non-federal authorities, any 
statements or admissions by the person, and any available medical 
records.
    Likewise, for a person in the custody of the Bureau for reasons 
other than serving a term of imprisonment, for whom charges were 
dismissed based on his/her mental condition, or committed under 18 
U.S.C. 4241(d) for incompetency to stand trial or undergo post-release 
proceedings, information may be available from the U.S. Attorney's 
office concerning pending or dismissed charges, which shows that the 
person engaged or attempted to engage in sexually violent conduct or 
child molestation, or information may be available that he/she engaged 
or attempted to engage in such conduct at some time in the past.
    Regardless of the source, any evidence of sexually violent conduct 
or child molestation in which the person engaged or attempted to engage 
may be considered--whether or not a conviction resulted, and whether or 
not the person's present custody is based on the conduct in question--
and all available evidence and information may be taken into account in 
determining whether the person engaged or attempted to engage in such 
conduct.
    In addition to being part of what must be found to have occurred in 
the past--that the person engaged or attempted to engage in ``sexually 
violent conduct'' or ``child molestation''--these terms figure into the 
required assessment that the person is sexually dangerous to others, 
since that is defined to mean that the 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.'' 18 U.S.C. 4247(a)(6). The 
same definitions of ``sexually violent conduct'' and ``child 
molestation'' apply in the assessment of the person's ability to 
refrain from such conduct if released.

Section 549.73 Definition of ``Child Molestation''

    The Bureau defines this term as any unlawful conduct of a sexual 
nature with, or sexual exploitation of, a person under the age of 18 
years.
    As with ``sexually violent conduct,'' a determination that a person 
has engaged or attempted to engage in ``child molestation'' does not 
require that the person be convicted of or presently charged with the 
conduct in question, and all available evidence and information may be 
used in determining whether the person has engaged or attempted to 
engage in such conduct. The discussion above of Sec.  549.72 provides 
more detailed discussion of these matters, and applies as well in 
relation to ``child molestation.''

Section 549.74 Definition of ``Sexually Dangerous to Others''

    The Bureau defines this term to mean 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. This language derives 
from 18 U.S.C. 4247(a)(6).
    As provided in Sec.  549.70(c), the Bureau, or Bureau-contracted 
mental health professionals, may use all available information about 
conduct and mental condition to determine a person's sexual 
dangerousness to others. For example, it is not necessary that the 
person have been charged with or convicted of any criminal act related 
to the conduct being considered--a limitation that could prevent a 
mental health professional from considering probative and relevant 
evidence such as long-established patterns of behavior, admissions of 
criminal activity previously undetected by authorities, and statements 
of intent to commit future sexually violent crimes or acts of child 
molestation. By considering all conduct and other relevant information, 
a mental health professional can conduct a full assessment of a 
person's difficulty in refraining from committing a future sexually 
violent crime or child molestation.

Section 549.75 Determining ``Serious Difficulty in Refraining From 
Sexually Violent Conduct or Child Molestation if Released''

    This section explains that, when assessing a person's ``serious 
difficulty in refraining from sexually violent conduct or child 
molestation if released,'' Bureau, or Bureau-contracted, mental health 
professionals may consider, but are not limited to, any evidence:

[[Page 43208]]

     Of the person's repeated contact, or attempted contact, 
with one or more victims;
     Of the person's denial of or inability to appreciate the 
wrongfulness, harmfulness, or likely consequences of engaging in 
sexually violent conduct or child molestation;
     Established through interviewing and testing of the 
person, or other risk assessment tools, that are relied upon by mental 
health professionals;
     Established by forensic indicators of inability to control 
conduct, such as:
    (1) Offending while under supervision,
    (2) Engaging in offense(s) when likely to get caught,
    (3) Statement(s) of intent to re-offend, or
    (4) Admission of inability or difficulty to control behavior; or
     Indicating successful completion of, or failure to 
successfully complete, a sex offender treatment program.

These criteria are not meant to be an exhaustive list, but rather are 
illustrative of practical, probative, and relevant evidence used by 
mental health professionals when assessing patient risk.

Executive Order 12866

    This rule falls within a category of actions that the Office of 
Management and Budget (OMB) has determined to constitute ``significant 
regulatory actions'' under section 3(f) of Executive Order 12866 and, 
accordingly, it was reviewed by OMB.
    The Bureau has assessed the costs and benefits of this rule as 
required by Executive Order 12866 Section 1(b)(6) and has made a 
reasoned determination that the benefits of this rule justify its 
costs. This rule will have the benefit of avoiding confusion caused by 
the statutory change, while allowing the Bureau to operate under the 
definitions stated in the regulations. There will be no new costs 
associated with this rulemaking.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, under Executive Order 13132, 
we determine that this rule does not have sufficient Federalism 
implications to warrant the preparation of a Federalism Assessment.

Regulatory Flexibility Act

    The Director of the Bureau of Prisons, under the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by 
approving it certifies that it will not have a significant economic 
impact upon a substantial number of small entities for the following 
reasons: This rule pertains to the correctional management of offenders 
committed to the custody of the Attorney General or the Director of the 
Bureau of Prisons, and its economic impact is limited to the Bureau's 
appropriated funds.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec.  804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule will 
not result in an annual effect on the economy of $100,000,000 or more; 
a major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

List of Subjects in 28 CFR Part 549

    Prisoners.

     Dated: July 24, 2007.
Harley G. Lappin,
Director, Bureau of Prisons.
    Under rulemaking authority vested in the Attorney General in 5 
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we 
propose to amend 28 CFR part 549 as set forth below.

Subchapter C--Institutional Management

PART 549--MEDICAL SERVICES

    1. Revise the authority citation for 28 CFR part 549 to read as 
follows:

    Authority: 5 U.S.C. 301; 10 U.S.C. 876b; 18 U.S.C. 3621, 3622, 
3524, 4001, 4005, 4042, 4045, 4081, 4082 (Repealed in part as to 
offenses committed on or after November 1, 1987), 4241-4248, 5006-
5024 (Repealed October 12, 1984 as to offenses committed after that 
date), 5039; 28 U.S.C. 509, 510.
    2. Add a new subpart F, to read as follows:
Subpart F--Civil Commitment of a Sexually Dangerous Person
Sec.
549.70 Purpose and application.
549.71 Definition of ``sexually dangerous person.''
549.72 Definition of ``sexually violent conduct.''
549.73 Definition of ``child molestation.''
549.74 Definition of ``sexually dangerous to others.''
549.75 Determining ``serious difficulty in refraining from sexually 
violent conduct or child molestation if released.''

Subpart F--Civil Commitment of a Sexually Dangerous Person


Sec.  549.70  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 (Bureau), or Bureau-contracted, staff.
    (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).
    (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, or Bureau-contracted staff, 
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.


Sec.  549.71  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, 
or Bureau-contracted, mental health professional.


Sec.  549.72  Definition of ``sexually violent conduct.''

    For purposes of this subpart, ``sexually violent conduct'' 
includes:
    (a) Any unlawful conduct of a sexual nature with another person 
(``the victim'') that involves:
    (1) The use or threatened use of force against the victim;

[[Page 43209]]

    (2) Threatening or placing the victim in fear that the victim, or 
any other person, will be harmed;
    (3) Rendering the victim unconscious and thereby engaging in 
conduct of a sexual nature with the victim;
    (4) 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;
    (5) 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; or
    (b) Engaging in any conduct of a sexual nature with another person 
with knowledge of having tested positive for the human immunodeficiency 
virus (HIV), or other potentially life-threatening sexually-
transmissible disease, without the informed consent of the other person 
to be potentially exposed to that sexually transmissible disease.


Sec.  549.73  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.


Sec.  549.74  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.


Sec.  549.75  Determining ``serious difficulty in refraining from 
sexually violent conduct or child molestation if released.''

    In determining whether a person will have ``serious difficulty in 
refraining from sexually violent conduct or child molestation if 
released,'' Bureau, or Bureau-contracted, mental health professionals 
may consider, but are not limited to, evidence:
    (a) Of the person's repeated contact, or attempted contact, with 
one or more victims;
    (b) Of the person's denial of or inability to appreciate the 
wrongfulness, harmfulness, or likely consequences of engaging or 
attempting to engage in sexually violent conduct or child molestation;
    (c) Established through interviewing and testing of the person, or 
other risk assessment tools, that are relied upon by mental health 
professionals;
    (d) Established by forensic indicators of inability to control 
conduct, such as:
    (1) Offending while under supervision;
    (2) Engaging in offense(s) when likely to get caught;
    (3) Statement(s) of intent to re-offend; or
    (4) Admission of inability to control behavior; or
    (e) Indicating successful completion of, or failure to successfully 
complete, a sex offender treatment program.

 [FR Doc. E7-14943 Filed 8-2-07; 8:45 am]
BILLING CODE 4410-05-P