StacksVerified U.S. regulatory reference

28 CFR §549.95

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
In determining whether a person will have “serious difficulty in refraining from sexually violent conduct or child molestation if released,” Bureau mental health professionals may consider, but are not limited to, evidence:
  1. (a)Of the person's repeated contact, or attempted contact, with one or more victims of sexually violent conduct or child molestation;
  2. (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;
  3. (c)Established through interviewing and testing of the person or through other risk assessment tools that are relied upon by mental health professionals;
  4. (d)Established by forensic indicators of inability to control conduct, such as:
    1. (1)Offending while under supervision;
    2. (2)Engaging in offense(s) when likely to get caught;
    3. (3)Statement(s) of intent to re-offend; or
    4. (4)Admission of inability to control behavior; or
  5. (e)Indicating successful completion of, or failure to successfully complete, a sex offender treatment program.