§ 549.95. Determining "serious difficulty in refraining from sexually violent conduct or child molestation if released."
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/us/cfr/t28/s§ 549.95·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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:
(a)Of the person's repeated contact, or attempted contact, with one or more victims of sexually violent conduct or child molestation;
(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 through 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.