28 CFR 549.95 : Judicial Administration (§ 0.1 To Parts 1101-1199) — (§ 43.1 To Parts 1101-1199) — Bureau Of Prisons, Department Of Justice (§ 500.1 To Parts 573-599) — Institutional Management (§ 540.2 To § 553.15) — Medical Services (§ 549.10 To § 549.95) — Civil Commitment Of A Sexually Dangerous Person (§ 549.90 To § 549.95) — 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 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.