28 CFR § 549.95 - Determining “serious difficulty in refraining from sexually violent conduct or child molestation if released.”

---
identifier: "/us/cfr/t28/s549.95"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 549.95 - Determining “serious difficulty in refraining from sexually violent conduct or child molestation if released.”"
title_number: 28
title_name: "Judicial Administration"
section_number: "549.95"
section_name: "Determining “serious difficulty in refraining from sexually violent conduct or child molestation if released.”"
chapter_name: "BUREAU OF PRISONS, DEPARTMENT OF JUSTICE"
subchapter_number: "C"
subchapter_name: "INSTITUTIONAL MANAGEMENT"
part_number: "549"
part_name: "MEDICAL SERVICES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 10 U.S.C. 876b; 18 U.S.C. 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), Chapter 313, 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510."
cfr_part: "549"
---


# 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.