§4248 Civil Commitment of a Sexually Dangerous Person

Summary

The Attorney General, or someone the Attorney General or the Bureau of Prisons authorizes, can say a person in federal custody, or someone committed for mental evaluation, or someone whose charges were dropped only because of mental problems, is a sexually dangerous person. That claim is sent to the local court clerk, who must give copies to the person and the government lawyer (and to the committing court if there was one). The court will hold a hearing and the claim prevents the person’s release until the process is finished. The court can order a mental health exam and report before the hearing. If the court finds by clear and convincing evidence that the person is sexually dangerous, it must commit the person to the Attorney General’s custody. The Attorney General will try to turn custody over to the person’s home state or the state where they were tried. If the state will not take responsibility, the Attorney General must place the person in a suitable treatment facility until a state accepts responsibility or the person is no longer sexually dangerous or would not be dangerous if released under a prescribed treatment plan. If the treatment facility director later files a certificate saying the person is no longer dangerous, the clerk tells the lawyers and the court. The court will either order release or hold a hearing. If the court finds by a preponderance of the evidence the person is safe without conditions, the person must be released. If the person is safe only with a treatment plan, the court can order a conditional release under a plan the facility director certifies and the court approves, and must require the person to follow it. The facility must tell the Attorney General and the court if the person fails to follow the plan. On notice or other probable cause, the person may be arrested and brought quickly before the court, and after a hearing the court can return the person to a facility if failure to follow the plan shows they are sexually dangerous. If a facility director certifies that a person whose charges were dismissed for reasons not related to mental condition is sexually dangerous, the Attorney General must send that person to the person’s state for possible civil commitment, or release them if the state says it will not take responsibility, but no later than 10 days after the director’s certification.