Page:United States Statutes at Large Volume 120.djvu/651

 120 STAT. 620

PUBLIC LAW 109–248—JULY 27, 2006 serious difficulty in refraining from sexually violent conduct or child molestation if released.’’; (D) in subsection (b), by striking ‘‘4245 or 4246’’ and inserting ‘‘4245, 4246, or 4248’’; (E) in subsection (c)(4)— (i) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) respectively; and (ii) by inserting after subparagraph (C) the following: ‘‘(D) if the examination is ordered under section 4248, whether the person is a sexually dangerous person;’’; and (F) in subsections (e) and (h)— (i) by striking ‘‘hospitalized’’ each place it appears and inserting ‘‘committed’’; and (ii) by striking ‘‘hospitalization’’ each place it appears and inserting ‘‘commitment’’ ; and (4) by inserting at the end the following:

‘‘§ 4248. Civil commitment of a sexually dangerous person ‘‘(a) INSTITUTION OF PROCEEDINGS.—In relation to a person who is in the custody of the Bureau of Prisons, or who has been committed to the custody of the Attorney General pursuant to section 4241(d), or against whom all criminal charges have been dismissed solely for reasons relating to the mental condition of the person, the Attorney General or any individual authorized by the Attorney General or the Director of the Bureau of Prisons may certify that the person is a sexually dangerous person, and transmit the certificate to the clerk of the court for the district in which the person is confined. The clerk shall send a copy of the certificate to the person, and to the attorney for the Government, and, if the person was committed pursuant to section 4241(d), to the clerk of the court that ordered the commitment. The court shall order a hearing to determine whether the person is a sexually dangerous person. A certificate filed under this subsection shall stay the release of the person pending completion of procedures contained in this section. ‘‘(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION AND REPORT.—Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c). ‘‘(c) HEARING.—The hearing shall be conducted pursuant to the provisions of section 4247(d). ‘‘(d) DETERMINATION AND DISPOSITION.—If, after the hearing, the court finds by clear and convincing evidence that the person is a sexually dangerous person, the court shall commit the person to the custody of the Attorney General. The Attorney General shall release the person to the appropriate official of the State in which the person is domiciled or was tried if such State will assume responsibility for his custody, care, and treatment. The Attorney General shall make all reasonable efforts to cause such a State to assume such responsibility. If, notwithstanding such efforts, neither such State will assume such responsibility, the Attorney General shall place the person for treatment in a suitable facility, until— ‘‘(1) such a State will assume such responsibility; or

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