Current through October 31, 2024
Section 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.