I 

111TH CONGRESS 

2D SESSION H. R. 5232 

To amend title 18, United States Code, to permit a court to sentence an 

offender who is determined to be sexually dangerous to a term of special 

confinement for the prevention of sexual predation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2010 

Mr. KRATOVIL introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to permit a court 

to sentence an offender who is determined to be sexually 

dangerous to a term of special confinement for the prevention of sexual predation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sex Crime Re-Entry 

5 EvaluatioN (SCREEN) Act of 2010’’. 


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1 SEC. 2. SENTENCE OF SPECIAL CONFINEMENT FOR THE 

2 PREVENTION OF SEXUAL PREDATION AU3 THORIZED. 

4 Section 3551(b) of title 18, United States Code, is 

5 amended as follows: 

6 (1) in paragraph (2) by striking ‘‘or’’; 

7 (2) in paragraph (3) by striking the period at 

8 the end and inserting ‘‘; or’’; 

9 (3) inserting after paragraph (3) the following: 

10 ‘‘(4) in the case of certain offenses, a term of 

11 special confinement for the prevention of sexual pre12 dation as authorized by subchapter E.’’; and 

13 (4) adding after ‘‘in addition to any other sen14 tence.’’ the following: ‘‘A sentence to a term of spe15 cial confinement for the prevention of sexual preda16 tion may be imposed in addition to a sentence to a 

17 term of imprisonment.’’. 

18 SEC. 3. SENTENCE OF SPECIAL CONFINEMENT FOR THE 

19 PREVENTION OF SEXUAL PREDATION. 

20 Chapter 227 of title 18, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘SUBCHAPTER E—SPECIAL CONFINEMENT FOR 

23 THE PREVENTION OF SEXUAL PREDATION 

‘‘3587a. Sentence of special confinement for the prevention of sexual predation. 

‘‘3587b. Effect of finality of judgment. 

‘‘3587c. Right to hearing. 

‘‘3587d. Hearings to determine status as a sexually dangerous person. 

‘‘3587e. Commencement of sentence. 


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‘‘3587f. Definitions. 

‘‘3587g. Implementation of a sentence of special confinement for the prevention 

of sexual predation. 

1 ‘‘§ 3587a. Sentence of special confinement for the pre2 vention of sexual predation 

3 ‘‘(a) IN GENERAL.—The court may sentence to a 

4 term of special confinement for the prevention of sexual 

5 predation a defendant who— 

6 ‘‘(1) has been found guilty of a qualifying of7 fense; and 

8 ‘‘(2) has been sentenced to a term of imprison9 ment for that qualifying offense. 

10 ‘‘(b) QUALIFYING OFFENSES.—For purposes of this 

11 section, a qualifying offense is any of the following: 

12 ‘‘(1) An offense under section 2241. 

13 ‘‘(2) An offense under section 2242. 

14 ‘‘(3) An offense under section 2245. 

15 ‘‘(4) An offense under section 2251(e). 

16 ‘‘(c) AUTHORIZED TERMS.—The authorized term of 

17 special confinement for the prevention of sexual predation 

18 is for the duration of the defendant’s life. 

19 ‘‘§ 3587b. Effect of finality of judgment 

20 ‘‘Notwithstanding the fact that a sentence to a term 

21 of special confinement for the prevention of sexual preda22 tion can subsequently be— 

23 ‘‘(1) corrected under rule 35 of the Federal 

24 Rules of Criminal Procedure and section 3742; or 


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1 ‘‘(2) appealed and modified under section 3742; 

2 a judgment of conviction that includes such a sentence 

3 constitutes a final judgment for all other purposes. 

4 ‘‘§ 3587c. Right to hearing 

5 ‘‘The defendant shall have the right to a hearing to 

6 determine whether the defendant is a sexually dangerous 

7 person. That hearing shall be conducted not earlier than 

8 180 days before the scheduled release of the defendant 

9 from the custody of the Bureau of Prisons after the term 

10 of imprisonment. 

11 ‘‘§ 3587d. Hearings to determine status as a sexually 

12 dangerous person 

13 ‘‘(a) IN GENERAL.—Any hearing to determine wheth14 er a person sentenced to a term of special confinement 

15 for the prevention of sexual predation is a sexually dan16 gerous person for purposes of this subchapter or sub17 chapter D of chapter 229 shall be conducted as provided 

18 under this section. 

19 ‘‘(b) DISPOSITION.—If the person establishes by clear 

20 and convincing evidence that the person is not a sexually 

21 dangerous person, the court shall set aside or terminate 

22 a sentence to a term of special confinement for the preven23 tion of sexual predation and order the release of the per24 son as soon as possible after the date that the person is 


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1 released from the custody of the Bureau of Prisones after 

2 a term of imprisonment. 

3 ‘‘(c) EXAMINATION AND REPORT.—In conducting a 

4 hearing under this section, the court shall order an exam5 ination of the defendant by a licensed psychologist or psy6 chiatrist to determine whether the person is a sexually 

7 dangerous person and a report on the results of that ex8 amination. 

9 ‘‘(d) RIGHTS OF PERSON.— 

10 ‘‘(1) Except as provided in paragraph (2), a 

11 hearing under this section shall be conducted in 

12 same manner as a hearing under section 4247(d). 

13 ‘‘(2) The person shall have the right to have the 

14 issue of whether that person is a sexually dangerous 

15 person determined by a jury impanelled pursuant to 

16 chapter 121 of title 28, United States Code. 

17 ‘‘(e) ROLE OF THE GOVERNMENT.—In a hearing 

18 under this section, the attorney for the Government may 

19 present evidence, subpoena witnesses, and confront and 

20 cross-examine witnesses. 

21 ‘‘§ 3587e. Commencement of sentence 

22 ‘‘A sentence to a term of special confinement for the 

23 prevention of sexual predation commences on the date that 

24 the defendant is released from the custody of the Bureau 

25 of Prisons after a term of imprisonment. 


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1 ‘‘§ 3587f. Definitions 

2 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

3 this subchapter, terms used in this subchapter have the 

4 meanings given such terms in section 4247. 

5 ‘‘(b) SEXUALLY DANGEROUS PERSON.—For pur6 poses of this subchapter, the term ‘sexually dangerous per7 son’ means an individual who has been convicted of a sex8 ual offense that includes violent conduct as an element of 

9 the offense, and who suffers from a mental, behavioral, 

10 or emotional disorder affecting the emotional or volitional 

11 capacity which predisposes that individual toward engag12 ing in violent sexual acts to a degree constituting such 

13 individual a menace to the health and safety of others. 

14 ‘‘§ 3587g. Implementation of a sentence of special con15 finement for the prevention of sexual pre16 dation 

17 ‘‘The implementation of a sentence of special confine18 ment for the prevention of sexual predation is governed 

19 by the provisions of subchapter D of chapter 229.’’. 

20 SEC. 4. POSTSENTENCE ADMINISTRATION. 

21 Chapter 229 of title 18, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘SUBCHAPTER D—SPECIAL CONFINEMENT FOR 

24 THE PREVENTION OF SEXUAL PREDATION 

‘‘3631. Special confinement for the prevention of sexual predation. 

‘‘3632. Annual hearings. 

‘‘3633. Definitions. 


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1 ‘‘§ 3631. Special confinement for the prevention of 

2 sexual predation 

3 ‘‘(a) IN GENERAL.—A person who has been sen4 tenced to a term of special confinement for the prevention 

5 of sexual predation pursuant to the provisions of sub6 chapter E of chapter 227 shall be treated as provided 

7 under subsection (b). The person shall be committed to 

8 the custody of the Attorney General until— 

9 ‘‘(1) the expiration of the term imposed; 

10 ‘‘(2) the earlier release of the person pursuant 

11 to a hearing under section 3587d; or 

12 ‘‘(3) the transfer of that person to the custody 

13 of a State pursuant to subsection (c). 

14 ‘‘(b) PLACEMENT IN A SUITABLE FACILITY.—If no 

15 State assumes custody and responsibility of the defendant 

16 under subsection (c), the Attorney General shall place the 

17 defendant in a suitable facility for treatment. 

18 ‘‘(c) STATE CUSTODY.—If the State in which the per19 son was domiciled or tried will assume custody of the per20 son and responsibility for carrying out the sentence of spe21 cial confinement for the prevention of sexual predation in 

22 a manner consistent with the conditions described in sec23 tion 3632, the Attorney General shall commit the defend24 ant to the custody of that State. The Attorney General 

25 shall make every reasonable effort to cause that State to 

26 assume such custody and responsibility. 


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1 ‘‘§ 3632. Annual hearings 

2 ‘‘(a) COMMENCED BY CONFINED PERSON.—The con3 fined person has the right to not more than one hearing 

4 under section 3587d to determine whether the confined 

5 person is a sexually dangerous person for each year that 

6 person is confined. 

7 ‘‘(b) COMMENCED BY SUPERVISOR CERTIFI8 CATION.—Not more than once each year, the supervisor 

9 of the facility in which the confined person is confined may 

10 commence a hearing under section 3587d to determine 

11 whether the confined person is a sexually dangerous per12 son by filing with the court a certificate stating that the 

13 supervisor believes that person is not a sexually dangerous 

14 person. 

15 ‘‘§ 3633. Definitions 

16 ‘‘Terms used in this subchapter have the same mean17 ings as terms under subchapter E of chapter 227.’’. 

18 SEC. 5. SENTENCE OF SPECIAL CONFINEMENT FOR THE 

19 PREVENTION OF SEXUAL PREDATION IM20 POSED FOR CERTAIN OFFENSES. 

21 (a) AGGRAVATED SEXUAL ABUSE.—Section 2241 of 

22 title 18, United States Code, is amended by adding at the 

23 end the following: 

24 ‘‘(e) ADDITIONAL PUNISHMENT.—Whoever commits 

25 an offense under this section and is sentenced to a term 

26 of imprisonment shall, in addition, be punished by special 


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1 confinement for the prevention of sexual predation for 

2 life.’’. 

3 (b) SEXUAL ABUSE.—Section 2242 of title 18, 

4 United States Code, is amended by adding at the end the 

5 following: ‘‘Whoever commits an offense under this section 

6 and is sentenced to a term of imprisonment shall, in addi7 tion, be punished by special confinement for the preven8 tion of sexual predation for life.’’. 

9 (c) OFFENSES RESULTING IN DEATH.—Section 

10 2245(a) of title 18, United States Code, is amended by 

11 adding at the end the following: ‘‘Whoever commits an of12 fense under this section and is sentenced to a term of im13 prisonment shall, in addition, be punished by special con14 finement for the prevention of sexual predation for life.’’. 

15 (d) SEXUAL EXPLOITATION OF CHILDREN.—Section 

16 2251(e) of title 18, United States Code, is amended by 

17 adding at the end the following: ‘‘Whoever commits an of18 fense under this section and is sentenced to a term of im19 prisonment shall, in addition, be punished by special con20 finement for the prevention of sexual predation for life.’’. 

Æ 


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