‘‘3587f. Definitions. 
‘‘3587g. Implementation of a sentence of special confinement for the prevention 
of sexual predation. 
‘‘§ 3587a. Sentence of special confinement for the pre-
vention of sexual predation 
‘‘(a) IN GENERAL.—The court may sentence to a 
term of special confinement for the prevention of sexual 
predation a defendant who— 
‘‘(1) has been found guilty of a qualifying of-
fense; and 
‘‘(2) has been sentenced to a term of imprison-
ment for that qualifying offense. 
‘‘(b) QUALIFYING OFFENSES.—For purposes of this 
section, a qualifying offense is any of the following: 
‘‘(1) An offense under section 2241. 
‘‘(2) An offense under section 2242. 
‘‘(3) An offense under section 2245. 
‘‘(4) An offense under section 2251(e). 
‘‘(c) AUTHORIZED TERMS.—The authorized term of 
special confinement for the prevention of sexual predation 
is for the duration of the defendant’s life. 
‘‘§ 3587b. Effect of finality of judgment 
‘‘Notwithstanding the fact that a sentence to a term 
of special confinement for the prevention of sexual preda-
tion can subsequently be— 
‘‘(1) corrected under rule 35 of the Federal 
Rules of Criminal Procedure and section 3742; or 
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‘‘(2) appealed and modified under section 3742; 
a judgment of conviction that includes such a sentence 
constitutes a final judgment for all other purposes. 
‘‘§ 3587c. Right to hearing 
‘‘The defendant shall have the right to a hearing to 
determine whether the defendant is a sexually dangerous 
person. That hearing shall be conducted not earlier than 
180 days before the scheduled release of the defendant 
from the custody of the Bureau of Prisons after the term 
of imprisonment. 
‘‘§ 3587d. Hearings to determine status as a sexually 
dangerous person 
‘‘(a) IN GENERAL.—Any hearing to determine wheth-
er a person sentenced to a term of special confinement 
for the prevention of sexual predation is a sexually dan-
gerous person for purposes of this subchapter or sub-
chapter D of chapter 229 shall be conducted as provided 
under this section. 
‘‘(b) DISPOSITION.—If the person establishes by clear 
and convincing evidence that the person is not a sexually 
dangerous person, the court shall set aside or terminate 
a sentence to a term of special confinement for the preven-
tion of sexual predation and order the release of the per-
son as soon as possible after the date that the person is 
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released from the custody of the Bureau of Prisones after 
a term of imprisonment. 
‘‘(c) EXAMINATION AND REPORT.—In conducting a 
hearing under this section, the court shall order an exam-
ination of the defendant by a licensed psychologist or psy-
chiatrist to determine whether the person is a sexually 
dangerous person and a report on the results of that ex-
amination. 
‘‘(d) RIGHTS OF PERSON.— 
‘‘(1) Except as provided in paragraph (2), a 
hearing under this section shall be conducted in 
same manner as a hearing under section 4247(d). 
‘‘(2) The person shall have the right to have the 
issue of whether that person is a sexually dangerous 
person determined by a jury impanelled pursuant to 
chapter 121 of title 28, United States Code. 
‘‘(e) ROLE OF THE GOVERNMENT.—In a hearing 
under this section, the attorney for the Government may 
present evidence, subpoena witnesses, and confront and 
cross-examine witnesses. 
‘‘§ 3587e. Commencement of sentence 
‘‘A sentence to a term of special confinement for the 
prevention of sexual predation commences on the date that 
the defendant is released from the custody of the Bureau 
of Prisons after a term of imprisonment. 
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‘‘§ 3587f. Definitions 
‘‘(a) IN GENERAL.—Except as otherwise provided in 
this subchapter, terms used in this subchapter have the 
meanings given such terms in section 4247. 
‘‘(b) SEXUALLY DANGEROUS PERSON.—For pur-
poses of this subchapter, the term ‘sexually dangerous per-
son’ means an individual who has been convicted of a sex-
ual offense that includes violent conduct as an element of 
the offense, and who suffers from a mental, behavioral, 
or emotional disorder affecting the emotional or volitional 
capacity which predisposes that individual toward engag-
ing in violent sexual acts to a degree constituting such 
individual a menace to the health and safety of others. 
‘‘§ 3587g. Implementation of a sentence of special con-
finement for the prevention of sexual pre-
dation 
‘‘The implementation of a sentence of special confine-
ment for the prevention of sexual predation is governed 
by the provisions of subchapter D of chapter 229.’’. 
SEC. 4. POSTSENTENCE ADMINISTRATION. 
Chapter 229 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘SUBCHAPTER D—SPECIAL CONFINEMENT FOR 
THE PREVENTION OF SEXUAL PREDATION 
‘‘3631. Special confinement for the prevention of sexual predation. 
‘‘3632. Annual hearings. 
‘‘3633. Definitions. 
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‘‘§ 3631. Special confinement for the prevention of 
sexual predation 
‘‘(a) IN GENERAL.—A person who has been sen-
tenced to a term of special confinement for the prevention 
of sexual predation pursuant to the provisions of sub-
chapter E of chapter 227 shall be treated as provided 
under subsection (b). The person shall be committed to 
the custody of the Attorney General until— 
‘‘(1) the expiration of the term imposed; 
‘‘(2) the earlier release of the person pursuant 
to a hearing under section 3587d; or 
‘‘(3) the transfer of that person to the custody 
of a State pursuant to subsection (c). 
‘‘(b) PLACEMENT IN A SUITABLE FACILITY.—If no 
State assumes custody and responsibility of the defendant 
under subsection (c), the Attorney General shall place the 
defendant in a suitable facility for treatment. 
‘‘(c) STATE CUSTODY.—If the State in which the per-
son was domiciled or tried will assume custody of the per-
son and responsibility for carrying out the sentence of spe-
cial confinement for the prevention of sexual predation in 
a manner consistent with the conditions described in sec-
tion 3632, the Attorney General shall commit the defend-
ant to the custody of that State. The Attorney General 
shall make every reasonable effort to cause that State to 
assume such custody and responsibility. 
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‘‘§ 3632. Annual hearings 
‘‘(a) COMMENCED BY CONFINED PERSON.—The con-
fined person has the right to not more than one hearing 
under section 3587d to determine whether the confined 
person is a sexually dangerous person for each year that 
person is confined. 
‘‘(b) 
COMMENCED
BY
SUPERVISOR
CERTIFI-
CATION.—Not more than once each year, the supervisor 
of the facility in which the confined person is confined may 
commence a hearing under section 3587d to determine 
whether the confined person is a sexually dangerous per-
son by filing with the court a certificate stating that the 
supervisor believes that person is not a sexually dangerous 
person. 
‘‘§ 3633. Definitions 
‘‘Terms used in this subchapter have the same mean-
ings as terms under subchapter E of chapter 227.’’. 
SEC. 5. SENTENCE OF SPECIAL CONFINEMENT FOR THE 
PREVENTION OF SEXUAL PREDATION IM-
POSED FOR CERTAIN OFFENSES. 
(a) AGGRAVATED SEXUAL ABUSE.—Section 2241 of 
title 18, United States Code, is amended by adding at the 
end the following: 
‘‘(e) ADDITIONAL PUNISHMENT.—Whoever commits 
an offense under this section and is sentenced to a term 
of imprisonment shall, in addition, be punished by special 
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confinement for the prevention of sexual predation for 
life.’’. 
(b) SEXUAL ABUSE.—Section 2242 of title 18, 
United States Code, is amended by adding at the end the 
following: ‘‘Whoever commits an offense under this section 
and is sentenced to a term of imprisonment shall, in addi-
tion, be punished by special confinement for the preven-
tion of sexual predation for life.’’. 
(c) OFFENSES
RESULTING
IN
DEATH.—Section 
2245(a) of title 18, United States Code, is amended by 
adding at the end the following: ‘‘Whoever commits an of-
fense under this section and is sentenced to a term of im-
prisonment shall, in addition, be punished by special con-
finement for the prevention of sexual predation for life.’’. 
(d) SEXUAL EXPLOITATION OF CHILDREN.—Section 
2251(e) of title 18, United States Code, is amended by 
adding at the end the following: ‘‘Whoever commits an of-
fense under this section and is sentenced to a term of im-
prisonment shall, in addition, be punished by special con-
finement for the prevention of sexual predation for life.’’. 
Æ 
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