[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5232 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sex Crime Re-Entry EvaluatioN
(SCREEN) Act of 2010''.
SEC. 2. SENTENCE OF SPECIAL CONFINEMENT FOR THE PREVENTION OF SEXUAL
PREDATION AUTHORIZED.
Section 3551(b) of title 18, United States Code, is amended as
follows:
(1) in paragraph (2) by striking ``or'';
(2) in paragraph (3) by striking the period at the end and
inserting ``; or'';
(3) inserting after paragraph (3) the following:
``(4) in the case of certain offenses, a term of special
confinement for the prevention of sexual predation as
authorized by subchapter E.''; and
(4) adding after ``in addition to any other sentence.'' the
following: ``A sentence to a term of special confinement for
the prevention of sexual predation may be imposed in addition
to a sentence to a term of imprisonment.''.
SEC. 3. SENTENCE OF SPECIAL CONFINEMENT FOR THE PREVENTION OF SEXUAL
PREDATION.
Chapter 227 of title 18, United States Code, is amended by adding
at the end the following:
``SUBCHAPTER E--SPECIAL CONFINEMENT FOR 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.
``3587f. Definitions.
``3587g. Implementation of a sentence of special confinement for the
prevention of sexual predation.
``Sec. 3587a. Sentence of special confinement for the prevention 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 offense; and
``(2) has been sentenced to a term of imprisonment 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.
``Sec. 3587b. Effect of finality of judgment
``Notwithstanding the fact that a sentence to a term of special
confinement for the prevention of sexual predation can subsequently
be--
``(1) corrected under rule 35 of the Federal Rules of
Criminal Procedure and section 3742; or
``(2) appealed and modified under section 3742;
a judgment of conviction that includes such a sentence constitutes a
final judgment for all other purposes.
``Sec. 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.
``Sec. 3587d. Hearings to determine status as a sexually dangerous
person
``(a) In General.--Any hearing to determine whether a person
sentenced to a term of special confinement for the prevention of sexual
predation is a sexually dangerous person for purposes of this
subchapter or subchapter 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 prevention of sexual predation and order the
release of the person as soon as possible after the date that the
person is 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 examination of the defendant by a
licensed psychologist or psychiatrist to determine whether the person
is a sexually dangerous person and a report on the results of that
examination.
``(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.
``Sec. 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.
``Sec. 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 purposes of this subchapter,
the term `sexually dangerous person' means an individual who has been
convicted of a sexual 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 engaging in violent sexual acts to a
degree constituting such individual a menace to the health and safety
of others.
``Sec. 3587g. Implementation of a sentence of special confinement for
the prevention of sexual predation
``The implementation of a sentence of special confinement 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.
``Sec. 3631. Special confinement for the prevention of sexual predation
``(a) In General.--A person who has been sentenced to a term of
special confinement for the prevention of sexual predation pursuant to
the provisions of subchapter 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 person was
domiciled or tried will assume custody of the person and responsibility
for carrying out the sentence of special confinement for the prevention
of sexual predation in a manner consistent with the conditions
described in section 3632, the Attorney General shall commit the
defendant to the custody of that State. The Attorney General shall make
every reasonable effort to cause that State to assume such custody and
responsibility.
``Sec. 3632. Annual hearings
``(a) Commenced by Confined Person.--The confined 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 Certification.--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 person by filing
with the court a certificate stating that the supervisor believes that
person is not a sexually dangerous person.
``Sec. 3633. Definitions
``Terms used in this subchapter have the same meanings as terms
under subchapter E of chapter 227.''.
SEC. 5. SENTENCE OF SPECIAL CONFINEMENT FOR THE PREVENTION OF SEXUAL
PREDATION IMPOSED 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 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 addition, be punished by special confinement for the
prevention 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 offense under this section and is sentenced to a
term of imprisonment shall, in addition, be punished by special
confinement 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 offense under this section and is sentenced to a
term of imprisonment shall, in addition, be punished by special
confinement for the prevention of sexual predation for life.''.
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