Services for Federal Sex Offense Cases
Our team assists attorneys with their federal sex offense clients in many ways. Mainly, we help the defendant get designated to a Bureau of Prisons facility that has a SOMP or Sex Offender Management Program. Successful graduates of SOMP are eligible for up to 6 months Residential Re-entry placement and even sometimes Home Confinement.
As a nationally recognized expert in Sex Offender treatment and evaluation, Mr. Cameron has helped defendants receive downwardly departed federal sentences due to his expertise.
Sex Offender Treatment and Protection
Residing at a SOMP facility promotes safety for the sex offender. Sex offenders are the target of bullying and intimidation. BOP staff do everything they can to have safe and secure environments for their inmates. Sex Offenders on a general population yard, maybe subjected to these negative experiences more than if designated to a SOMP facility.
Hiring a consultant that has this expertise in the beginning is so important. Contact me today for more information.
While a discussion of this topic requires more than a cursory reference, given the BOP’s role in registration, treatment and possible commitment, a brief summary of possible consequences is required.
The BOP has Program Statement 5141.02, Sex Offender Notification and Registration (Dec. 14, 1998), which provides for notification of local authorities for those with the “sex offender” PSF. The law has evolved substantially since this Program Statement.
Sex Offender Registration & Notification Act – SORNA
In 2006, Congress enacted the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. §§ 16901-16929. SORNA defines “sex offender” very broadly, creates a national sex offender database, requires that anyone who travels for more than a 3-day period update registration data with local authorities, and mandates in-person verification of registry data, potentially for the rest of that individual’s life. If an individual labeled as a “sex offender” fails to update or register as required by SORNA, he or she faces a potential felony conviction under 18 U.S.C. § 2250. This process begins with the BOP’s identification of an individual as a sex offender and notification and acknowledgment of the registration requirements of SORNA.
Indefinite Custody for Sex Offenders?
Civil commitment under 18 U.S.C. § 4248 is a larger problem. The provision may prohibit a prisoner from ever departing federal custody. Under that statute, if the BOP certifies that an inmate scheduled for release meets the definition of a “sexually dangerous person,” it may hold that inmate in custody, potentially indefinitely. This procedure was recently upheld by the Supreme Court in United States v. Comstock, 130 S. Ct. 1949 (2010).
A “sexually dangerous person” is defined as a “person who has engaged or attempted to engage in sexually violent conduct or child molestation” and who “suffers from a serious mental illness, abnormality, or disorder as a result of which he would have serious difficulty in refraining from sexually violent conduct or child molestation if released.” 18 U.S.C. § 4247(a)(5) & (6). This definition is sufficiently broad to raise concerns as to how many may one day be swept in to indefinite civil commitment.
Our team has years of experience working inside the federal institutions and can help you keep yourself or loved ones out of prison. Contact us at 214-431-2032 for more information.