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Case 1:07-cv-12066-JLT Document 1 Filed 03/21/07 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS uxreostarcsoramenca, 3 072010066 Petitioner, ) ) v. ) (Reg. No. 08199-007), d eqendo NOTICE OF CERTIFICATION THAT RESPONDENT IS A SEXUALLY DANGEROUS PERSON AND REQUEST FOR HEARING PURSUANT TO 1 24860 ‘The United States of Auer by its attorney, Michael J, Sullivan, United States Atomey forthe District of Massachusetts, hereby provides notice to this Cour: thatthe defendant, Jack W. MRas, Reg. No. (08199007, has been certified to be a “sexually dangerous person” pursuant to section 302(4) of Ue Adam Walsh Child Protection and Safety Act, Pub. L. No. 109.248, Tite I, §302(4), 120 Stat. 620 (July 27, 2006), codified at 18 U.S.C. § 4248(e), and moves this Honorable Cou fora hearing to determine whether defendant Jack W. McRae is a“sexnally danger ous person” subject to civil commitment for treatment in an appropriate fai ty pursuant to 18 USC. § 4248, In further support thereof, the United States says as follows: 1. Section 302(4) of the Adam Walsh Child Protection and Safety Act provides, as relevant {nrelation toa person who isin eustody ofthe Bureau of Prisons * ** any individual authorized by the Attomey General or the Director of the Bureau of Prisons may cect that the person is asexually dangerous person, ané transmit the cer:featet> the cler of the cour for the distrc: in which the person is confined. The clerk shall Case 1:07-cv-12066-JLT Document 1 Filed 03/21/07 Page 2 of 7 send a copy of the certificate to the person, and tothe attorney for the Government The court shell order a hearing [to be conducted pursuant to the provisions of section 4247(d)] to determine whether the person is a sexually dangerous person. A. certificate filed under dis subsection shall stay the release of the person pending, ‘completion of procedures contained inthis section. 18 US.C. § 4248(@). ‘The term “sexually dangerous person” is defined in 18 US.C. § 4247(a\(5) {to mean “a person who has engaged or attempted to engage in sexually violent conduct or child ge ly molestation and who is sexually dangerous to others.” The term “sexually dangersous to others” is defined in 18 U.S.C. § 4247(a)(6) to mean, with respect toa person, “thatthe person suffers ftom 2 sericus mental illness, abnormality, or disorder as a result of which he would have serious litficulty in refraining from sexually violent cenduct or child molestation if released.” 2, Attached hereto as Exhibit | is a “Certification of a Sexually Dangerous Person” «executed by William T. Bickart, Interim Chairperson ofthe Bureau of Prisons' CertiticationReeview Panel. Attached hereto as Exhibit 2is a copy of a memorandum from Harley G. Lappin, Director of the Bureau of Prisons, delegating to, among others, William T. Bickart, Interim Chairperson of the Bureau of Prisons” Cectfication Review Pane, the authority to cemify offenders as sexually dangerous persons pursuant to 18 U.S.C. § 4248(a). These documents establish that (1) the respondent, Jack W. MeRae, is presently in Bureau custody a the Federal Medical Center, Devens, Massachusetts; and (2) that an individual, William T. Bickar, who has teccived the required declegtion oauthonty om the Director ofthe Bureau of Prisons hes certified that respondent: Jack W. MeRac isa “sexually dangerous person” as defined by 18 U.S.C. § 42475) snd “sexually dangerous to others” a8 defined by 18 US.C. § 4247690, WHEREFORE, the United States of America hereby requests ha this Honorable Court set atime and date to conduct a hearing required hy 18 U.S.C. § 4248(a) to determine whether Case 1:07-cv-12066-JLT Document 1 Filed 03/21/07 Page 3 of 7 respondent isa sexually dangerous person subject to commitment the custody ofthe Attorney General for treatment in a suitable facility in accordance with 18 U.S.C. § 4248(8). Pursuantto 18 US.C. § 4248(a) asthe result of the filing ofthe cenification attached to this petition as Exhibit respondent Jack W. MeRay will remain in custody pending completion of the procedures set ferth in SUS. § 4248 Respectfully submited, MICHAEL J. SULLIVAN “Assistant U.S. Atiomey John Joseph Moakley US. Courthouse 1 Courthouse Way, Suite 9200 Boston, MA 02210 (617) 748.3606 Dated: March 20, 2007 Case 1:07-cv-12066-JLT Document 1 Filed 03/21/07 Page 4 of 7 CEREEPECATION OF A SEXUALLY DANGEROUS PERCH (2) 1, Willian T, Bickart, am Interim Chaizperscn of the Federal Bureau of Prisons (Burcu) Certification Review Panel, Washington, B.C. Pursuant co 28 C.P.R. § 0.97, the Director of the Bureas has delegated to me the authority to certify persons in Bureau custody ae sexually dangerous, as authoviaed by ie u.8.c. § 424a(a) (2) Buxean recordy reflect the following: Innate Jack ¥. Moree, Regie Number 08199-007, 1s in Bureau custody at the Federal Medical Center in ayer (Devens), Massachusetts, serving @ violation of parole of imprésonne: tor a Dietric: of columbia conviction for Rape Mule Armed in violation of £.C. Code § 22-4801 (formerly D.C. Code § 22-2801) (Wocket No. F- ‘The offerse 7530-82) (Dieteict of Columbia superior Court}. ccnduct in the original case involved inmate NoRae forcing a femate victim te perform oral and vaginal sexual interscurse with him by threatening ner with a knife. Inmate UcRae’s projected release date is March 22, 2007 (3) Based on a review of inate McRae’s Sursau records, 1 fy he is a sexually dangerous person as defined by 12 J.S.C. § 4267(a) (5), and sexually dangerous to others as defined by 18 U.S.C. § 4247{a) (6). My certification is based oa information found in Bureau records which includes, but is not Limited to, the foliowing: (A) Tamace MeRse previously engaged cx atterpted to engage in the sexually violent conduct oF child molestation as evidenced by his offense conduct and Case 1:07-cv-12066-JLT Document 1 Filed 03/21/07 Page 5 of 7 price conviction for Carral xnowledge, Assamt with a Deadly Weapon (serewdr ive: . and Assault with rate: Bape and sentence to a term of four te twelve years in 172 (District of Columbia Superior Court). The offense conduct in that caso involved innate KeRae forcibly entering a residence and sexually assaulting an ii-year-old girl fenale. (B) A Limived payekological review of innate MeRae indicated, among other diagnoses, an Axis II diagnosis of Antisocial Pertonality Diserder. (G) Ap initial assesonent of inmate McRae ssing tuo actuarial risk assesment inetrunents (static-3 and Rapid Risk Assesonent for Sexual Offense Recidivien (RRASOR)) was conducted. These zee 8, in addition We inmate McRae'» listory of poor sexual self-regulation, no nistory ef sex effender treatment, aistory of otfending while on supervised velease, and alcohol dependence, indicate he will have serious aisticuity refraining fron sexually violent conduct or chia nolestarion 1 released. Case 1:07-cv-12066-JLT Document 1 Filed 03/21/07 Page 6 of 7 Pursuant to 28 U.S.C. § 1746, T declare under penalty of perjury that the forgoing is true and correct to the best of ny knowledge, inforration, and belie®. a. / } alata Witten ¥ “sista Bice stevia chaisperson Gentifleation Review panel Federal Bureau of tricone Case 1:07-cv-12066-JLT Document 1 Filed 03/21/07 Page 7 of 7. 1S. Department of fastie varuary 22, 2007 MEMORANDUM FOR KATHLEEN M. KENNEY, ASSISTANT DIRECTOR GFELCE OF GENERAL COUNSEL JOHN M. VANYOR, ASSISTANT DIRECTOR we f “ef BAL FROGRAL: SION Sem ARES Establishment Of 4 Certiticazion Review Panel and Delegation of Certification Authority nenorandem, Tam directing the establishment of a cation Hevew Panel (CRF) co review releasine offenders miniement pursuant to Title 18 U.S.C. 9 4288 (aly as enacted oy the Aan Waléh chile Protection ané Safety acs o£ 200 (ubLis Law 109-243). This panel is to bs composed Sf staff Fran {he Correctional Prograns Division, tke Grfice ef Genczal Gounsel, and cehers apposntes by she Assistant Street: Correctional Programs bivisicn Further, T am delegating authority to certify offenders ae “Sexually dangerous persona” es defined uncer thie lax, to the the CRE. on go interin basis, this euthority is Willian T, Eickare, Intern’ CRP chei= Se. Patti butterfield sr Br. Jahn Bastar as