Case Document 1 Filed Page 1 of 6 I . -F UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS I 'iv UNITED STATES OF AMERICA, I ,ir Petitioner, v. Misc. Action No. In --I ANDREW M. SWARM, . . . I (Reg. NO. 10149-052), A A _ai Respondent. NOTICE OF CERTIFICATION THAT RESPONDENT IS A SEXUALLY DANGEROUS PERSON AND REQUEST FOR HEARING PURSUANT TO 18 U.S.C. 42481211 The United States of America, by its attorney, Michael J. Sullivan, United States Attorney forthe District of Massachusetts, hereby provides notice to this Court that the defendant, Andrew M. Swarm, Reg. No. 06705-033, has been certified to be a "sexually dangerous person" pursuant to section 302(4) of the Adam Walsh Child Protection and Safety Act, Pub. L. No. 109-248, Title 111, 302(4), 120 Stat. 620 (July 27, 2006), codified at 18 U.S.C. 4248(a), and moves this Honorable Court for a hearing to determine whether defendant Andrew M. Swarm is a "sexually dangerous person" subj ect to civil commitment for treatment in an appropriate facility pursuant to 18 U.S.C. 4248. In further support thereof, the United States says as follows: 1. Section 302(4) ofthe Adam Walsh Child Protection and Safety Act provides, as relevant here: In relation to a person who is in custody ofthe Bureau of Prisons any individual authorized by the Attorney General or the Director of the Bureau of Prisons may certify that the person is a sexually dangerous person, and transmit the certificate to the clerk of the court for the district in which the person is confined. The clerk shall Case Document 1 Filed Page 2 of 6 send a copy of the certificate to the person, and to the attorney for the Government. The court shall 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 this subsection shall stay the release of the person pending completion of procedures contained in this section. 18 U.S.C. The term "sexually dangerous person" is defined in 18 U.S.C. to mean "a person who has engaged or attempted to engage in sexually violent conduct or child molestation and who is sexually dangerous to others." The term "sexually dangersous to others" is defined in 18 U.S.C. to mean, with respect to a person, "that the person 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." 2. Attached hereto as Exhibit 1 is a "Certification ofa Sexually Dangerous Person" executed by Paul Sahwell, Interim Chairperson of the Bureau of Prisons' Certification Review Panel. Attached hereto as Exhibit 2 is a copy of a memorandum from Harley G. Lappin, Director of the Bureau of Prisons, delegating to, among others, Paul Sahwell, Interim Chairperson ofthe Bureau of Prisons' Certification Review Panel, the authority to certify offenders as sexually dangerous persons pursuant to 18 U.S.C. 4248(a). These documents establish that (1) the respondent, Andrew M. Swarm, is presently in Bureau custody at the Federal Medical Center, Devens, Massachusetts; and (2) that an individual, Paul Sahwell, who has received the required delegation of authority from the Director of the Bureau of Prisons, has certified that respondent Andrew M. Swarm is a "sexually dangerous person" as defined by i8 U.S.C. 4247(a)(5) and "sexually dangerous to others" as defined by 18 U.S.C. 4247(a)(6). WHEREFORE, the United States of America hereby requests that this Honorable Court set a time and date to conduct a hearing required by 18 U.S.C. 4248(a) to determine whether Case Document 1 Filed Page 3 of 6 respondent is a sexually dangerous person subject to commitment to the custody of the Attorney General for treatment in a suitable facility in accordance with 18 U.S.C. 4248(d). Pursuant to 18 U.S.C. 4248(a), as the result of the tiling ofthe certification attached to this petition as Exhibit 1. respondent Andrew M. Swarm will remain in custody pending completion ofthe procedures set forth in 18 U.S.C. 4248. Respectfully submitted, MICHAEL . SULLIVAN United States Attorney By: Rayf A. Farquhar Assistant U.S. Attorney John Joseph Moakley U.S. Courthouse 1 Courthouse Way, Suite 9200 Boston, MA 02210 (617) 7118-31-- Dated: February 20, 2007 Case Document 1 Filed Page 4 of 6 CERTIFICATION OF A SEXUALLY DANGEROUS PERSON (1) I, Paul Sahwell, am Interim Chairperson of the Federal Bureau of Prisons (Bureau) Certification Review Panel, Washington, D.C. Pursuant to 28 C.F.R. 0.97, the Director of the Bureau has delegated to me the authority to certify persons in Bureau custody as sexually dangerous, as authorized by 18 U.S.C. 4248(a). (2) Bureau records reflect the following. Inmate Andrew M. Swarm, Register Number 10149-052, is in Bureau custody at the Federal Medical Center in Ayer (Devens), Massachusetts, in service of a four-month federal term of imprisonment following his revocation of supervised release. Inmate Swarm's original sentence was a 74-month federal term of imprisonment following his convictions for receipt and possession of child pornography in violation of 18 U.S.C. 2252, and manufacturing marijuana in violation of 18 U.S.C. 841, Criminal Case No. 00-CR-0566, N.D.N.Y. Inmate Swarm's projected release date is February 21, 2007, via full term release. (3) Based on a review of inmate Swarm's Bureau records, I certify he is a sexually dangerous person as defined by 18 U.S.C. 4247(a)(5), and sexually dangerous to others as defined by 18 U.S.C. 4247(a)(6). My certification is based on information found in Bureau records which includes, but is not limited to, the following: Inmate Swarm previously engaged or attempted to engage in sexually violent conduct or child molestation as evidenced by having been previously convicted of attempted Case Document 1 Filed Page 5 of 6 sexual abuse and second degree attempted endangering the welfare of a child in a New York State court. The offense conduct in that case involved attempted sexual contact with an 11 year old girl; A limited review of inmate Swarm indicated an Axis I diagnosis of Pedophilia, Sexually Attracted to Females; and An initial assessment of inmate Swarm using two actuarial risk assessment instruments (Static-99 and Rapid Risk Assessment for Sexual Offense Recidivism was conducted. These results, in addition to inmate Swarm's previous offense conduct, diagnosis, and history of failing to comply with requirements of conditional release, indicate he will have serious difficulty refraining from sexually violent conduct or child molestation if released. Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief. Pau Sahwell Date In erim Chairperson Certification Review Panel Federal Bureau of Prisons Case Documentl Filed Page ~r A 'al - 3 January 22, 2007 HEMORRNDUM FOR KATHLEEN N. KENNEY, DIRECTOR OFFICE OF GENERQL COUNSEL JOHN M. VANYUR, DIRECTOR ,Qi 6of6 CT JQL FROGRAMS FROM: Harle Director 3UBJECT: Establishment of a CEURftifiC&tiOD Review Panel sed Delegation of Certification Authority By this memorandum, I am directing the establishment of a Review to review teleasihq offendets tor civil Commitment pursuant to Title 13 U.S.C. es enacted by the edam Walsh Child Protection and Safety Het of 2306 (?obiio Law This pahei is_to he oomposed of staff troe the Correctional Programs Division, the Office of Counsel, and others appointed oy the Assistant Director, Cotreotiohel Programs Division. Further, I am delegating authority to oertity ofieeders as "sexually dangerous persons" as detihed under this law, to the Chairperson ot the CRP. Ch ah interim basis, this authority is delegated to Dr. William T. Biokart, Interim Chair, ahd Dr. ?aul_Sahwell, Dr. Patti Butterfield or Dt. John Qaxtef as alternate Chairpersons ih his ehsehoe. As a permaheht_CR? is staffed, this delegated authority will eohvey to the Chairperson of the CRP.