AWCPSAAdam Walsh Child Protection and Safety Act of 2006
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Specifically, all three experts agreed that Charboneau suffered from an alcohol use disorder that satisfied the mental illness requirement under the AWCPSA. Additionally, all three experts testified that Charboneau would have difficulty refraining from future sexually violent conduct as a result of his alcohol use disorder.
Plaud, who testified that Charboneau's alcohol use disorder did not satisfy the mental illness requirement under the statute, that it was not appropriate to assume Charboneau would engage in future sexually violent conduct if he experienced a relapse and that Charboneau, therefore, did not qualify as a sexually violent person under the AWCPSA.
For an inmate to be certified as a sexually dangerous person under the AWCPSA, the government must demonstrate by clear and convincing evidence that the individual has previously engaged or attempted to engage in sexually violent conduct or child molestation, that the individual currently suffers from a serious mental illness, abnormality or disorder, and that as a result of such condition, the individual would have serious difficulty refraining from sexually violent conduct or child molestation if released.