(1) The court may make a deferred incapacitation order if

1.  a person is convicted of one of the offences in section 66(3) 1st sentence,

2.  the remaining criteria of section 66(3) are fulfilled, with the exception of the reference to section 66(1) 1st sentence No 4, and

3.  it is not sufficiently certain but probable that the criteria of section 66(1) 1st sentence No 4 are met.

(2) The court may also make a deferred order if

1.  a person is convicted to a term of imprisonment of no less than five years for at least one felony directed against life or limb, personal freedom, sexual self-determination, under Chapter Twenty-Eight or under sections 250, 251, also in conjunction with sections 252 or 255,

2.  the criteria of section 66b are not fulfilled and

3.  it is sufficiently certain or at least probable that the criteria of section 66(1) 1st sentence No 4 are met.

(3) The court shall decide on making an incapacitation order deferred under subsections (1) or (2) above no later than the date when the prisoner shall have served his sentence in full; this shall apply mutatis mutandis if the prisoner had been granted conditional early release and the remainder of the sentence is being enforced. The court shall make the order if a comprehensive evaluation of the prisoner, his offences and also his development until the date of the decision indicate that he is likely to commit serious offences resulting in serious emotional trauma or physical injury to the victims.

Footnote:

Section 66a in its previous form incompatible with the Basic Law (Article 100(1)) according to the operating part of the decision of the Federal Constitutional Court of 4 May 2011, Federal Law Gazette I p. 1003 (2 BvR 2365/09 et al.).