[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Rules and Regulations]
[Pages 23835-23836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09471]
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COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF
COLUMBIA
28 CFR Part 811
RIN 3225-AA10
Sex Offender Registration Amendments
AGENCY: Court Services and Offender Supervision Agency for the District
of Columbia.
ACTION: Final rule.
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SUMMARY: The Court Services and Offender Supervision Agency for the
District of Columbia (``CSOSA'') is amending its regulations which set
forth procedures and requirements relating to periodic verification of
registration information for sex offenders. Furthermore, the rule
permits CSOSA to verify addresses of sex offenders by conducting home
visits on its own accord and with its law enforcement partners. The
rule also clarifies the schedule for verifying home addresses, even for
those sex offenders who are required to register but are not under
CSOSA's supervision.
DATES: Effective April 23, 2013.
ADDRESSES: Office of the General Counsel, CSOSA, 633 Indiana Avenue
NW., Room 1380, Washington, DC 20004.
FOR FURTHER INFORMATION CONTACT: Rorey Smith, Deputy General Counsel,
[[Page 23836]]
(202) 220-5797, or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
CSOSA is responsible under the District of Columbia Sex Offender
Registration Act of 1999, D.C. Law 13-137, D.C. Official Code Sections
22-4001 et seq., for carrying out the sex offender registration
functions in the District of Columbia, including verification of
information maintained on sex offenders. In addition, the Sex Offender
Registration and Notification Act (SORNA), Title I of the Adam Walsh
Child Protection and Safety Act of 2006, (Pub. L. 109-248), provides a
comprehensive set of minimum standards for sex offender registration
and notification in the United States. SORNA is designed to strengthen
and increase the effectiveness of sex offender registration and
notification for the protection of the public and to reduce the risk
that sex offenders could evade registration requirements or the
consequences of registration violations.
On December 11, 2012, CSOSA published a proposed rule to amend part
811, Title 28 of the Code of the Federal Regulations, and it can be
found at 77 FR 73558. The proposed rule was published to allow CSOSA to
better meet the requirements of the District of Columbia Sex Offender
Registration Act of 1999 and SORNA. CSOSA now adopts the proposed rule
as a final rule without change.
II. Statutory Authority
The District of Columbia Sex Offender Registration Act of 1999
The District of Columbia Sex Offender Registration Act of 1999,
D.C. Law 13-137, D.C. Official Code Sections 22-4001 et seq., grants
CSOSA the authority to adopt and implement procedures and requirements
for verification of address information and other information required
for registration.
The Sex Offender Registration and Notification Act (SORNA)
The Sex Offender Registration and Notification Act (SORNA), Title I
of the Adam Walsh Child Protection and Safety Act of 2006, (Pub. L.
109-248), requires a sex offender to appear in person, allowing the
jurisdiction to take a current photograph and verify the information in
the sex offender registry on a scheduled frequency. Jurisdictions may
require verification of registration information with greater frequency
than that required by SORNA and may wish to include in their systems
additional means of verification for registration information, such as
mailing address verification forms to the registered residence address,
requesting that the sex offender to sign and return a verification
form, crosschecking information provided by the sex offender for
inclusion in the registry against other records systems, and verifying
home addresses through home visits.
Jurisdictions are required to notify appropriate law enforcement
agencies of failures by sex offenders to comply with registration
requirements, and such registration violations must be reflected in the
sex offender registry. SORNA requires that jurisdictions and the
appropriate law enforcement agencies take any appropriate action to
ensure compliance. Federal law enforcement resources, including those
of the United States Marshals Service, are permitted to assist
jurisdictions in locating and apprehending sex offenders who violate
registration requirements.
III. Matters of Regulatory Procedure
Executive Order 12866
CSOSA has determined that this rule is not a significant rule
within the meaning of Executive Order 12866.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Under Executive Order 13132, this rule does not
have sufficient federalism implications requiring a Federalism
Assessment.
Regulatory Flexibility Act
The rule will not have a significant economic impact upon a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 605(b).
Unfunded Mandates Reform Act of 1995
The rule will not cause State, local, or tribal governments, or the
private sector, to spend $100,000,000 or more in any one year, and it
will not significantly or uniquely affect small governments. No action
under the Unfunded Mandates Reform Act of 1995 is necessary.
Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle
E--Congressional Review Act)
This rule is not a ``major rule'' as defined by Section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996 Subtitle E--
Congressional Review Act), now codified at 5 U.S.C. 804(2). The rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on the ability of United States-based companies to compete with
foreign-based companies.
List of Subjects in 28 CFR Part 811
Probation and parole.
For the reasons set forth in the preamble, the Court Services and
Offender Supervision Agency for the District of Columbia amends 28 CFR
part 811 as follows:
PART 811--[AMENDED]
0
1. The authority citation for 28 CFR part 811 is revised to read as
follows:
Authority: DC ST sec. 24-133 and the District of Columbia Sex
Offender Registration Act of 1999, D.C. Law 13-137.
0
2. In Sec. 811.9, revise paragraph (c) and add paragraph (e) to read
as follows:
Sec. 811.9 Periodic verification of registration information.
* * * * *
(c) Quarterly or annually, as appropriate, CSOSA will send a
certified letter with return receipt requested to the home of the sex
offender.
* * * * *
(e) CSOSA, either on its own accord or with its law enforcement
partners, will conduct home verifications of registered sex offenders
pursuant to the following schedule:
(1) Semi-annually, at least every six months, for all registered
Class A sex offenders without supervision obligation.
(2) Annually, for all registered Class B sex offenders without a
supervision obligation.
(3) As directed by CSOSA and consistent with Agency policy for all
Class A and B sex offenders with supervision obligation.
May 28, 2013.
Dated: April 16, 2013.
Nancy M. Ware,
Director, CSOSA.
[FR Doc. 2013-09471 Filed 4-22-13; 8:45 am]
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