[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Notices]
[Pages 38310-38314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16195]


=======================================================================
-----------------------------------------------------------------------

COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF 
COLUMBIA


Privacy Act of 1974; Notice of Amended Systems of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), the Court Services and Offender Supervision Agency for the 
District of Columbia (CSOSA) gives notice of effective dates, 
nomenclature changes, minor amendments, and corrections for the systems 
of records which it had published in the Federal Register on March 15, 
2002 (67 FR 11816), for itself and for the Pretrial Services Agency, an 
independent entity within CSOSA.
    The nomenclature changes consist of replacing the phrase ``DC City 
Council'' with the phrase ``DC Council'' and using the broader term 
``community corrections'' as a replacement for phrases using the terms 
``probation'' and ``parole'' in various CSOSA systems of records.
    Systems of records CSOSA-9 through CSOSA-12 and CSOSA-14 through 
CSOSA-16 are being amended to incorporate a technically more correct 
description for the data element ``Categories of Individuals Covered by 
the System.'' These systems of records will now use the phrase 
``Individuals currently or formerly under Agency supervision.'' This 
phrase replaces various formulations using the term ``offender.'' These 
formulations would not cover an individual under supervision by virtue 
of a civil protection order. As a conforming change, other references 
in these systems of records to ``offenders'' are changed to 
``individuals.''
    CSOSA-9 is amended to include an additional routine use covering 
disclosures to law enforcement agencies for the purpose of assisting in 
the general crime prevention and detection efforts of the recipient 
agency or to provide investigative leads to such agency, to limit 
disclosure to courts to the extent necessary to accomplish assigned 
duties in any criminal matter, and to broaden the reference to legal 
authorities that prohibit release of information by replacing the 
phrase ``by 42 CFR part 2'' with the phrase ``by law or regulation.'' 
The broader reference to legal authorities is necessary to cover 
pertinent District of Columbia statutes governing confidentiality of 
HIV/AIDS and mental health records. CSOSA-15 and CSOSA-16 are also 
amended to broaden the reference to legal authorities that prohibit 
release of information.
    CSOSA-11 is amended to include three additional retrieval elements, 
an additional routine use covering disclosures to law enforcement 
agencies for the purpose of assisting in the general crime prevention 
and detection efforts of the recipient agency or to provide 
investigative leads to such agency, to replace the term ``client'' with 
the term ``individual,'' and to remove typographical errors.
    CSOSA-14 is removed and reserved. The information to be maintained 
under that system of record is now maintained under CSOSA-11.
    CSOSA-18 is amended to include an additional routine use covering 
disclosures to law enforcement agencies for the purpose of assisting in 
the general crime prevention and detection efforts of the recipient 
agency or to provide investigative leads to such agency. In addition to 
the various nomenclature changes noted above, CSOSA-18 is also amended 
to replace the phrase ``under CSOSA supervision'' with the phrase 
``listed on the Sex Offender Registry'' in paragraph A of the routine 
uses data element. Because an individual listed on the Sex Offender 
Registry is not necessarily under CSOSA supervision, it is more 
accurate to use the revised phrase.
    CSOSA/PSA-1, CSOSA/PSA-2, and CSOSA/PSA-6 are amended by adjusting 
the retention period to five years (rather than 20 years) after 
disposition of charges, by adding a routine use allowing disclosure in 
certain instances where PSA becomes aware of a violation or potential 
violation of civil or criminal law or regulation (the same routine use 
is being added to PSA-3 as discussed below), and by revising the 
routine use for providing information to courts, court personnel, 
prosecutors, defense attorneys, and certain others. This routine use is 
being revised to make it clear that the disclosure is being made to 
permit the recipient to accomplish his or her assigned duties in any 
criminal matter and to replace specific excluded information with a 
more general prescription (``* * * unless otherwise precluded by law or 
regulation''). The routine use for law enforcement agencies for these 
same three systems is being modified to clarify that disclosures may be 
made to criminal law enforcement agencies rather than to civil and 
criminal law enforcement agencies. CSOSA/PSA-1 is further amended by 
correcting the reference to ``attorney of record.'' CSOSA/PSA-6 is 
further amended by removing the phrase, ``Probation and Parole'' from 
the System Name and by removing redundancy from the description of the 
categories of individuals covered by the system.
    CSOSA/PSA-3 is amended by correcting a reference to the attorney of 
record, by amending the routine use for disclosures in paragraph B to 
make it clear that such disclosures are made to criminal law 
enforcement agencies rather than to civil or criminal law enforcement 
agencies, and by adding a new routine use permitting disclosure to the 
appropriate Federal, state, local, foreign, or other public authority 
responsible for investigating, prosecuting, enforcing or implementing a 
statute, rule, regulation, or order where PSA becomes aware of a 
violation or potential violation of civil or criminal law or 
regulation.
    In accordance with title 5 U.S.C. 552a(e)(4) and (11) CSOSA 
provided the public with a 30-day period in which to comment on the 
routine uses of a new system; the Office of Management and Budget 
(OMB), which has oversight responsibilities under the Act, was given a 
40-day period in which to review the system. No comment was received. 
The routines uses for the published systems of records accordingly 
became effective April 26, 2002.

[[Page 38311]]

    In accordance with Privacy Act requirements, CSOSA has provided a 
report on the amended systems to OMB and Congress.
    CSOSA will accept further comment on its systems of records as 
amended and corrected below by this document. Therefore, please submit 
any comment by July 28, 2003. The public, OMB and Congress are invited 
to send written comments to Renee Barley, FOIA Officer, Office of the 
General Counsel, Court Services and Offender Supervision Agency, 633 
Indiana Avenue, NW., Washington, DC 20004. The amended systems of 
records will be effective, as proposed, on August 6, 2003, unless CSOSA 
determines, upon review of the comments received, that changes should 
be made. In that event, CSOSA will publish a revised notice in the 
Federal Register.
    The specific nomenclature change, amendments, and corrections are 
given below.

CSOSA-1, CSOSA-2, and CSOSA-19

    1. Remove the phrase ``D.C. City Council'' every place it appears 
in CSOSA-1, CSOSA-2, and CSOSA-19 and add the phrase ``D.C. Council'' 
in its place.
    2. In CSOSA-9 make the following changes:
    a. In data element ``Routine Uses of Records Maintained, Including 
Categories of Users and the Purposes of Such Uses'':
    i. Remove the phrase ``D.C. City Council'' and the phrase ``a 
current or former offender'' in paragraph A and add the phrases ``D.C. 
Council'' and ``an individual currently or formerly'' in their 
respective places;
    ii. Remove the phrase ``by 42 CFR part 2'' every place it appears 
in paragraphs B through E, G, and H and add the phrase ``by law or 
regulation'' in its place;
    iii. Remove the word ``offenders'' in paragraph E and add the word 
``individuals'' in its place;
    iv. Revise paragraph F as set forth below;
    v. Remove the word ``offender's'' in paragraph G and add the word 
``individual's'' in its place;
    vi. Add a new paragraph I as set out below.
    b. Revise data element ``Categories of Individuals Covered by the 
System'' as set out below.
    c. In data element ``Retrievability'' remove the word ``offender'' 
and add the word ``individual'' in its place.
    d. In data element ``Retention and Disposal'' remove the words 
``parole and/or probation''.
    e. In data element ``Record Source Categories'' remove the word 
``Offender'' and the phrase ``probation agencies'' and add the words 
``Individual under CSOSA supervision'' and the phrase ``community 
corrections entities'' in their respective places.
CSOSA-9
* * * * *

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals currently or formerly under Agency supervision.
* * * * *

ROUTINE USES OF RECORDS MAINTAINED, INCLUDING CATEGORIES OF USERS AND 
THE PURPOSES OF SUCH USES:
* * * * *
    F. To provide information relating to individuals under CSOSA 
supervision to Federal, local and state courts, court personnel and 
community corrections officials to the extent necessary to permit them 
to accomplish their assigned duties in any criminal matter unless 
prohibited by law or statute.
* * * * *
    I. A record may be disseminated to a Federal, state, local, 
foreign, or international law enforcement agency to assist in the 
general crime prevention and detection efforts of the recipient agency 
or to provide investigative leads to such agency.
* * * * *
    3. In CSOSA-10 make the following changes:
    a. In data element ``Routine Uses of Records Maintained, Including 
Categories of Users and the Purposes of Such Uses'':
    i. Remove the phrase ``D.C. City Council'' and the phrase ``a 
current and/or former offender, supervised by CSOSA'' in paragraph A 
and add the phrases ``D.C. Council'' and ``an individual currently or 
formerly under CSOSA supervision'' in their respective places;
    ii. Remove the word ``offenders'' in paragraph E and add the word 
``individuals'' in its place;
    iii. Remove the phrase ``probation officials'' in paragraph F and 
add the phrase ``community corrections officials'' in its place.
    b. Revise data element ``Categories of Individuals Covered by the 
System'' to read as set forth below.
    c. In data element ``Retention and Disposal'' remove the words 
``parole and/or probation''.
    d. In data element ``Record Source Categories'' remove the word 
``Offender'' and the phrase ``probation agencies'' and add the words 
``Individual under CSOSA supervision'' and the phrase ``community 
corrections entities'' in their respective places.
CSOSA-10
* * * * *

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals currently or formerly under Agency supervision.
* * * * *
    4. In CSOSA-11, make the following changes:
    a. In data element ``Authority for Maintenance of the System,'' 
revise the words ``to USPC'' to read ``the USPC''.
    b. In data element ``Routine Uses of Records Maintained, Including 
Categories of Users and the Purposes of Such Uses'':
    i. Remove the word ``offender'' in paragraph A and add in its place 
the word ``individual'';
    ii. redesignate paragraphs E through G as paragraphs G through I;
    iii. add new paragraphs E and F to read as set forth below;
    iv. Remove the words ``on parole, probation, or supervised 
release'' from newly designated paragraph G and add the words ``under 
supervision'' in their place;
    v. Remove the word ``offenders'' from newly designated paragraph H 
and add the word ``individuals'' in its place.
    c. Revise the data elements ``Categories of Individuals Covered by 
the System'' and ``Retrievability'' to read as set forth below.
    d. In data element ``Categories of Records in the System'' remove 
the words ``client'' and ``client's'' from items 1, 2, 3, 4, 5, 16, 22, 
28, 29, 30, and 31, and add in their respective places the word 
``individual'' or ``individual's'; in item 23, remove the words 
``parolee/probationer'' and add the word ``individual'' in their place; 
in item 28, remove the words ``parole/probation'' and add the words 
``community corrections'' in their place.
    e. In data element ``Purpose(s)'' remove the words ``compliance 
with conditions of release of parolees, probationers, and supervised 
releasees,'' and add in their place the words ``individual's compliance 
with the conditions of supervision,''.
    f. In data element ``Record Source Categories'' remove the word 
``Offender'' and the phrase ``probation services'' and add the words 
``Individual under CSOSA supervision'' and the phrase ``community 
corrections entities'' in their respective places.
CSOSA-11
* * * * *


[[Page 38312]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals currently or formerly under Agency supervision.
* * * * *

ROUTINE USES OF RECORDS MAINTAINED, INCLUDING CATEGORIES OF USERS AND 
THE PURPOSES OF SUCH USES:
* * * * *
    E. A record may be disseminated to a Federal, state, local, 
foreign, or international law enforcement agency to assist in the 
general crime prevention and detection efforts of the recipient agency 
or to provide investigative leads to such agency.
    F. To provide information relating to individuals under Agency 
supervision to Federal, local and state courts, court personnel and 
community corrections officials to the extent necessary to permit them 
to accomplish their assigned duties in any criminal matter unless 
prohibited by law or statute.
* * * * *

RETRIEVABILITY:
    Agency staff may retrieve information by individual identifiers 
such as name, CSOSA number, DCDC number, PDID number, Social Security 
Number, Superior Court number, FBI number, Interstate Compact number, 
and Police Service Area number, or in combination with search queries 
on other identification data record fields.
    Other routine users may retrieve information by individual 
identifiers such as name, CSOSA number, DCDC number, PDID number, 
Social Security Number, Superior Court number, FBI number, Interstate 
Compact number, and Police Service Area number.
* * * * *
    5. In CSOSA-12 make the following changes:
    a. In data element ``Routine Uses of Records Maintained, Including 
Categories of Users and the Purposes of Such Uses'':
    i. Remove the phrases ``DC City Council'' and ``a current or former 
offender'' in paragraph A and add the phrase ``DC Council'' and the 
phrase ``an individual currently or formerly'' in their respective 
places;
    ii. Remove the word ``offenders'' in paragraph E and add the word 
``individuals'' in its place;
    iii. Remove the phrases ``DC offenders'' and ``probation 
officials'' in paragraph F and add the phrase ``individuals under CSOSA 
supervision'' and the phrase ``community corrections officials'' in 
their respective places.
    b. Revise data element ``Categories of Individuals Covered by the 
System'' to read as set forth below.
    c. In data element ``Record Source Categories'' remove the word 
``Offender'' and add the phrase ``Individual under Agency supervision'' 
in its place.
CSOSA-12
* * * * *

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals currently or formerly under Agency supervision.
* * * * *
    6. In CSOSA-13 in data element ``Routine Uses of Records Maintained 
in the System * * *'', in paragraph A remove the phrases ``DC City 
Council'' and ``offender (current and/or former)'' and add the phrase 
``DC Council'' and the phrase ``individual currently or formerly'' in 
their respective places.
    7. Remove and reserve CSOSA-14.
    8. In CSOSA-15, make the following changes:
    a. In data element ``Purpose(s)'' remove the word ``offenders'' and 
add the word ``individual'' in its place.
    b. In data element ``Routine Uses of Records Maintained in the 
System, Including Categories of Users and the Purposes of Such Use'':
    i. Remove the phrases ``DC City Council'' and ``a current or former 
offender'' in paragraph A and add the phrase ``DC Council'' and the 
phrase ``an individual'' in their respective places;
    ii. Remove the phrase ``by 42 CFR part 2'' every place it appears 
in paragraphs B through H and add the phrase ``by law or regulation'' 
in its place;
    iii. In paragraph E, remove the word ``offenders'' and add the word 
``individuals'' in its place;
    iv. In paragraph F, remove the word ``defendants'' and add the 
phrase ``individuals under CSOSA supervision'' in its place and remove 
the phrase ``probation officials'' and add the phrase ``community 
corrections officials'' in its place.
    c. In data element ``Record Source Categories'' remove the word 
``Offender'' and add the phrase ``Individual under Agency supervision'' 
in its place.
    d. Revise data element ``Categories of Individuals Covered by the 
System'' to read as follows:
CSOSA-15
* * * * *

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals currently or formerly under Agency supervision.
* * * * *
    9. In CSOSA-16 make the following changes:
    a. In data element ``Routine Uses of Records Maintained in the 
System, Including Categories of Users and the Purposes of Such Use'':
    i. Remove the phrases ``DC City Council'' and ``a current or former 
offender'' in paragraph A and add the phrase ``DC Council'' and the 
phrase ``an individual under Agency supervision'' in their respective 
places;
    ii. Remove the phrase ``by 42 CFR part 2'' every place it appears 
in paragraphs B through H and add the phrase ``by law or regulation'' 
in its place;
    iii. In paragraph E remove the word ``offenders'' and add the word 
``individuals'' in its place;
    iv. In paragraph F remove the phrases ``DC offenders'' and 
``probation officials'' and add the phrase ``individuals under Agency 
supervision'' and the phrase ``community corrections officials'' in 
their respective places.
    b. Revise the data elements ``Categories of Individuals Covered by 
the System'' and ``Retrievability'' to read as set forth below.
    c. In data element ``Record Source Categories'' remove the word 
``Offender'' and the phrase ``probation services'' and add the phrase 
``Individual under Agency supervision'' and the phrase ``community 
corrections entities'' in their respective places.
CSOSA-16
* * * * *

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals currently or formerly under Agency supervision.
* * * * *

RETRIEVABILITY:
    Information can be retrieved by the name of the individual and the 
DCDC or PDID assigned to the individual.
* * * * *
    10. In CSOSA-17 make the following changes in data element 
``Routine Uses of Records Maintained in the System, Including 
Categories of Users and the Purposes of Such Use'':
    a. Remove the phrase ``DC City Council'' in paragraph E and add the 
phrase ``DC Council'' in its place;
    b. In paragraph G remove the phrase ``probation officials'' and add 
the phrase ``community corrections officials'' in its place.

[[Page 38313]]

    11. In CSOSA-18 make the following changes:
    a. In data element ``Routine Uses of Records Maintained in the 
System, Including Categories of Users and the Purposes of Such Use'':
    i. Remove the phrases ``DC City Council'' and ``under CSOSA 
supervision'' in paragraph A and add the phrase ``DC Council'' and the 
phrase ``listed on the Sex Offender Registry'' in their respective 
places;
    ii. In paragraph F remove the phrases ``DC defendant'' and ``parole 
and/or probation'' and add the word ``offender'' and the words 
``community corrections'' in their respective places;
    iii. Redesignate paragraph H as paragraph I, and add a new 
paragraph H to read as set forth below.
    b. In data element ``Record Source Categories'' remove the phrase 
``parole or probation services'' and add the phrase ``community 
corrections entities'' in its place.
CSOSA-18
* * * * *

ROUTINE USES OF RECORDS MAINTAINED, INCLUDING CATEGORIES OF USERS AND 
THE PURPOSES OF SUCH USES:
* * * * *
    H. A record may be disseminated to a Federal, state, local, 
foreign, or international law enforcement agency to assist in the 
general crime prevention and detection efforts of the recipient agency 
or to provide investigative leads to such agency.
* * * * *
    12. In CSOSA/PSA-1, make the following changes:
    a. In data element ``Routine Uses of Records Maintained, Including 
Categories of Users and the Purposes of Such Uses'':
    i. Remove the phrase ``civil or'' from paragraph B;
    ii. Redesignate paragraphs C through F as paragraphs D through G;
    iii. Add a new paragraph C to read as set forth below;
    iv. Revise newly designated paragraph D as set forth below;
    v. In newly designated paragraph F, revise the phrase ``attorney on 
record'' to read ``attorney of record''.
    b. Revise the data element ``Retention and Disposal'' to read as 
set forth below.
CSOSA/PSA-1
* * * * *

ROUTINE USES OF RECORDS MAINTAINED, INCLUDING CATEGORIES OF USERS AND 
THE PURPOSES OF SUCH USES:
* * * * *
    C. Information may be disclosed to the appropriate Federal, state, 
local, foreign or other public authority responsible for investigating, 
prosecuting, enforcing or implementing a statute, rule, regulation, or 
order where PSA becomes aware of a violation or potential violation of 
civil or criminal law or regulation.
    D. To provide information relating to DC defendants to Federal, 
local and state courts, court personnel, prosecutors, defense 
attorneys, corrections, probation, parole, and other pretrial officials 
to the extent necessary to permit them to accomplish their assigned 
duties in any criminal matter, unless otherwise prohibited by law or 
regulation.
* * * * *

RETENTION AND DISPOSAL:
    Information will be retained for 5 years after disposition of 
charge(s).
* * * * *
    13. In CSOSA/PSA-2, make the following changes:
    a. In data element ``Routine Uses of Records Maintained, Including 
Categories of Users and the Purposes of Such Uses'':
    i. Remove the phrase ``civil or'' from paragraph B;
    ii. Redesignate paragraphs C through F as paragraphs D through G;
    iii. Add a new paragraph C to read as set forth below;
    iv. Revise newly designated paragraph D as set forth below.
    b. Revise the data element ``Retention and Disposal'' to read as 
set forth below.
CSOSA/PSA-2
* * * * *

ROUTINE USES OF RECORDS MAINTAINED, INCLUDING CATEGORIES OF USERS AND 
THE PURPOSES OF SUCH USES:
* * * * *
    C. Information may be disclosed to the appropriate Federal, state, 
local, foreign or other public authority responsible for investigating, 
prosecuting, enforcing or implementing a statute, rule, regulation, or 
order where PSA becomes aware of a violation or potential violation of 
civil or criminal law or regulation.
    D. To provide information relating to DC defendants and offenders 
to Federal, local and state courts, court personnel, prosecutors, 
defense attorneys, corrections, probation, parole, and other pretrial 
officials to the extent necessary to permit them to accomplish their 
assigned duties in any criminal matter, unless otherwise prohibited by 
law or regulation.
* * * * *

RETENTION AND DISPOSAL:
    Information will be retained for 5 years after disposition of 
charge(s).
* * * * *
    14. In CSOSA/PSA-3, in data element ``Routine Uses of Records 
Maintained, Including Categories of Users and the Purposes of Such 
Uses'':
    a. Remove the phrase ``civil or'' from paragraph B;
    b. Redesignate paragraphs C through F as paragraphs D through G;
    c. Add a new paragraph C to read as set forth below;
    d. In newly designated paragraph F, revise the phrase ``attorney on 
record'' to read ``attorney of record''.
CSOSA/PSA-3
* * * * *

ROUTINE USES OF RECORDS MAINTAINED, INCLUDING CATEGORIES OF USERS AND 
THE PURPOSES OF SUCH USES:
* * * * *
    C. Information may be disclosed to the appropriate Federal, state, 
local, foreign or other public authority responsible for investigating, 
prosecuting, enforcing or implementing a statute, rule, regulation, or 
order where PSA becomes aware of a violation or potential violation of 
civil or criminal law or regulation.
* * * * *
    15. In CSOSA/PSA-6, make the following changes:
    a. Revise data element ``System Name'' to read as set forth below.
    b. Revise data element ``Categories of Individuals Covered by the 
System'' to read as set forth below.
    c. In data element ``Routine Uses of Records Maintained, Including 
Categories of Users and the Purposes of Such Uses'':
    i. Remove the phrase ``civil or'' from paragraph B;
    ii. Redesignate paragraphs C through F as paragraphs D through G;
    iii. Add a new paragraph C to read as set forth below;
    iv. Revise newly designated paragraph D as set forth below.
    d. Revise the data element ``Retention and Disposal'' to read as 
set forth below.
CSOSA/PSA-6

SYSTEM NAME:
    Pretrial Realtime Information Systems Manager (PRISM).
* * * * *

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Defendants charged with Federal and local misdemeanor and felony 
charges,

[[Page 38314]]

municipal violations and traffic offenses in the District of Columbia.
* * * * *

ROUTINE USES OF RECORDS MAINTAINED, INCLUDING CATEGORIES OF USERS AND 
THE PURPOSES OF SUCH USES:
* * * * *
    C. Information may be disclosed to the appropriate Federal, state, 
local, foreign or other public authority responsible for investigating, 
prosecuting, enforcing or implementing a statute, rule, regulation, or 
order where PSA becomes aware of a violation or potential violation of 
civil or criminal law or regulation.
    D. To provide information relating to DC defendants and offenders 
to Federal, local and state courts, court personnel, prosecutors, 
defense attorneys, corrections, probation, parole, and other pretrial 
officials to the extent necessary to permit them to accomplish their 
assigned duties in any criminal matter, unless otherwise prohibited by 
law or regulation.
* * * * *

RETENTION AND DISPOSAL:
    Information will be retained for 5 years after disposition of 
charge(s).
* * * * *

    Dated: June 20, 2003.
Paul A. Quander, Jr.,
Director, Court Services and Offender Supervision Agency.
[FR Doc. 03-16195 Filed 6-26-03; 8:45 am]
BILLING CODE 3129-01-P