[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Proposed Rules]
[Pages 73558-73560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29636]


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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: Proposed rule.

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SUMMARY: The Court Services and Offender Supervision Agency for the 
District of Columbia (``CSOSA'') is issuing a proposed rule to amend 
its current rule that sets forth procedures and requirements relating 
to periodic verification of registration information for sex offenders. 
The proposed rule, if finalized, would permit CSOSA to verify addresses 
of sex offenders by conducting home visits on its own accord and with 
its law enforcement

[[Page 73559]]

partners. The proposed rule, if adopted, would also clarify the 
schedule for verifying home addresses, even for those sex offenders who 
are required to register but are not under CSOSA's supervision.

DATES: Submit comments on or before February 11, 2013. All comments, 
including attachments and other supporting materials, will be part of 
the public record and will be subject to public disclosure. Sensitive 
personal information such as social security numbers should not be 
included with your comments.

ADDRESSES: Submit comments to Office of the General Counsel, CSOSA, 633 
Indiana Avenue, NW., Room 1380, Washington, DC 20004.

FOR FURTHER INFORMATION CONTACT: Rorey Smith, Deputy General Counsel, 
(202) 220-5797, or [email protected]. Questions about this 
publication are welcome, but inquiries concerning individual cases 
cannot be answered over the telephone.

SUPPLEMENTARY INFORMATION:

I. Background

    CSOSA is responsible under the District of Columbia Sex Offender 
Registration Act of 1999, DC Law 13-137, DC 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. This amendment will allow 
CSOSA to better meet the requirements of the District of Columbia Sex 
Offender Registration Act of 1999 and SORNA.

II. Statutory Authority

The District of Columbia Sex Offender Registration Act of 1999

    The District of Columbia Sex Offender Registration Act of 1999, DC 
Law 13-137, DC 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. Request for Comments

    CSOSA invites comments to address its proposed rule amending its 
existing rule, permitting CSOSA to: (1) Verify addresses of sex 
offenders by conducting home visits on its own accord and with its law 
enforcement partners, and (2) clarify the schedule for verifying home 
addresses, even for those sex offenders who are required to register 
but are not under CSOSA's supervision.

IV. Matters of Regulatory Procedure

Executive Order 12866

    CSOSA has determined that this proposed 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 proposed 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 rules 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)

    These rules are not ``major rules'' 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 rules 
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. Moreover, these are rules of agency practice 
or procedure that do not substantially affect the rights or obligations 
of non-agency parties, and do not come within the meaning of the term 
``rule'' as used in Section 804(3)(C), now codified at 5 U.S.C. 
804(3)(C). Therefore, the reporting requirement of 5 U.S.C. 801 does 
not apply.

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 proposes to 
amend 28 CFR Part 811 as follows:

PART 811 [AMENDED]

    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, DC Law 13-137.

    2. In Sec.  811.9, revise paragraph (c) and add paragraph (e) to 
read as follows:

[[Page 73560]]

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.

    Dated: December 3, 2012
Nancy M. Ware,
Director, CSOSA.
[FR Doc. 2012-29636 Filed 12-10-12; 8:45 am]
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