[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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