[Federal Register: August 21, 2002 (Volume 67, Number 162)]
[Rules and Regulations]               
[Page 54093-54098]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au02-5]                         

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COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF 
COLUMBIA

28 CFR Part 811

[CSOSA-0005-I]
RIN 3225-AA03

 
District of Columbia Sex Offender Registration

AGENCY: Court Services and Offender Supervision Agency for the District 
of Columbia.

ACTION: Interim Rule.

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SUMMARY: The Court Services and Offender Supervision Agency for the 
District of Columbia (``CSOSA'') is issuing interim regulations that 
set forth procedures and requirements relating to the registration of 
sex offenders, verification of the information maintained on sex 
offenders, and reporting of changes in that information. These 
regulations carry out responsibilities of CSOSA under federal and 
District of Columbia law.

DATES: Effective August 21, 2002; comments must be submitted by October 
21, 2002; incorporation by reference of publications listed in the 
regulation is approved by the Director of the Federal Register as of 
August 21, 2002.

ADDRESSES: Office of the General Counsel, CSOSA, Room 1253, 633 Indiana 
Avenue, NW., Washington, DC 20004.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Records Manager 
(telephone (202) 220-5359; e-mail roy.nanovic@csosa.gov).

SUPPLEMENTARY INFORMATION: The Court Services and Offender Supervision 
Agency for the District Of Columbia (``CSOSA'') is adopting interim 
regulations on the registration of sex offenders (28 CFR part 811).
    Under the Sex Offender Registration Act of 1999 (``SORA'' or 
``Act'', D.C. Law 13-137, D.C. Official Code sections 22-4001 et seq.), 
and section 166(a) of the Consolidated Appropriations Act, 2000 (Pub. 
L. 106-113 section 166(a), 113 Stat. 1530; D.C. Official Code section 
24-133(c)(5)), CSOSA is responsible for carrying out sex offender 
registration functions in the District of Columbia, including 
maintaining and operating the sex offender registry. The sex offender 
registry contains information about sex offenders who live, reside, 
work, or attend school in the District of Columbia. Information about 
sex offenders and photographs, fingerprints, and supporting documents 
are provided by CSOSA to the Metropolitan Police Department, which is 
responsible for disclosing information about registered sex offenders 
to the public in conformity with District of Columbia laws and 
regulations. Appropriate information is also transmitted to the FBI, 
which operates the National Sex Offender Registry, and to sex offender 
registration authorities in other jurisdictions. This system is 
designed to further public safety by facilitating effective law 
enforcement, enabling members of the public to take lawful measures to 
protect themselves and their families, and reducing offenders' exposure 
to temptation to commit more crimes.
    CSOSA is adopting these interim regulations, which exercise and 
implement powers and authorities of CSOSA under existing Federal and 
District of Columbia laws and District of Columbia regulations, in 
order to fully

[[Page 54094]]

effectuate the registration system and inform sex offenders and other 
members of the public of the requirements for registration. These 
regulations adopt and incorporate related regulations promulgated by 
the District of Columbia government, 6A DCMR sections 400 et seq.; 
include a statement of applicability; identify laws which provide for 
official notice to sex offenders concerning their obligation to 
register, but make it clear that lack of notice does not excuse a 
failure to register; discuss facts on which a determination of a 
person's obligation to register, the length of registration, and the 
notification classification may be based; authorize suspension of 
registration requirements during any period in which a sex offender is 
detained, incarcerated, confined, civilly committed, or hospitalized in 
a secure facility; set forth the duration of registration and the 
method for calculating a ten-year registration period; detail the 
obligations of sex offenders and CSOSA for initial registration; 
describe what a person must do to obtain judicial review of a 
determination that the person must register, or of a determination of 
the person's classification for purposes of registration or 
notification; detail the procedures and time limits for verification 
and reporting changes in registration information; provide alternatives 
for sex offenders who cannot comply with the time limits; describe the 
penalties for failing to comply with the Sex Offender Registration Act 
of 1999 or any procedures, requirements, rules, or regulations 
promulgated under the Act; and notify sex offenders where they are to 
direct information in writing or to appear in person.

Matters of Regulatory Procedure

Administrative Procedure Act

    The implementation of these regulations as interim regulations, 
with provision for post-promulgation public comments, is based on the 
``good cause'' exceptions found at 5 U.S.C. 553(b)(3)(B) and (d)(3). 
The regulations implement, in part, section 166(a) of the Consolidated 
Appropriations Act, 2000 (Pub. L. 106-113 section 166(a), 113 Stat. 
1530; D.C. Official Code section 24-133(c)(5)), which directs CSOSA to 
carry out sex offender registration functions in the District of 
Columbia, and various provisions of District of Columbia law and 
regulations, including sections 3, 8, 9 and 10 of the Sex Offender 
Registration Act of 1999 (D.C. Official Code section 22-4002, 4007, 
4008 & 4009) and 6A DCMR sections 405.1, 409.1, 409.2, 410.1, which 
grant CSOSA the authority to make certain decisions and to adopt 
procedures and requirements relating to sex offender registration in 
the District of Columbia.
    As stated in the report of the District of Columbia Council's 
Judiciary Committee for the District's Sex Offender Registration Act, 
``[a] sex offender registration and notification program, if 
appropriately designed and effectively implemented, can promote public 
safety in at least three ways: by facilitating effective law 
enforcement; by enabling members of the public to take direct measures 
of a lawful nature for the protection of themselves and their families; 
and by reducing registered offenders' exposure to temptation to commit 
more offenses.'' Committee on the Judiciary, Report on Bill 13-250, The 
Sex Offender Registration Act of 1999, at 3 (Nov. 15, 1999). Given the 
importance of having accurate, complete, and up-to-date information 
about sex offenders available to both law enforcement officials and to 
the public, and the fact that the formulation of implementing 
regulations closely follows the statutory framework and existing 
District of Columbia regulations, it is impracticable and unnecessary 
to adopt this rule with the prior notice and comment period normally 
required under 5 U.S.C. 553(b) or with the delayed effective date 
normally required under 5 U.S.C. 553(d). Moreover, as noted, the 
collection of sex offender registration information and its release to 
law enforcement and other agencies and the public pursuant to the Sex 
Offender Registration Act of 1999 furthers important public safety 
interests by facilitating the solution and prevention of crime by law 
enforcement, enabling lawful community self-protection measures, and 
reducing the temptation for recidivism. Delay in the full 
implementation of the law--including the ability to prosecute and take 
other actions in relation to sex offenders who fail to comply with its 
requirements--would thwart or delay the realization of these public 
safety benefits. Therefore, it would be contrary to the public interest 
to adopt these regulations with the prior notice and comment period 
normally required under 5 U.S.C. 553(b) or with the delayed effective 
date normally required under 5 U.S.C. 553(d).
    For the foregoing reasons, CSOSA is issuing these regulations 
without any delay in their effectiveness as an interim rule and without 
a prior notice of proposed rulemaking. Any interested person, however, 
who wishes to submit comments on the interim rule may do so by writing 
or e-mailing the agency at the addresses given above in the ADDRESSES 
and FOR FURTHER INFORMATION CONTACT captions. CSOSA will consider 
comments received during the comment period before taking final action 
on the interim rule. Comments received after the expiration of the 
comment period will be considered to the extent practicable. All 
comments received remain on file for public inspection at the above 
address.

Executive Order 12866

    This rule has been determined to be significant under Executive 
Order 12866 and has been reviewed by the Office of Management and 
Budget (OMB).

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. Therefore, in accordance with Executive Order 
13132, the Director of CSOSA has determined that this rule does not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Regulatory Flexibility Act

    The Director of CSOSA, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this rule and by 
approving it certifies that this rule will not have a significant 
economic impact upon a substantial number of small entities. This rule 
pertains to agency management, and its economic impact is limited to 
the agency's appropriated funds.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, the Director of CSOSA has 
determined that no actions are necessary under the provisions of the 
Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This 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 competition, employment, investment,

[[Page 54095]]

productivity, innovation, or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

Plain Language Instructions

    If you have suggestions on how to improve the clarity of these 
regulations, write, e-mail, or call the Records Manager (Roy Nanovic) 
at the address or telephone number given above in the ADDRESSES and FOR 
FURTHER INFORMATION CONTACT captions.

List of Subjects in 28 CFR Part 811

    Incorporation by Reference; Probation and Parole.

Paul A. Quander, Jr.,
Director.

    Accordingly, we amend chapter VIII, Title 28 of the Code of Federal 
Regulations by adding a new Part 811 as set forth below.

PART 811--SEX OFFENDER REGISTRATION

Sec.
811.1   Purpose and scope; relation to District of Columbia 
regulations.
811.2   Applicability.
811.3   Notice of obligation to register.
811.4   Determination of the obligation to register and the length 
of registration.
811.5   Commencement of the obligation to register.
811.6   Duration of the obligation to register.
811.7   Initial registration.
811.8   Review of determination to register.
811.9   Periodic verification of registration information.
811.10   Changes in registration information.
811.11   Compliance.
811.12   Penalties.
811.13   Notices and appearances.
811.14   Definitions.
Appendix A to Part 811--Listing of Sex Offender Registration 
Offenses by Class

    Authority: 5 U.S.C. 301; Pub. L. 105-33, 111 Stat. 251; Pub. L. 
106-113, sec. 166(a), 113 Stat. 1530


Sec. 811.1  Purpose and scope; relation to District of Columbia 
regulations.

    (a) In accordance with its sex offender registration functions 
authorized by section 166(a) of the Consolidated Appropriations Act, 
2000 (Pub. L. 106-113, sec. 166(a), 113 Stat. 1530; D.C. Official Code 
secs. 24-133(c)(5)) and as further authorized by the Sex Offender 
Registration Act of 1999 (``the Act,'' D.C. Law 13-137, D.C. Official 
Code, secs. 22-4001 et seq.), the Court Services and Offender 
Supervision Agency for the District of Columbia (``CSOSA'') operates 
and maintains the sex offender registry for the District of Columbia. 
The regulations in this part set forth procedures and requirements 
relating to registration, verification, and changes in information for 
sex offenders who live, reside, work, or attend school in the District 
of Columbia.
    (b) Chapter 4 of Title 6A, District of Columbia Municipal 
Regulations (DCMR)(47 D.C. Reg. 10042, December 22, 2000), contains 
regulations issued by the government of the District of Columbia for 
the sex offender registration system in the District of Columbia 
(``District of Columbia regulations''). Chapter 4 of Title 6A, DCMR (47 
D.C. Reg. 10042, December 22, 2000) is incorporated by reference in 
this part with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Chapter 4 of Title 
6A, DCMR, is available for inspection at the Office of the Federal 
Register, 800 N. Capitol Street, NW., Suite 700, Washington, DC. Copies 
of Chapter 4 of Title 6A, DCMR, may be obtained from the District of 
Columbia's Office of Documents and Administrative Issuances, 441 4th 
Street, NW., Room 520S, Washington, DC 20001. CSOSA hereby adopts all 
powers and authorities that the District of Columbia regulations 
authorize CSOSA to exercise, and hereby adopts all procedures and 
requirements that the District of Columbia regulations state that CSOSA 
shall adopt or carry out, including but not limited to all such powers, 
authorities, procedures and requirements relating to registration, 
verification, and changes in information.


Sec. 811.2  Applicability.

    (a) Sex offender registration requirements apply to all persons who 
live, reside, work, or attend school in the District of Columbia, and 
who:
    (1) committed a registration offense on or after July 11, 2000;
    (2) committed a registration offense at any time and were in 
custody or under supervision on or after July 11, 2000;
    (3) were required to register under the law of the District of 
Columbia as was in effect on July 10, 2000; or
    (4) committed a registration offense at any time in another 
jurisdiction and, within the registration period (see Secs. 811.5 and 
811.6), entered the District of Columbia to live, reside, work or 
attend school.
    (b) ``Committed a registration offense'' means that a person was 
found guilty or found not guilty by reason of insanity of a 
registration offense or was determined to be a sexual psychopath. 
Registration offenses are defined in section 2(8) of the Sex Offender 
Registration Act of 1999 (D.C. Official Code Sec. 22-4001(8)), subject 
to the exceptions in section 17(b) of that Act (D.C. Official Code 
section 22-4016), and are listed descriptively in the Appendix to Part 
811 (which also provides information on registration and notification 
classes). Any future revision to the statutory provisions designating 
registration offenses will be effective notwithstanding the timing of 
any conforming revision of these regulations, including the Appendix.


Sec. 811.3  Notice of obligation to register.

    (a) Sex offenders may be notified of their obligation to register 
under various provisions of law. See sections 4, 6 and 8 of the Sex 
Offender Registration Act of 1999 (D.C. Official Code sections 22-4003, 
4005, 4007) (relating to notice by the District of Columbia Superior 
Court, Department of Corrections, or CSOSA); 18 U.S.C. 4042(c) 
(relating to notice by Federal Bureau of Prisons and probation 
offices); 18 U.S.C. 3563(a)(8), 3583(d), 4209(a) (inclusion of 
registration requirements as conditions of release under federal law); 
42 U.S.C. 14071(b)(1) (notice under federal law standards for state sex 
offender registration programs).
    (b) In some cases, sex offenders may not be notified of their 
obligation to register. Lack of notice does not excuse a failure to 
register because sex offenders have an independent obligation to 
register. Persons who have been convicted or found not guilty by reason 
of insanity of a sex offense or who have been determined to be a sexual 
psychopath should report to CSOSA in order to ascertain whether they 
are required to register.


Sec. 811.4  Determination of the obligation to register and the length 
of registration.

    (a) If the Superior Court finds that a person committed a 
registration offense, the Superior Court enters an order certifying 
that the person is a sex offender and that the person is subject to 
registration for a prescribed period of time (see Sec. 811.6).
    (b) If a court order has not been entered certifying that a person 
is a sex offender and that the person is subject to registration for a 
prescribed period of time, CSOSA makes those determinations. CSOSA also 
determines the notification classification if the Court has not done 
so. Facts on which CSOSA's determination may be based include:
    (1) The offense or offenses of conviction (or finding of not guilty 
by reason of insanity) or a determination that the person is a sexual 
psychopath;
    (2) For certain offenses, facts that may not be apparent on the 
face of the

[[Page 54096]]

conviction (or finding of not guilty by reason of insanity), such as:
    (i) the age of the victim;
    (ii) whether force was involved; or
    (iii) whether the offense involved an undercover law enforcement 
officer who was believed to be an adult;
    (3) Prior criminal history;
    (4) For an offense committed in or prosecuted under the law of 
another jurisdiction, whether the offense involved conduct that was the 
same as or substantially similar to a District of Columbia registration 
offense; and
    (5) The amount of time that has elapsed as computed under 
Sec. 811.6.


Sec. 811.5  Commencement of the obligation to register.

    (a) A sex offender's obligation to register starts when the sex 
offender is found guilty or not guilty by reason of insanity of a 
registration offense or is determined to be a sexual psychopath. 
However, CSOSA may suspend registration requirements during any period 
of time in which a sex offender is detained, incarcerated, confined, 
civilly committed, or hospitalized in a secure facility.
    (b) A sex offender must register if the sex offender is placed on 
probation, parole, supervised release, or convalescent leave, is 
conditionally or unconditionally released from a secure facility, is 
granted unaccompanied grounds privileges or other unaccompanied leave, 
absconds or escapes, is otherwise not detained, incarcerated, confined, 
civilly committed, or hospitalized in a secure facility, or enters the 
District of Columbia from another jurisdiction to live, reside, work, 
or attend school. Registration shall be effectuated as provided in 
Sec. 811.7 and may be carried out prior to the occurrence of a 
circumstance described in this paragraph, including the release of or 
granting of leave to a sex offender.


Sec. 811.6  Duration of the obligation to register.

    (a) Lifetime registration. The registration period for a sex 
offender who is required to register for life shall end upon the sex 
offender's death.
    (b) Term of years registration. (1) The registration period for any 
other sex offender shall end upon the expiration of the sex offender's 
probation, parole, supervised release, conditional release, or 
convalescent leave, or ten years after the sex offender is placed on 
probation, parole, supervised release, conditional release, or 
convalescent leave, or is unconditionally released from a correctional 
facility, prison, hospital or other place of confinement, whichever is 
latest.
    (2) In computing ten years, CSOSA will not count:
    (i) Any time in which the sex offender has failed to register or 
otherwise failed to comply with requirements of the Act or any 
procedures, requirements, rules, or regulations promulgated under the 
Act, including these regulations and the District of Columbia 
regulations;
    (ii) Any time in which a sex offender is detained, incarcerated, 
confined, civilly committed, or hospitalized in a mental health 
facility; and
    (iii) Any time in which a sex offender was registered prior to a 
revocation of probation, parole, supervised release, conditional 
release, or convalescent leave.
    (3) In computing ten years, CSOSA will count any time in which a 
sex offender was registered in another jurisdiction unless that time is 
not counted because of a circumstance set forth in paragraph (b)(2) of 
this section.
    (c) Reversal, vacation, or pardon. A person's obligation to 
register terminates if the person's conviction, finding of not guilty 
by reason of insanity, or finding that the person is a sexual 
psychopath is reversed or vacated, or if the person has been pardoned 
for the offense on the ground of innocence, and the person has 
committed no other offenses for which registration is required.
    (d) Termination of obligation to register in the District of 
Columbia under other circumstances. A sex offender's obligation to 
register in the District of Columbia terminates if the sex offender no 
longer lives, resides, works or attends school in the District of 
Columbia. However, the obligation to register in the District of 
Columbia resumes if the sex offender re-enters the District of Columbia 
within the registration period to live, reside, work or attend school.


Sec. 811.7  Initial registration.

    (a) Duties of sex offender. (1) A sex offender must notify CSOSA 
within 3 days of the occurrence of any circumstance described in 
Sec. 811.5(b), including but not limited to being sentenced to 
probation, being released (including any escape or abscondance) from 
incarceration or confinement, or entering the District of Columbia to 
live, reside, work, or attend school.
    (2) A sex offender must meet with a responsible officer or 
official, as directed by CSOSA, for the purpose of registration, and 
must cooperate in such a meeting, including:
    (i) Providing any information required for registration and 
cooperating in photographing and fingerprinting;
    (ii) Reviewing information obtained by CSOSA pursuant to paragraph 
(b) of this section as CSOSA directs and either attesting to its 
accuracy or setting forth in writing, under penalties of perjury, the 
exact portion or portions that are not accurate; and
    (iii) Acknowledging receipt of information concerning the sex 
offender's duties under the Act, including reading (or, if the sex 
offender cannot read, listening to a reading of) and signing a form or 
forms stating that these duties have been explained to the sex 
offender.
    (3) In case of disagreement with CSOSA's determination that the 
person must register or with CSOSA's determination of the person's 
classification for purposes of registration or notification, the person 
must follow the review procedures set forth in Sec. 811.8.
    (b) Duties of CSOSA. (1) CSOSA shall obtain information relating to 
the sex offender for the purpose of registration including:
    (i) Name(s) and alias(es);
    (ii) Date of birth;
    (iii) Physical description such as sex, race, height, weight, eye 
color, hair color, tattoos, scars, or other marks or characteristics;
    (iv) Social security, PDID, DCDC and FBI numbers;
    (v) Driver's license number and make, model, color, and license 
plate number of any motor vehicle(s) the sex offender owns;
    (vi) A photograph and set of fingerprints;
    (vii) Current and/or anticipated home, school, work address(es) and 
telephone number(s); and
    (viii) Other information that may assist CSOSA or the Metropolitan 
Police Department in locating the sex offender.
    (2) CSOSA shall also obtain a detailed description of the 
offense(s) on the basis of which a sex offender is required to 
register, the presentence report(s), the victim impact statement(s), 
the date(s) of conviction and any sentence(s) imposed, the sex 
offender's criminal record and a detailed description of any relevant 
offense or offenses, pertinent statutes and case law in other 
jurisdictions, and any other information it deems useful in order to 
determine a sex offender's obligation to register, term of 
registration, and notification classification, to verify the accuracy 
of the information provided, to assist other jurisdictions' sex 
offender registration agencies and authorities, or to assist the 
Metropolitan Police Department in its law enforcement functions.
    (3) CSOSA shall inform a sex offender of the sex offender's duty 
to:

[[Page 54097]]

    (i) Comply with the requirements set forth in paragraph (a) of this 
section for initial registration;
    (ii) Periodically verify the address(es) at which the sex offender 
lives, resides, works, and/or attends school, and other information, as 
provided in Sec. 811.9;
    (iii) Report any change of address and any other changes in 
registration information (including changes in appearance), as provided 
in Sec. 811.10;
    (iv) Notify CSOSA if the sex offender is moving to another 
jurisdiction or works or attends school in another jurisdiction and to 
register in any such jurisdiction; and
    (v) Comply with the requirements of the Act and any procedures, 
requirements, rules, or regulations promulgated under the Act, 
including these regulations and the District of Columbia regulations.
    (4) CSOSA shall inform the sex offender of the penalties for 
failure to comply with the sex offender's duties.
    (5) If the Superior Court has not entered an order certifying that 
a person is a sex offender, CSOSA shall inform the person that, if the 
person disagrees with CSOSA's determination that the person must 
register or CSOSA's determination of the person's classification for 
purposes of registration or notification, then the person must follow 
the review procedures set forth in Sec. 811.8. CSOSA shall provide the 
person with a form to notify CSOSA of an intent to seek such review.


Sec. 811.8  Review of determination to register.

    (a) If a person, other than a person who has been certified as a 
sex offender by the Court, disagrees with CSOSA's determination that 
the person is subject to registration or with CSOSA's determination of 
the person's classification for purposes of registration or 
notification, the person may seek judicial review of the determination, 
subject to the limitations of section 5(a)(1) of the Act (D.C. Official 
Code Sec. 22-4004(a)(1)), by:
    (1) Immediately providing CSOSA with a notice of intent to seek 
review upon being informed of the determination; and
    (2) Within 30 calendar days of the date on which the person is 
informed of CSOSA's determination, filing a motion in the Superior 
Court setting forth the disputed facts and attaching any documents or 
affidavits upon which the person intends to rely.
    (b) A person who fails to comply with paragraph (a) of this section 
may seek review of CSOSA's determination only in conformity with the 
limitations of section 5(a)(1) of the Act (D.C. Official Code Section 
4004(a)(1)) and for good cause shown and to prevent manifest injustice 
by filing a motion in the Court within three years of the date on which 
the person is informed of CSOSA's determination.


Sec. 811.9  Periodic verification of registration information.

    (a) Sex offenders who are required to register for life must verify 
registration information quarterly pursuant to the procedures set forth 
in paragraph (d) of this section.
    (b) All other sex offenders must verify registration information 
annually pursuant to the procedures set forth in paragraph (d) of this 
section.
    (c) Quarterly or annually, as appropriate, CSOSA will mail a 
verification form to the home address of the sex offender.
    (d) The sex offender must correct any information on the form which 
is inaccurate or out of date and must sign, thumb-print, and return the 
form to CSOSA no later than 14 calendar days after the date on which 
CSOSA placed it in the mail. The sex offender has the option of 
returning the form by mail or in person unless:
    (1) The sex offender is also on probation, parole, or supervised 
release or otherwise must report to CSOSA, and CSOSA directs the sex 
offender to verify the registration information in person;
    (2) CSOSA directs the sex offender to appear in person because the 
sex offender has previously failed to submit a timely verification or 
submitted an incomplete or inaccurate verification; or
    (3) CSOSA directs the sex offender to appear in person for the 
purpose of taking a new photograph documenting a significant change in 
physical appearance or updating a photograph that is five or more years 
old.


Sec. 811.10  Changes in registration information.

    (a)(1) A sex offender must notify CSOSA if the sex offender:
    (i) Ceases to live or reside at the registered address or moves to 
a different address;
    (ii) leaves a job or obtains a new job, or leaves a school or 
enrolls in a new school; or
    (iii) ceases to own or becomes an owner of any motor vehicle.
    (2) A sex offender must notify CSOSA if there is a significant 
change in the sex offender's appearance and report as directed for the 
purpose of having a new photograph taken. Any question regarding 
whether a change in physical appearance is significant is to be 
referred to CSOSA.
    (3) A sex offender must notify CSOSA if the sex offender is moving 
to another jurisdiction or if the sex offender works or attends school 
in another jurisdiction and must register in any such jurisdiction.
    (b) Notice of the changes described in paragraph (a) of this 
section must be in writing and must be provided prior to the change if 
feasible and in any event within three days of the change. Notices of 
change in address or place of work or school attendance must include 
new address, location, and phone number information. Notice relating to 
ownership of a motor vehicle must include the make, model, color, and 
license plate number of the vehicle.


Sec. 811.11  Compliance.

    (a) A sex offender may be excused from strict compliance with the 
time limits set forth in these regulations if the sex offender notifies 
CSOSA in advance of circumstances that will interfere with compliance 
and makes alternative arrangements to satisfy the requirements or, in 
the case of an emergency, notifies CSOSA as soon as the sex offender is 
able to do so.
    (b) CSOSA may direct that a sex offender meet with a responsible 
officer or official for the purpose of securing compliance or 
discussing non-compliance with any requirements of the Act or any 
procedures, requirements, rules, or regulations promulgated under the 
Act, including these regulations and the District of Columbia 
regulations.


Sec. 811.12  Penalties.

    A violation of the requirements of the Act or any procedures, 
requirements, rules, or regulations promulgated under the Act, 
including these regulations and the District of Columbia regulations, 
may result in criminal prosecution under section 16 of the Act (D.C. 
Official Code Section 22-4015), revocation of probation, parole, 
supervised release, or conditional release, and extension of the 
registration period under Sec. 811.6(b)(2).


Sec. 811.13  Notices and appearances.

    Unless otherwise directed by the Court or CSOSA,
    (a) Notices or reports that are required to be submitted in writing 
should be sent to: Sex Offender Registration Unit, Court Services and 
Offender Supervision Agency, Room 2002, 300 Indiana Avenue, NW., 
Washington, DC 20001.
    (b) A person who is required to report in person should go to: Sex 
Offender Supervision Office, Court Services and Offender Supervision 
Agency, Room

[[Page 54098]]

2002, 300 Indiana Avenue, NW., Washington, DC 20001.


Sec. 811.14  Definitions.

    (a) The terms ``attends school,'' ``Court,'' ``in custody or under 
supervision,'' ``sex offender,'' and ``works'' shall have the same 
meaning as set forth in Section 2 of the Sex Offender Registration Act 
of 1999 (D.C. Official Code Section 22-4001).
    (b) The term ``the Act'' means the Sex Offender Registration Act of 
1999 (D.C. Official Code Section 22-4001 et seq.).
    (c) The term ``days'' means business days unless otherwise 
specified.
    (d) In relation to a motor vehicle, the term ``owns'' includes both 
exclusive ownership and co-ownership, and the term ``owner'' includes 
both exclusive owners and co-owners.

Appendix A to Part 811--Listing of Sex Offender Registration Offenses 
by Class

Class A Offenders--All Lifetime Registrants

(D.C. Official Code Secs. 22-4001(6), 4002(b), 4011(b)(2)(A))

    1. Class A includes offenders who have been convicted or found 
not guilty by reason of insanity of:
    (a) First degree sexual abuse;
    (b) Second degree sexual abuse;
    (c) Rape;
    (d) Forcible sodomy;
    (e) First degree child sexual abuse committed against a child 
under 12;
    (f) Carnal knowledge (statutory rape) committed against a child 
under 12;
    (g) Sodomy committed against a child under 12;
    (h) Murder committed before, during, or after engaging in or 
attempting to engage in a sexual act or contact or rape;
    (i) Manslaughter committed before, during, or after engaging in 
or attempting to engage in a sexual act or contact or rape;
    (j) Attempting to commit any of the foregoing offenses;
    (k) Conspiring to commit any of the foregoing offenses; or
    (l) Assault with intent to commit any of the foregoing offenses.
    2. Class A also includes offenders who:
    (a) In two or more trials or plea proceedings, have been 
convicted or found not guilty by reason of insanity of a felony 
registration offense or any registration offense against a minor. 
(Recidivism).
    (b) In a single trial or plea proceeding, have been convicted or 
found not guilty by reason of insanity of registration offenses 
against two or more victims where each offense is a felony or 
committed against a minor (Multiple victims).
    (c) Have been determined to be sexual psychopaths.
    3. Class A also includes offenders who have been convicted or 
found not guilty by reason of insanity under the law of another 
jurisdiction of offenses that involved conduct that is the same as 
or substantially similar to that above.

Class B Offenders--``Ten Year'' Registrants

(Other Offenses Against Minors, Wards, Patients, or Clients)

(D.C. Official Code Secs. 22-4001(8), 4002(a), 4011(b)(2)(B))

    1. Class B includes offenders who are not included in Class A 
and have been convicted or found not guilty by reason of insanity of 
any of the following crimes against a minor (that is, a person under 
the age of 18):
    (a) Third degree sexual abuse;
    (b) Fourth degree sexual abuse;
    (c) Misdemeanor sexual abuse;
    (d) First degree child sexual abuse;
    (e) Second degree child sexual abuse;
    (f) Carnal knowledge (statutory rape);
    (g) Sodomy committed against a minor;
    (h) Indecent acts on a child;
    (i) Enticing a child;
    (j) Lewd, indecent or obscene acts;
    (k) Sexual performance using a minor;
    (l) Incest;
    (m) Obscenity;
    (n) Prostitution/Pandering;
    (o) Assault (unwanted sexual touching);
    (p) Threatening to commit a sexual offense;
    (q) First or second degree burglary with intent to commit sex 
offense;
    (r) Kidnapping (does not require a sexual purpose);
    (s) Assault with intent to commit any of the foregoing offenses;
    (t) Attempting to commit any of the foregoing offenses;
    (u) Conspiring to commit any of the foregoing offenses; or
    (v) Any offense against a minor for which the offender agreed in 
a plea agreement to be subject to sex offender registration 
requirements.
    2. Class B also includes offenders who are not included in Class 
A and have been convicted or found not guilty by reason of insanity 
of any of the following crimes regardless of the age of the victim:
    (a) First degree sexual abuse of a ward or resident of a 
hospital, treatment facility or other institution.
    (b) Second degree sexual abuse of a ward or resident of a 
hospital, treatment facility or other institution.
    (c) First degree sexual abuse of a patient or client.
    (d) Second degree sexual abuse of a patient or client.
    3. Class B also includes offenders who are not included in Class 
A and have been convicted or found not guilty by reason of insanity 
under the law of another jurisdiction of offenses that involved 
conduct that is the same as or substantially similar to that above.

Class C Offenders--``Ten Year'' Registrants

(Other Offenses Against Adult Victims)

(D.C. Official Code Secs. 22-4001(8), 4002(a), 4011(b)(2)(C))

    1. Class C includes offenders who are not included in Class A or 
Class B and have committed any of the following crimes against an 
adult (that is, a person 18 years of age or older):
    (a) Third degree sexual abuse;
    (b) Fourth degree sexual abuse;
    (c) First or second degree burglary with intent to commit sex 
offense;
    (d) Kidnapping with intent to commit sex offense;
    (e) Threatening to commit a sexual offense (felony);
    (f) Assault with intent to commit any of the foregoing offenses;
    (g) Attempting to commit any of the foregoing offenses;
    (h) Conspiring to commit any of the foregoing offenses, or;
    (i) Any offense for which the offender agreed in a plea 
agreement to be subject to sex offender registration requirements.
    2. Class C also includes offenders who are not included in Class 
A or Class B and have been convicted or found not guilty by reason 
of insanity under the law of another jurisdiction of offenses that 
involved conduct that is the same as or substantially similar to 
that above.

Exceptions (D.C. Official Code Sec. 22-4016(b))

    The following do not constitute registration offenses:
    1. Any sexual offense between consenting adults or an attempt, 
conspiracy or solicitation to commit such an offense, except for 
offenses to which consent is not a defense as provided in Section 
218 of the Anti-Sexual Abuse Act of 1994 (D.C. Official Code 
Sec. 22-3017).
    2. Any misdemeanor offense that involved a person's sexual 
touching or attempted or solicited sexual touching of an undercover 
law enforcement officer where the person believed that the officer 
was an adult.
    3. Any misdemeanor offense committed against an adult, except 
where the offender agrees in a plea agreement to be subject to sex 
offender registration requirements.

[FR Doc. 02-20468 Filed 8-20-02; 8:45 am]
BILLING CODE 3129-01-P