[Federal Register: August 21, 2002 (Volume 67, Number 162)]
[Rules and Regulations]               
[Page 54098-54102]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au02-6]                         

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COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF 
COLUMBIA

28 CFR Part 812

[CSOSA-0006-I]
RIN 3225-AA04

 
Collection and Use of DNA Information

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 adopting interim regulations to 
implement section 4 of the DNA Analysis Backlog Elimination Act of 
2000, in conjunction with District of Columbia laws enacted pursuant to 
that Act which specify qualifying District of Columbia offenses for 
purposes of DNA

[[Page 54099]]

sample collection. The interim regulations set forth the 
responsibilities of CSOSA for collecting DNA samples from individuals 
under its supervision who have been convicted of specific offenses 
identified by District of Columbia statute. The regulations specify 
that DNA samples are to be collected, handled, preserved, and submitted 
to the Federal Bureau of Investigation (``FBI'') in accordance with FBI 
guidelines for inclusion in the Combined DNA Index System (``CODIS''), 
a national database of DNA profiles from convicted offenders, unsolved 
crime scenes, and missing persons. The regulations also specify that 
CSOSA will cooperate with the Federal Bureau of Prisons to ensure that 
unnecessary samples will not be collected; establish a standard for 
what constitutes an individual's refusal to cooperate in the collection 
of a DNA sample; and define what steps CSOSA deems to be reasonably 
necessary to take when an individual refuses to cooperate. The 
regulations identify in an appendix the offenses which qualify for DNA 
collection, as they appear in the District of Columbia public laws, in 
the District of Columbia Code (1981 ed.), and in the District of 
Columbia Official Code (2001 ed.).

DATES: Effective August 21, 2002; comments must be submitted by October 
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 collection and use of DNA information (28 CFR part 
812).
    The DNA Analysis Backlog Elimination Act of 2000 (Pub. L. 106-546, 
114 Stat. 2726) authorizes the collection of DNA samples from persons 
convicted of ``qualifying District of Columbia offenses'' who are in 
the custody of the Federal Bureau of Prisons (``BOP'') or who are on 
supervised release, parole, or probation and under CSOSA's supervision. 
Qualifying District of Columbia offenses were identified by the Council 
of the District of Columbia in the DNA Sample Collection Act of 2001, 
District of Columbia Act 14-076, the DNA Sample Collection Emergency 
Act of 2001, District of Columbia Act 14-077, and the DNA Sample 
Collection Congressional Review Emergency Act of 2001, District of 
Columbia Act 14-130.
    The DNA information becomes part of the Combined DNA Index System 
(``CODIS''), a national database of DNA profiles from convicted 
offenders, unsolved crime scenes, and missing persons. CODIS allows 
State and local forensic laboratories to exchange and compare DNA 
profiles electronically, thereby linking serial violent crimes, 
especially sexual assaults, to each other, and to identify suspects by 
matching DNA from crime scenes to convicted offenders.
    CSOSA is responsible for the supervision of adults on probation, 
parole, or supervised release for District of Columbia Code offenses in 
the District of Columbia. Under the provisions of the DNA Analysis 
Backlog Elimination Act of 2000, CSOSA must collect a DNA sample from 
each individual under its supervision who is, or has been, convicted of 
a qualifying District of Columbia offense. CSOSA has the discretion not 
to collect a sample from the individual if CODIS already has a DNA 
analysis for the individual. CSOSA also has the authority to use such 
means as are reasonably necessary to collect a sample from an 
individual who refuses to cooperate in the collection of the sample.
    CSOSA's regulations list the qualifying District of Columbia 
offenses in an appendix to the part. The offenses are listed in three 
tables. Table 1 presents the offenses as they were identified in the 
``DNA Sample Collection Act of 2001''. Table 2 presents the offenses in 
numerical order under the D.C. Code, (1981 Edition). Table 3 presents 
the offenses in numerical order under the D.C. Official Code (2001 
Edition). These tables are presented for informational purposes only. 
Any future revision to the District of Columbia Code sections 
designating the qualifying offenses will be effective notwithstanding 
the timing of a conforming revision of the appendix by CSOSA.
    Section 812.2 of CSOSA's interim regulations establishes procedures 
for coordinating the collection of samples with BOP. BOP has the 
authority to collect DNA samples from District of Columbia Code 
offenders in its custody. CSOSA will exchange information concerning 
the collection of the DNA sample from District of Columbia Code 
offenders in their custody or under their supervision in order to 
ensure that DNA samples will not be taken from District of Columbia 
Code offenders unnecessarily.
    Section 812.4 pertains to collection procedures. Paragraph (a) 
specifies that the DNA sample (currently in the form of a blood sample) 
will be collected in accordance with FBI guidelines. Paragraph (b) 
establishes what CSOSA deems to be a refusal to cooperate by an 
individual who is subject to collection. Paragraph (c) describes what 
reasonably necessary measures CSOSA will take in response to such 
refusal, including administrative sanctions, referral for criminal 
prosecution, and a request for revocation of probation, parole, or 
supervised release which could result in commitment to the custody of 
the Federal Bureau of Prisons, thereby facilitating collection 
procedures authorized by Department of Justice regulations (28 CFR part 
28).

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 rule implements section 4 of Pub. L. 106-546 (42 U.S.C. 14135b), 
which requires the Director of CSOSA to ``collect a DNA sample from 
each individual under the supervision of the Agency who is on 
supervised release, parole, or probation who is, or has been, convicted 
of a qualifying District of Columbia offense'' and requires collection 
of DNA samples to commence not later than 180 days after the effective 
date of the Act. Given that section 4(d) authorizes the government of 
the District of Columbia to ``determine those offenses under the 
District of Columbia Code that shall be treated * * * as qualifying 
District of Columbia offenses,'' Congress must have been aware that it 
would not be feasible within a 180-day time period to enact the 
required District of Columbia legislation, publish a proposed 
regulation for notice and comment, as well as a subsequent final rule, 
and for the period of the final rule's delayed effective date to have 
run. Public Law 106-546, in conjunction with the District of Columbia 
legislation, is explicit and comprehensive concerning the types of 
offenses that will be treated as qualifying District of Columbia 
offenses and concerning the responsibilities of CSOSA in collecting DNA 
samples. In light of the short statutory time frame for the 
implementation of this law and the fact that the formulation of 
implementing regulations involves the exercise of relatively little 
discretion, it is impracticable and unnecessary to adopt this rule with 
the prior notice and comment period normally required

[[Page 54100]]

under 5 U.S.C. 553(b) or with the delayed effective date normally 
required under 5 U.S.C. 553(d).
    Moreover, the collection, analysis, and indexing of DNA samples as 
required by Public Law 106-546 furthers important public safety 
interests by facilitating the solution and prevention of crime, see 
H.R. Rep. No. 900, 106th Cong., 2d Sess. 8-11 (2000) (House Judiciary 
Committee Report). Delay in the full implementation of the law--
including the absence of a specification of what constitutes a refusal 
to cooperate in DNA sample collection and what measures are to be taken 
in response to such a refusal, as set forth in these regulations--would 
thwart or delay the realization of these public safety benefits. 
Dangerous offenders who might be successfully identified through DNA 
matching may reach the end of supervision before DNA sample collection 
can be carried out, thereby remaining at large to engage in further 
crimes against the public. Furthermore, delay in collecting, analyzing, 
and indexing DNA samples, and hence in the identification of offenders, 
may foreclose prosecution due to the running of statutes of 
limitations. Failure to identify, or delay in identifying, offenders as 
the perpetrators of crimes through DNA matching also increases the risk 
that innocent persons may be wrongfully suspected, accused, or 
convicted of such crimes. 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).
    Any interested person who wishes to submit comments on the interim 
rule, however, may do so by writing or e-mailing the agency at the 
addresses given above in the ADDRESSES and FOR FURTHER INFORMATION 
CONTACT captions.

Executive Order 12866

    This interim 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, 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

    We want to make CSOSA's documents easy to read and understand. 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 812

    Probation and Parole.

Paul A. Quander, Jr.,
Director.

    Accordingly, we amend chapter VIII, Title 28 of the Code of Federal 
regulations by adding new part 812 as set forth below.

PART 812--COLLECTION AND USE OF DNA INFORMATION

Sec.
812.1   Purpose.
812.2   Individuals subject to DNA collection.
812.3   Coordination with the Federal Bureau of Prisons.
812.4   Collection procedures.

Appendix A to Part 812--Qualifying District of Columbia Code Offenses

    Authority: 5 U.S.C. 301; Pub. L. 106-546 (114 Stat. 2726).


Sec. 812.1  Purpose.

    The Court Services and Offender Supervision Agency for the District 
of Columbia (``CSOSA'') cooperates with other federal agencies to 
ensure that DNA samples from offenders are appropriately furnished to 
the Federal Bureau of Investigation (``FBI'') for DNA analysis. The 
results of the DNA analyses are to be included in the Combined DNA 
Index System (``CODIS'').


Sec. 812.2  Individuals subject to DNA collection.

    CSOSA is responsible for collecting a DNA sample from each 
individual under its supervision who is, or has been, convicted of a 
qualifying District of Columbia Code offense. Qualifying District of 
Columbia Code offenses were designated by the Council of the District 
of Columbia in the ``DNA Sample Collection Act of 2001.'' CSOSA 
provides a listing of these offenses in the Appendix to this part. The 
list is presented for informational purposes only. Any future revision 
to the District of Columbia Code sections designating the qualifying 
offenses will be effective notwithstanding the timing of a conforming 
revision of the Appendix by CSOSA. CSOSA may choose not to collect a 
sample from an individual if it determines that CODIS already contains 
a DNA analysis for the individual.


Sec. 812.3  Coordination with the Federal Bureau of Prisons.

    (a) CSOSA will coordinate with the Federal Bureau of Prisons in 
order to obtain documentation regarding the collection of a DNA sample 
when the Federal Bureau of Prisons releases an inmate to CSOSA's 
supervision or as requested by CSOSA.
    (b) CSOSA shall provide the Federal Bureau of Prisons with 
documentation regarding the collection of a DNA sample from a District 
of Columbia Code offender when CSOSA returns the District of Columbia 
Code offender to the custody of the Federal Bureau of Prisons or as 
requested by the Federal Bureau of Prisons.


Sec. 812.4  Collection procedures.

    (a) DNA samples will be collected, handled, preserved, and 
submitted to

[[Page 54101]]

the FBI in accordance with FBI guidelines.
    (b) CSOSA has the authority to use such means as are reasonably 
necessary to collect a sample from an individual who refuses to 
cooperate in the collection of the sample. Unless CSOSA determines that 
there are mitigating circumstances, CSOSA will consider that an 
individual is refusing to cooperate if:
    (1) The individual is being ordered or transferred to CSOSA's 
supervision, but fails to report to CSOSA for collection of the sample 
within 15 business days of being sentenced to probation or being 
discharged from a correctional institution; or
    (2) The individual is already under CSOSA supervision and has been 
notified by his or her Community Supervision Officer of the time to 
report for collection of the sample, but fails to report for collection 
of the sample; or
    (3) The individual has reported to CSOSA for collection of the 
sample, but fails to provided the sample after being given a minimum of 
one hour to do so; or
    (4) The individual specifically states that he or she will not 
cooperate.
    (c) When an individual has refused to cooperate in the collection 
of the sample, CSOSA deems the following to be reasonably necessary 
means for obtaining the sample:
    (1) Impose administrative sanctions;
    (2) Request a revocation hearing by the releasing authority; and/or
    (3) Refer the individual who refuses to cooperate for criminal 
prosecution for a class A misdemeanor pursuant to section 4(a)(5) of 
the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 
14135b(a)(5)).

APPENDIX A TO PART 812--QUALIFYING DISTRICT OF COLUMBIA CODE OFFENSES

    As enacted by the Council of the District of Columbia, the DNA 
Sample Collection Act of 2001 identifies the criminal offenses 
listed in Table 1 of this appendix as ``qualifying District of 
Columbia offenses'' for the purposes of the DNA Analysis Backlog 
Elimination Act of 2000 (Pub. L. 106-546, 114 Stat. 2726). Table 2 
of this Appendix lists these same offenses in numerical order under 
the D.C. Code, 1981 Edition. Table 3 of this Appendix lists these 
same offenses in numerical order under the D.C. Official Code, 2001 
Edition. The tables follow:

Table 1. Offense Listing

    (1) Section 820 of An Act To establish a code of law for the 
District of Columbia (arson);
    (2) Section 821 of An Act To establish a code of law for the 
District of Columbia (burning of one's own property with intent to 
defraud or injure another);
    (3) Section 848 of An Act To establish a code of law for the 
District of Columbia (malicious burning, destruction, or injury of 
another's property);
    (4) Section 803 of An Act To establish a code of law for the 
District of Columbia (assault with intent to kill, rob, or poison, 
or to commit first degree sexual abuse, second degree sexual abuse 
or child sexual abuse);
    (5) Section 804 of An Act To establish a code of law for the 
District of Columbia, (assault with intent to commit mayhem or with 
dangerous weapon);
    (6) Section 806a of An Act To establish a code of law for the 
District of Columbia (aggravated assault);
    (7) Section 432(b) of the Revised Statutes, relating to the 
District of Columbia (assault on member of police force, campus or 
university special police, or fire department using a deadly or 
dangerous weapon);
    (8) Section 807 of An Act To establish a code of law for the 
District of Columbia (mayhem or maliciously disfiguring);
    (9) Section 3 of An act for the protection of children in the 
District of Columbia and for other purposes (cruelty to children);
    (10) Section 9 of An Act for the preservation of the public 
peace and the protection of property within the District of Columbia 
(lewd, indecent, or obscene acts (knowingly in the presence of a 
child under the age of 16 years));
    (11) Section 823 of An Act To establish a code of law for the 
District of Columbia (burglary);
    (12) Section 875 of An Act To establish a code of law for the 
District of Columbia (incest);
    (13) Section 872 of An Act To establish a code of law for the 
District of Columbia (certain obscene activities involving minors);
    (14) Section 3 of the District of Columbia Protection of Minors 
Act of 1982 (sexual performances using minors);
    (15) Section 812 of An Act To establish a code of law for the 
District of Columbia (kidnapping);
    (16) Section 798 of An Act To establish a code of law for the 
District of Columbia (murder in the first degree);
    (17) Section 799 of An Act To establish a code of law for the 
District of Columbia (murder in the first degree--obstructing 
railroad);
    (18) Section 800 of An Act To establish a code of law for the 
District of Columbia (murder in the second degree);
    (19) Section 802 of An Act To establish a code of law for the 
District of Columbia (voluntary manslaughter only);
    (20) Section 802a of An Act To establish a code of law for the 
District of Columbia (murder of a law enforcement officer);
    (21) Section 813 of An Act To establish a code of law for the 
District of Columbia (abducting, enticing, or harboring a child for 
prostitution);
    (22) Section 1 of An Act In relation to pandering, to define and 
prohibit the same and to provide for the punishment thereof 
(pandering; inducing or compelling an individual to engage in 
prostitution);
    (23) Section 2 of An Act In relation to pandering, to define and 
prohibit the same and to provide for the punishment thereof 
(compelling an individual to live life of prostitution against his 
or her will);
    (24) Section 4 of An Act In relation to pandering, to define and 
prohibit the same and to provide for the punishment thereof (causing 
spouse to live in prostitution);
    (25) Section 5 of An Act In relation to pandering, to define and 
prohibit the same and to provide for the punishment thereof 
(detaining an individual in disorderly house for debt there 
contracted);
    (26) Forcible rape, carnal knowledge or statutory rape as these 
offenses were proscribed until May 23, 1995 by section 808 of An Act 
To establish a code of law for the District of Columbia;
    (27) Section 810 of An Act To establish a code of law for the 
District of Columbia (robbery);
    (28) Section 811 of An Act To establish a code of law for the 
District of Columbia (attempted robbery);
    (29) Section 811a of An Act To establish a code of law for the 
District of Columbia (carjacking);
    (30) lndecent acts with children as this offense was proscribed 
until May 23, 1995 by section 103(a) of An Act To provide for the 
treatment of sexual psychopaths in the District of Columbia, and for 
other purposes;
    (31) Enticing a child as this offense was proscribed until May 
23, 1995 by section 103(b) of An Act To provide for the treatment of 
sexual psychopaths in the District of Columbia, and for other 
purposes;
    (32) Sodomy as this offense was proscribed until May 23, 1995 by 
section 104(a) of An Act To provide for the treatment of sexual 
psychopaths in the District of Columbia, and for other purposes 
where the offense was forcible or committed against a minor;
    (33) Section 201 of the Anti-Sexual Abuse Act of 1994 (first 
degree sexual abuse);
    (34) Section 202 of the Anti-Sexual Abuse Act of 1994 (second 
degree sexual abuse);
    (35) Section 203 of the Anti-Sexual Abuse Act of 1994 (third 
degree sexual abuse);
    (36) Section 204 of the Anti-Sexual Abuse Act of 1994 (fourth 
degree sexual abuse);
    (37) Section 205 of the Anti-Sexual Abuse Act of 1994 
(misdemeanor sexual abuse);
    (38) Section 207 of the Anti-Sexual Abuse Act of 1994 (first 
degree child sexual abuse);
    (39) Section 208 of the Anti-Sexual Abuse Act of 1994 (second 
degree child sexual abuse);
    (40) Section 209 of the Anti-Sexual Abuse Act of 1994 (enticing 
a child);
    (41) Section 212 of the Anti-Sexual Abuse Act of 1994 (first 
degree sexual abuse of a ward);
    (42) Section 213 of the Anti-Sexual Abuse Act of 1994 (second 
degree sexual abuse of a ward);
    (43) Section 214 of the Anti-Sexual Abuse Act of 1994 (first 
degree sexual abuse of a patient or client);
    (44) Section 215 of the Anti-Sexual Abuse Act of 1994 (second 
degree sexual abuse of a patient or client);
    (45) Section 217 of the Anti-Sexual Abuse Act of 1994 (attempts 
to commit sexual offenses); and
    (46) Attempt or conspiracy to commit any of the offenses listed 
in items (1) through (45) of this table.

[[Page 54102]]

Table 2. Offense Listing (D.C. Official Code, 1981 Edition)

    (1) D.C. Code section 22-401--arson;
    (2) D.C. Code section 22-402--burning of one's own property with 
intent to defraud or injure another;
    (3) D.C. Code section 22-403--malicious burning, destruction or 
injury of another's property;
    (4) D.C. Code section 22-501--assault with intent to kill, rob, 
or poison, or to commit first degree sexual abuse, second degree 
sexual abuse or child sexual abuse;
    (5) D.C. Code section 22-502--assault with intent to commit 
mayhem or with dangerous weapon;
    (6) D.C. Code section 22-504.1--aggravated assault;
    (7) D.C. Code section 22-505(b)--assault on member of police 
force, campus or university special police, or fire department using 
a deadly or dangerous weapon;
    (8) D.C. Code section 22-506--mayhem or maliciously disfiguring;
    (9) D.C. Code section 22-901--cruelty to children;
    (10) D.C. Code section 22-1112(b)--lewd, indecent or obscene 
acts (knowingly in the presence of a child under the age of 16 
years);
    (11) D.C. Code section 22-1801--burglary;
    (12) D.C. Code section 22-1901--incest;
    (13) D.C. Code section 22-2001--certain obscene activities 
involving a minor;
    (14) D.C. Code section 22-2012--sexual performances using 
minors;
    (15) D.C. Code section 22-2101--kidnapping;
    (16) D.C. Code section 22-2401--murder in the first degree;
    (17) D.C. Code section 22-2402--murder in the first degree 
(obstructing railroad);
    (18) D.C. Code section 22-2403--murder in the second degree;
    (19) D.C. Code section 22-2405--voluntary manslaughter only;
    (20) D.C. Code section 22-2406--murder of a law enforcement 
officer;
    (21) D.C. Code section 22-2704--abducting, enticing, or 
harboring a child for prostitution;
    (22) D.C. Code section 22-2705--pandering; inducing or 
compelling an individual to engage in prostitution;
    (23) D.C. Code section 22-2706--compelling an individual to live 
life of prostitution against his or her will;
    (24) D.C. Code section 22-2708--causing spouse to live in 
prostitution;
    (25) D.C. Code section 22-2709--detaining an individual in 
disorderly house for debt there contracted;
    (26) D.C. Code section 22-2801 [repealed May 23, 1995]--forcible 
rape, carnal knowledge or statutory rape;
    (27) D.C. Code section 22-2901--robbery;
    (28) D.C. Code section 22-2902--attempted robbery;
    (29) D.C. Code section 22-2903--carjacking;
    (30) D.C. Code section 22-3501(a) [repealed May 23, 1995]--
indecent acts with children;
    (31) D.C. Code section 22-3501(b) [repealed May 23, 1995]--
enticing a child;
    (32) D.C. Code section 22-3502(a) [repealed May 23, 1995]--
sodomy where the offense was forcible or committed against a minor;
    (33) D.C. Code section 22-4102--first degree sexual abuse;
    (34) D.C. Code section 22-4103--second degree sexual abuse;
    (35) D.C. Code section 22-4104--third degree sexual abuse;
    (36) D.C. Code section 22-4105--fourth degree sexual abuse;
    (37) D.C. Code section 22-4106--misdemeanor sexual abuse;
    (38) D.C. Code section 22-4108--first degree child sexual abuse;
    (39) D.C. Code section 22-4109--second degree child sexual 
abuse;
    (40) D.C. Code section 22-4110--enticing a child;
    (41) D.C. Code section 22-4113--first degree sexual abuse of a 
ward;
    (42) D.C. Code section 22-4114--second degree sexual abuse of a 
ward;
    (43) D.C. Code section 22-4115--first degree sexual abuse of a 
patient or client;
    (44) D.C. Code section 22-4116--second degree sexual abuse of a 
patient or client;
    (45) D.C. Code section 22-4118--attempts to commit sexual 
offenses;
    (46) Attempt or conspiracy to commit any of the offenses listed 
in items (1) through (45) of this table.

Table 3. Offense Listing (D.C. Official Code, 2001 Edition)

    (1) D.C. Code section 22-301--arson;
    (2) D.C. Code section 22-302--burning of one's own property with 
intent to defraud or injure another;
    (3) D.C. Code section 22-303--malicious burning, destruction, or 
injury of another's property;
    (4) D.C. Code section 22-401--assault with intent to kill, rob, 
or poison, or to commit first degree sexual abuse, second degree 
sexual abuse or child sexual abuse;
    (5) D.C. Code section 22-402--assault with intent to commit 
mayhem or with dangerous weapon;
    (6) D.C. Code section 22-404.01--aggravated assault;
    (7) D.C. Code section 22-405(b)--assault on member of police 
force, campus or university special police, or fire department using 
a deadly or dangerous weapon;
    (8) D.C. Code section 22-406--mayhem or maliciously disfiguring;
    (9) D.C. Code section 22-801--burglary;
    (10) D.C. Code section 22-1101--cruelty to children;
    (11) D.C. Code section 22-1312(b)--lewd, indecent, or obscene 
acts (knowingly in the presence of a child under the age of 16 
years);
    (12) D.C. Code section 22-1901--incest;
    (13) D.C. Code section 22-2001--kidnapping;
    (14) D.C. Code section 22-2101--murder in the first degree;
    (15) D.C. Code section 22-2102--murder in the first degree--
obstructing railroad;
    (16) D.C. Code section 22-2103--murder in the second degree;
    (17) D.C. Code section 22-2105--voluntary manslaughter only;
    (18) D.C. Code section 22-2106--murder of a law enforcement 
officer;
    (19) D.C. Code section 22-2201--certain obscene activities 
involving minors;
    (20) D.C. Code section 22-2704--abducting, enticing, or 
harboring a child for prostitution;
    (21) D.C. Code section 22-2705--pandering; inducing or 
compelling an individual to engage in prostitution;
    (22) D.C. Code section 22-2706--compelling an individual to live 
life of prostitution against his or her will;
    (23) D.C. Code section 22-2708--causing spouse to live in 
prostitution;
    (24) D.C. Code section 22-2709--detaining an individual in 
disorderly house for debt there contracted;
    (25) D.C. Code section 22-2801--robbery;
    (26) D.C. Code section 22-2802--attempted robbery;
    (27) D.C. Code section 22-2803--carjacking;
    (28) D.C. Code section 22-3002--first degree sexual abuse;
    (29) D.C. Code section 22-3003--second degree sexual abuse;
    (30) D.C. Code section 22-3004--third degree sexual abuse;
    (31) D.C. Code section 22-3005--fourth degree sexual abuse;
    (32) D.C. Code section 22-3006--misdemeanor sexual abuse;
    (33) D.C. Code section 22-3008--first degree child sexual abuse;
    (34) D.C. Code section 22-3009--second degree child sexual 
abuse;
    (35) D.C. Code section 22-3010--enticing a child;
    (36) D.C. Code section 22-3013--first degree sexual abuse of a 
ward;
    (37) D.C. Code section 22-3014--second degree sexual abuse of a 
ward;
    (38) D.C. Code section 22-3015--first degree sexual abuse of a 
patient or client;
    (39) D.C. Code section 22-3016--second degree sexual abuse of a 
patient or client;
    (40) D.C. Code section 22-3018--attempts to commit sexual 
offenses;
    (41) D.C. Code section 22-3102--sexual performances using 
minors;
    (42) D.C. Code section 22-3801(a) [repealed May 23, 1995]--
indecent acts with children;
    (43) D.C. Code section 22-3801(b) [repealed May 23, 1995]--
enticing a child;
    (44) D.C. Code section 22-3802(a) [repealed May 23, 1995]--
sodomy where the offense was forcible or committed against a minor;
    (45) D.C. Code section 22-4801 [repealed May 23, 1995]--forcible 
rape, carnal knowledge or statutory rape;
    (46) D.C. Code section 22-1803 or section 22-1805a--attempt or 
conspiracy to commit any of the offenses listed in items (1) through 
(45) of this table.

[FR Doc. 02-20606 Filed 8-20-02; 8:45 am]
BILLING CODE 3129-01-P