[Federal Register: April 22, 2003 (Volume 68, Number 77)]
[Rules and Regulations] 
[Page 19739-19740]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



28 CFR Part 811

RIN 3225-AA03

District of Columbia Sex Offender Registration

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

ACTION: Final rule.


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

EFFECTIVE DATE: April 22, 2003.

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

(telephone: (202) 220-5359; e-mail: roy.nanovic@csosa.gov).

SUPPLEMENTARY INFORMATION: CSOSA is finalizing its interim regulations 
on the registration of sex offenders in the District of Columbia (28 
CFR part 811) which were published in the Federal Register on August 
21, 2002 (67 FR 54093).
Under the Sex Offender Registration Act of 1999 (``SORA'' or 
``Act'', D.C. Law 13-137, D.C. Official Code 22-4001 et seq.), and 
section 166(a) of the Consolidated Appropriations Act, 2000 (Pub. L. 
106-113 Sec. 166(a), 113 Stat. 1530; D.C. Official Code Sec. 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

[[Page 19740]]

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 

Matters of Regulatory Procedure

Administrative Procedure Act

CSOSA implemented its sex offender registration functions as 
interim regulations, with provision for post-promulgation public 
comments, 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 
Sec. 166(a), 113 Stat. 1530; D.C. Official Code Sec. 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 Sec. Sec. 
22-4002, 4007, 4008 & 4009) and 6A DCMR Sec. Sec. 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 (November 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).
Accordingly, CSOSA issued interim regulations to allow for public 
comment during the implementation of the sex offender registration 
functions. CSOSA did not receive any public comment on the interim 
regulations. CSOSA is therefore adopting the interim regulations as 
final without any change.

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 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

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 

List of Subjects in 28 CFR Part 811

Incorporation by Reference, Probation and Parole.


Accordingly, CSOSA adopts the interim rule published at 67 FR 54093 
which added part 811 to chapter VIII, Title 28 of the Code of Federal 
Regulations as a final rule without change.

Paul A. Quander, Jr.,
[FR Doc. 03-9930 Filed 4-21-03; 8:45 am]