[Federal Register: April 22, 2003 (Volume 68, Number 77)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF
28 CFR Part 811
District of Columbia Sex Offender Registration
AGENCY: Court Services and Offender Supervision Agency for the District
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.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Records Manager
(telephone: (202) 220-5359; e-mail: firstname.lastname@example.org).
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
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
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
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
FURTHER INFORMATION CONTACT captions.
List of Subjects in 28 CFR Part 811
Incorporation by Reference, Probation and Parole.
PART 811--SEX OFFENDER REGISTRATION
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]
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