[Federal Register: April 22, 2003 (Volume 68, Number 77)]
[Rules and Regulations]               
[Page 19738-19739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
28 CFR Part 810
RIN 3225-AA00
Community Supervision: Administrative Sanctions
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 on 
administrative sanctions which may be imposed on offenders under 
CSOSA's supervision who violate the general or specific conditions of 
their release. The purpose of imposing sanctions is to enable CSOSA 
staff to respond as swiftly, certainly, and consistently as practicable 
to non-compliant behavior. Using sanctions will reduce the number of 
violation reports sent to the releasing authority (for example, the 
sentencing court or the United States Parole Commission). CSOSA staff 
will be able to refer offenders back to the releasing authority having 
demonstrated that CSOSA has exhausted the range of options at its 
disposal to change the offender's non-compliant behavior. The releasing 
authority may then concentrate on those referrals which fully merit 
scrutiny. The purpose of the regulations is to prevent crime, reduce 
recidivism, and support the fair administration of justice through the 
promotion of effective community supervision.
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 administrative sanctions which may be imposed on offenders under 
CSOSA's supervision who violate the general or specific conditions of 
their release. These interim regulations were published in the Federal 
Register on September 20, 2001 (66 FR 48336).
    CSOSA is responsible for the supervision of adults on probation, 
parole, or supervised release in the District of Columbia. A critical 
factor in such supervision is the ability to introduce an 
accountability structure into the supervision process and to provide 
swift, certain, and consistent responses to non-compliant behavior. 
Under traditional procedures, when offenders under CSOSA supervision 
violate the general or specific conditions of their release, CSOSA 
staff must refer the matter to the releasing authority. In most cases, 
the releasing authority is the sentencing court (usually the Superior 
Court of the District of Columbia) or the United States Parole 
Commission (``USPC''). The releasing authority, however, may include 
any of the jurisdictions participating in the Interstate Compact. The 
referrals necessarily increase the workload for the releasing 
authority. The response and response time between a reported violation 
and a hearing is consequently uncertain.
    Regulations issued by the USPC (see 28 CFR 2.85(a)(15)) authorize 
CSOSA's community supervision officers to impose graduated sanctions if 
a parolee has tested positive for illegal drugs or has committed any 
non-criminal violation of the conditions of parole. The USPC retains 
the authority to override an imposed sanction and issue a warrant or 
summons if it finds that the parolee is a risk to public safety or is 
not complying in good faith with the sanction. The Superior Court of 
the District of Columbia typically includes authorization for a program 
of graduated sanctions in connection with illicit drug use or other 
violation of conditions of probation as part of the offender's general 
conditions of probation. By issuing these interim regulations on the 
imposition of administrative sanctions, CSOSA intended to ensure the 
consistency, certainty, and timeliness of imposed sanctions for all 
offenders (parolees, probationers, and supervised releasees) under its 
    Under these interim regulations, CSOSA established a supervision 
level and minimum contact requirements for the individual offender (see 
Sec.  810.1). CSOSA uses an accountability contract (see Sec.  810.2) 
between the offender and CSOSA to define non-compliant behavior. The 
accountability contract outlines the expectations for behavior and the 
consequences (that is, the sanctions) for failing to comply. The 
sanctions present the community supervision officer with a range of 
corrective actions (see Sec.  810.3) which can be applied short of 
court or USPC approval. The goal of these sanctions is to change 
offender behavior. Imposing the sanctions quickly and consistently may 
prevent escalation of the offender's non-compliant behavior.
    The accountability contract identifies a schedule for imposing 
sanctions which is keyed to the recurrence of violations. The 
accountability contract also provides for positive reinforcements for 
compliant behavior (see Sec.  810.3(d)).
    Administrative sanctions accordingly are a component of effective 
supervision. When CSOSA does make a referral to the court or to the 
USPC, it will be able to demonstrate that it has exhausted the range of 
options at its disposal with respect to the offender's non-compliant 
behavior or that the violation is so severe immediate action by the 
releasing authority may be
[[Page 19739]]
necessary to revoke the offender's liberty in the community.
Matters of Regulatory Procedure
Administrative Procedure Act
    The implementation of these regulations as interim regulations, 
with provision for post-promulgation public comments and without any 
delay in its effectiveness, is based on the ``good cause'' exceptions 
found at 5 U.S.C. 553(b)(3)(B) and (d)(3). The anticipated benefits of 
the rulemaking include an increase in the public safety of the 
community, relief to the courts and the USPC, and responsive 
supervision for offenders who may be at risk for continued non-
compliant behavior.
    Accordingly, CSOSA issued interim regulations to allow for public 
comment during the implementation of its procedures for the imposition 
of administrative sanctions. CSOSA received one comment on the interim 
regulations. The commenter, the Director of Corrections for Volunteers 
of America, a national, nonprofit organization, expressed support for 
the interim regulations. The commenter, citing previous technical 
violation pilot projects and guides produced by the Center for 
Effective Public Policy and the National Institute of Corrections, 
stated that CSOSA's interim regulations were what community corrections 
needs nationwide to effectively empower community supervision staff and 
reduce unnecessary paperwork and downtime for judges/judicial staff, 
parole commission and staff, and supervising agency staff. 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 810
    Probation and Parole.
Accordingly, CSOSA adopts the interim rule published at 66 FR 48336 
which added part 810 to chapter VIII, title 28 of the Code of Federal 
Regulations as a final rule without change.
Paul A. Quander, Jr.,
[FR Doc. 03-9932 Filed 4-21-03; 8:45 am]