[Federal Register: January 8, 2001 (Volume 66, Number 5)]
[Rules and Regulations]               
[Page 1259-1262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja01-4]                         

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COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF 
COLUMBIA

28 CFR Chapter VIII

[CSOSA-0001]
RIN 3225-ZA00

 
Organization and Functions

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

ACTION: Final rule.

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SUMMARY: The Court Services and Offender Supervision Agency for the 
District of Columbia (``CSOSA'') is issuing regulations describing its 
organization and general functions. This description includes 
information on the District of Columbia Pretrial Services Agency 
(``PSA''), an independent entity within CSOSA. CSOSA provides 
supervisory and treatment services to individuals on probation, parole 
and supervised release for District of Columbia Code violations. CSOSA 
also

[[Page 1260]]

provides supervisory and treatment services to offenders from other 
jurisdictions in accordance with the Interstate Parole and Probation 
Compact. PSA supervises, monitors and provides treatment services to 
defendants in the U.S. District Court and the United States Court of 
Appeals for the District of Columbia Circuit and to individuals on 
pretrial release for District of Columbia Code violations.

EFFECTIVE DATE: January 8, 2001.

ADDRESSES: Office of 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'') was established within 
the Executive Branch of the Federal Government by the National Capital 
Revitalization and Self-Government Improvement Act of 1997 
(``Revitalization Act''), Pub. L. 105-33, 111 Stat. 251, 712 (D.C. Code 
24-1232, 24-1233). On August 4, 2000, CSOSA was certified by the 
Attorney General as an independent Federal agency.
    The Revitalization Act requires CSOSA to provide supervision, 
through qualified supervision officers, to offenders on probation, 
parole, and supervised release for violation of District of Columbia 
Code offenses. Accordingly, CSOSA supervises all offenders placed on 
probation by the Superior Court of the District of Columbia, and all 
individuals on parole pursuant to the District of Columbia Code. CSOSA 
provides supervision to offenders from other jurisdictions in 
accordance with the provisions of the Interstate Parole and Probation 
Compact. In accordance with its supervisory functions and as authorized 
by the Sex Offender Registration Act of 1999 (DC Law 13-137, D.C. Code 
24-1101 et seq.), CSOSA operates and maintains the sex offender 
registry for the District of Columbia.
    The DC Pretrial Services Agency (``PSA''), an independent entity 
within CSOSA, assists the trial and appellate levels of both the 
federal and local courts in determining eligibility for pretrial 
release by providing verified background information and criminal 
histories on all arrestees and recommendations about available release 
options. PSA is further responsible for supervising defendants released 
from custody during the pretrial period by monitoring compliance with 
conditions of release and by ensuring that they appear for scheduled 
court hearings. PSA also provides defendants with the opportunity to 
participate in a variety of social intervention programs that decrease 
the likelihood of future criminal behavior.
    CSOSA's mission is to increase public safety, prevent crime, reduce 
recidivism, and support the fair administration of justice in close 
collaboration with the community. Law enforcement agencies, the courts, 
corrections, and parole authorities each play critical roles in 
addressing crime and ensuring public safety. CSOSA, together with PSA, 
coordinates closely with these entities to fulfill its role in the 
criminal justice process by providing supervisory and treatment 
services to individuals on pretrial release, probation, parole and 
supervised release, and by assisting federal and local courts in 
determining eligibility for release.
    CSOSA's regulations are being codified in Chapter VIII of Title 28 
of the Code of Federal Regulations. Part 800 consists of a general 
statement of organization and functions, including addresses for 
CSOSA's and PSA's central and field offices, and addresses for 
submitting Freedom of Information Act/Privacy Act requests, legal 
process, and tort claims. A more detailed statement of organization and 
functions will appear in the ``United States Government Manual.''

Matters of Regulatory Procedure

Administrative Procedure Act

    Because this rule pertains to agency organization, CSOSA is issuing 
the rule as final without general notice of proposed rulemaking and 
without any delay in its effectiveness. Any interested person, however, 
who wishes to submit comments on the 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.

Executive Order 12866

    This rule falls within a category of actions that the Office of 
Management and Budget (OMB) has determined not to constitute 
``significant regulatory actions'' under section 3(f) of Executive 
Order 12866 and, accordingly, CSOSA did not formally submit it to OMB 
for review.

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 CSOSA's Records Manager (Roy 
Nanovic), at the address or telephone number given above in the 
``Addresses'' and ``For Further Information Contact'' captions.

[[Page 1261]]

List of Subjects in 28 CFR Part 800

    Organization and Functions (Government Agencies); Probation and 
Parole.

Jasper Ormond,
Interim Director.

    Accordingly, we amend Title 28 of the Code of Federal Regulations 
by adding a new chapter VIII, consisting of Part 800 to read as 
follows:

Chapter VIII--Court Services and Offender Supervision Agency for 
the District of Columbia

PART 800--ORGANIZATION AND FUNCTIONS

Sec.
800.1   Statutory authorization.
800.2   Mission.
800.3   Functions and responsibilities.
800.4   Director.
800.5   Agency components.
Appendix A.

    Authority: 5 U.S.C. 301; Pub. L. 105-33, 111 Stat. 251, 712 
(D.C. Code 24-1232, 24-1233).


Sec. 800.1  Statutory authorization.

    The National Capital Revitalization and Self-Government Improvement 
Act of 1997 (``Revitalization Act'') established the Court Services and 
Offender Supervision Agency for the District of Columbia (``CSOSA'') 
within the federal government as an independent executive branch agency 
and placed the District of Columbia Pretrial Services Agency as an 
independent entity within CSOSA. In addition, the District of Columbia 
Public Defender Service, an independent District of Columbia agency, 
receives its appropriated federal funds through a transfer from CSOSA.


Sec. 800.2  Mission.

    CSOSA's mission is to increase public safety, prevent crime, reduce 
recidivism, and support the fair administration of justice in close 
collaboration with the community.


Sec. 800.3  Functions and responsibilities.

    (a) Community Supervision Services. (1) The Revitalization Act 
requires CSOSA to provide supervision, through qualified supervision 
officers, to offenders on probation, parole, and supervised release for 
violation of District of Columbia Code offenses. The Agency carries out 
its responsibilities on behalf of the court or agency having 
jurisdiction over the person being supervised. Accordingly, CSOSA 
supervises all offenders placed on probation by the Superior Court of 
the District of Columbia, and all individuals on parole pursuant to the 
District of Columbia Code. CSOSA supervises offenders from other 
jurisdictions in accordance with the provisions of the Interstate 
Parole and Probation Compact.
    (2) CSOSA is also required to determine uniform supervision and 
reporting practices, develop and operate intermediate sanctions 
programs for sentenced offenders, and arrange for the supervision of 
District of Columbia Code offenders in jurisdictions outside the 
District of Columbia.
    (3) In accordance with its supervisory functions and as authorized 
by the Sex Offender Registration Act of 1999 (D.C. Law 13-137, D.C. 
Code 24-1101 et seq.), CSOSA operates and maintains the sex offender 
registry for the District of Columbia.
    (b) Pretrial Services. (1) The District of Columbia Pretrial 
Services Agency (``PSA'') assists the trial and appellate levels of 
both the federal and local courts in determining eligibility for 
pretrial release by providing verified background information and 
criminal histories on all arrestees and recommendations about available 
release options.
    (2) PSA is further responsible for supervising defendants released 
from custody during the pretrial period by monitoring compliance with 
conditions of release and by ensuring that they appear for scheduled 
court hearings.
    (3) PSA also provides defendants with the opportunity to 
participate in a variety of social intervention programs that decrease 
the likelihood of future criminal behavior.


Sec. 800.4  Director.

    (a) CSOSA is headed by a Director appointed by the President, by 
and with the advice and consent of the Senate, for a term of six years.
    (b) PSA is headed by a Director appointed by the Chief Judge of the 
United States Court of Appeals for the District of Columbia Circuit and 
the Chief Judge of the United States District Court for the District of 
Columbia in consultation with an Executive Committee. The Executive 
Committee includes the four chief judges of the local and Federal trial 
and appellate courts, the United States Attorney for the District of 
Columbia, the Director of the District of Columbia Public Defender 
Service, and the Director of CSOSA.


Sec. 800.5  Agency components.

    (a) CSOSA.
    (1) Office of the Director (including the Deputy Director).
    (2) Office of the General Counsel.
    (3) Community Supervision Services.
    (4) Office of Community Justice Programs.
    (5) Special Criminal Justice Projects.
    (6) Office of Planning and Evaluation.
    (7) Office of Professional Responsibility.
    (8) Equal Employment Opportunity, Diversity, and Special Programs.
    (9) Office of Legislative, Intergovernmental, and Public Affairs.
    (10) Information Technology Services.
    (11) Office of Management and Administration.
    (12) Office of Human Resources.
    (b) PSA.
    (1) Office of the Director (including the Deputy Director).
    (2) Planning, Analysis and Evaluation.
    (3) Community Justice Programs.
    (4) Office of Operations (including Information Technology and 
Forensic Toxicology and Drug Testing Laboratory).
    (5) Human Resources Management.
    (6) Finance and Administration.

Appendix A to Part 800--Agency Addresses

I. Central Offices

Court Services and Offender Supervision Agency for the District of 
Columbia, 633 Indiana Avenue, NW., Washington, DC 20004
CSOSA Community Supervision Services, 300 Indiana Avenue, NW., 
Washington, DC 20001
District of Columbia Pretrial Services Agency, 633 Indiana Avenue, 
NW., Washington, DC 20004

II. Field Offices

Court Services and Offender Supervision Agency for the District of 
Columbia/Community Supervision Services

CSS Field Office, 409 E. Street, NW., Washington, DC 20001
CSS Field Office, 401 New York Avenue, NE., Washington, DC 20002
CSS Field Office, 1707 Kalorama Road, NW., Washington, DC 20009
CSS Field Office, 1418 Good Hope Road, SE., Washington, DC 20020
CSS Field Office, 3850 S. Capitol Street, SE., Washington, DC 20032
CSS Field Office, 1230 Taylor Street, NW., Washington, DC 20011

District of Columbia Pretrial Services Agency

Office of Operations Branch, 300 Indiana Avenue, NW., Washington, DC 
20001
Office of Operations Branch, 500 Indiana Avenue, NW., Washington, DC 
20001
Office of Operations Branch, 333 Constitution Avenue, NW., 
Washington, DC 20001
Office of Operations Branch, 601 Indiana Avenue, NW., Washington, DC 
20004

IV. FOIA/PA Requests (CSOSA and PSA)

Office of the General Counsel (FOIA), Court Services and Offender 
Supervision Agency for the District of Columbia, 633 Indiana Avenue, 
NW., Washington, DC 20004

[[Page 1262]]

IV. Service of Process (CSOSA and PSA, except for PSA subpoenas)

Office of the General Counsel, Court Services and Offender 
Supervision Agency for the District of Columbia, 633 Indiana Avenue, 
NW., Washington, DC 20004

V. Tort Claims (CSOSA and PSA)

Office of the General Counsel, Court Services and Offender 
Supervision Agency for the District of Columbia, 633 Indiana Avenue, 
NW., Washington, DC 20004

[FR Doc. 01-395 Filed 1-5-01; 8:45 am]
BILLING CODE 3129-01-P