[Federal Register: September 20, 2001 (Volume 66, Number 183)]
[Rules and Regulations]               
[Page 48336-48338]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se01-4]                         

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COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF 
COLUMBIA

28 CFR Part 810

[CSOSA-0002-I]
RIN 3225-AA00

 
Community Supervision: Administrative Sanctions Schedule

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

ACTION: Interim rule.

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SUMMARY: In this document, the Court Services and Offender Supervision 
Agency for the District of Columbia (``CSOSA'') is adopting 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. 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.

DATES: Effective September 20, 2001; comments must be submitted by 
November 19, 2001.

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 imposition of administrative sanctions for offenders 
under CSOSA's supervision.
    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 intends to ensure the 
consistency, certainty, and timeliness of imposed sanctions for all 
offenders (parolees, probationers, and supervised releasees) under its 
supervision.
    Under these interim regulations, CSOSA establishes 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

[[Page 48337]]

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 necessary to revoke the offender's liberty 
in the community. The reduction in the number of referrals should 
benefit the court and the USPC. CSOSA believes that a supervisory 
program which emphasizes strict enforcement of the rules and which 
fosters a supportive relationship with the releasing authority will 
tend to have fewer problems with offender compliance. Fewer problems 
with offender compliance benefit both the community and the offender.

Matters of Regulatory Procedure

Administrative Procedure Act

    CSOSA is issuing the rule as final without general notice of 
proposed rulemaking and without any delay in its effectiveness because 
of the anticipated benefits to the public safety of the community, 
relief to the courts and the USPC, and to offenders under supervision 
who may be at risk for continued non-compliant behavior. 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 interim rule has been determined to be significant under 
Executive Order 12866 and has been reviewed 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 CSOSA's 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 810

    Probation and Parole.

Jasper Ormond,
Interim Director.

    Accordingly, we amend chapter VIII, Title 28 of the Code of Federal 
Regulations by adding a new part 810 as set forth below.

PART 810--COMMUNITY SUPERVISION: ADMINISTRATIVE SANCTIONS

Sec.
810.1  Supervision contact requirements.
810.2  Accountability contract.
810.3  Consequences of violating the conditions of supervision.

    Authority: Pub. L. 105-33, 111 Stat. 712 (D.C. Code 24-
1233(b)(2)(B)).


Sec. 810.1  Supervision contact requirements.

    If you are an offender under supervision by the Court Services and 
Offender Supervision Agency for the District of Columbia (``CSOSA''), 
CSOSA will establish a supervision level for you and your minimum 
contact requirement (that is, the minimum frequency of face-to-face 
interactions between you and a Community Supervision Officer 
(``CSO'')).


Sec. 810.2  Accountability contract.

    (a) Your CSO will instruct you to acknowledge your responsibilities 
and obligations of being under supervision (whether through probation, 
parole, or supervised release as granted by the releasing authority) by 
agreeing to an accountability contract with CSOSA.
    (b) The CSO is responsible for monitoring your compliance with the 
conditions of supervision. The accountability contract identifies the 
following specific activities constituting substance abuse or non-
criminal violations of your conditions of supervision.
    (1) Substance abuse violations.
    (i) Positive drug test.
    (ii) Failure to report for drug testing.
    (iii) Failure to appear for treatment sessions.
    (iv) Failure to complete inpatient/outpatient treatment 
programming.
    (2) Non-criminal violations.
    (i) Failure to report to the CSO.
    (ii) Leaving the judicial district without the permission of the 
court or the CSO.
    (iii) Failure to work regularly or attend training and/or school.
    (iv) Failure to notify the CSO of change of address and/or 
employment.
    (v) Frequenting places where controlled substances are illegally 
sold, used, distributed, or administered.
    (vi) Associating with persons engaged in criminal activity.
    (vii) Associating with a person convicted of a felony without the 
permission of the CSO.
    (viii) Failure to notify the CSO within 48 hours of being arrested 
or questioned by a law enforcement officer.
    (ix) Entering into an agreement to act as an informer or special 
agent of a law enforcement agency without the permission of the Court 
or the United States Parole Commission (``USPC'').
    (x) Failure to adhere to any general or special condition of 
release.
    (c) The accountability contract will identify a schedule of 
administrative

[[Page 48338]]

sanctions (see Sec. 810.3(b)) which may be imposed for your first 
violation and for subsequent violations.
    (d) The accountability contract will provide for a reduction in 
your supervision level and/or the removal of previously imposed 
sanctions if:
    (1) You maintain compliance for at least ninety days,
    (2) The Supervisory Community Supervision Officer concurs with this 
assessment, and
    (3) There are no additional reasons unrelated to the imposed 
sanction requiring the higher supervision level.


Sec. 810.3  Consequences of violating the conditions of supervision.

    (a) If your CSO has reason to believe that you are failing to abide 
by the general or specific conditions of release or you are engaging in 
criminal activity, you will be in violation of the conditions of your 
supervision. Your CSO may then impose administrative sanctions (see 
paragraph (b) of this section) and/or request a hearing by the 
releasing authority. This hearing may result in the revocation of your 
release or changes to the conditions of your release.
    (b) Administrative sanctions available to the CSO include:
    (1) Daily check-in with supervision for a specified period of time;
    (2) Increased group activities for a specified period of time;
    (3) Increased drug testing;
    (4) Increased supervision contact requirements;
    (5) Referral for substance abuse addiction or other specialized 
assessments;
    (6) Electronic monitoring for a specified period of time;
    (7) Community service for a specified number of hours;
    (8) Placement in a residential sanctions facility or residential 
treatment facility for a specified period of time.
    (9) Travel restrictions.
    (c) You remain subject to further action by the releasing 
authority. For example, the USPC may override the imposition of any of 
the sanctions in paragraph (b) of this section and issue a warrant or 
summons if you are a parolee and it finds that you are a risk to the 
public safety or that you are not complying in good faith with the 
sanctions (see 28 CFR 2.85(a)(15)).
[FR Doc. 01-23410 Filed 9-19-01; 8:45 am]
BILLING CODE 3129-01-P