[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
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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