[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]

[DOCID:fr22ap03-10]                         

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COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF 

COLUMBIA

28 CFR Part 810

[CSOSA-0002-F]

RIN 3225-AA00

Community Supervision: Administrative Sanctions

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 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.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Records Manager 

(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 

supervision.

    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 

FURTHER INFORMATION CONTACT captions.

List of Subjects in 28 CFR Part 810

    Probation and Parole.

PART 810--COMMUNITY SUPERVISION: ADMINISTRATIVE SANCTIONS

0

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.,

Director.

[FR Doc. 03-9932 Filed 4-21-03; 8:45 am]

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