21 August 2002
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[Federal Register: August 21, 2002 (Volume 67, Number 162)]
[Rules and Regulations]
[Page 54093-54098]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au02-5]

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COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF
COLUMBIA

28 CFR Part 811

[CSOSA-0005-I]
RIN 3225-AA03


District of Columbia Sex Offender Registration

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

ACTION: Interim Rule.

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SUMMARY: The Court Services and Offender Supervision Agency for the
District of Columbia (``CSOSA'') is issuing interim regulations that
set forth procedures and requirements relating to the registration of
sex offenders, verification of the information maintained on sex
offenders, and reporting of changes in that information. These
regulations carry out responsibilities of CSOSA under federal and
District of Columbia law.

DATES: Effective August 21, 2002; comments must be submitted by October
21, 2002; incorporation by reference of publications listed in the
regulation is approved by the Director of the Federal Register as of
August 21, 2002.

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 registration of sex offenders (28 CFR part 811).
    Under the Sex Offender Registration Act of 1999 (``SORA'' or
``Act'', D.C. Law 13-137, D.C. Official Code sections 22-4001 et seq.),
and section 166(a) of the Consolidated Appropriations Act, 2000 (Pub.
L. 106-113 section 166(a), 113 Stat. 1530; D.C. Official Code section
24-133(c)(5)), CSOSA is responsible for carrying out sex offender
registration functions in the District of Columbia, including
maintaining and operating the sex offender registry. The sex offender
registry contains information about sex offenders who live, reside,
work, or attend school in the District of Columbia. Information about
sex offenders and photographs, fingerprints, and supporting documents
are provided by CSOSA to the Metropolitan Police Department, which is
responsible for disclosing information about registered sex offenders
to the public in conformity with District of Columbia laws and
regulations. Appropriate information is also transmitted to the FBI,
which operates the National Sex Offender Registry, and to sex offender
registration authorities in other jurisdictions. This system is
designed to further public safety by facilitating effective law
enforcement, enabling members of the public to take lawful measures to
protect themselves and their families, and reducing offenders' exposure
to temptation to commit more crimes.
    CSOSA is adopting these interim regulations, which exercise and
implement powers and authorities of CSOSA under existing Federal and
District of Columbia laws and District of Columbia regulations, in
order to fully

[[Page 54094]]

effectuate the registration system and inform sex offenders and other
members of the public of the requirements for registration. These
regulations adopt and incorporate related regulations promulgated by
the District of Columbia government, 6A DCMR sections 400 et seq.;
include a statement of applicability; identify laws which provide for
official notice to sex offenders concerning their obligation to
register, but make it clear that lack of notice does not excuse a
failure to register; discuss facts on which a determination of a
person's obligation to register, the length of registration, and the
notification classification may be based; authorize suspension of
registration requirements during any period in which a sex offender is
detained, incarcerated, confined, civilly committed, or hospitalized in
a secure facility; set forth the duration of registration and the
method for calculating a ten-year registration period; detail the
obligations of sex offenders and CSOSA for initial registration;
describe what a person must do to obtain judicial review of a
determination that the person must register, or of a determination of
the person's classification for purposes of registration or
notification; detail the procedures and time limits for verification
and reporting changes in registration information; provide alternatives
for sex offenders who cannot comply with the time limits; describe the
penalties for failing to comply with the Sex Offender Registration Act
of 1999 or any procedures, requirements, rules, or regulations
promulgated under the Act; and notify sex offenders where they are to
direct information in writing or to appear in person.

Matters of Regulatory Procedure

Administrative Procedure Act

    The implementation of these regulations as interim regulations,
with provision for post-promulgation public comments, is based on the
``good cause'' exceptions found at 5 U.S.C. 553(b)(3)(B) and (d)(3).
The regulations implement, in part, section 166(a) of the Consolidated
Appropriations Act, 2000 (Pub. L. 106-113 section 166(a), 113 Stat.
1530; D.C. Official Code section 24-133(c)(5)), which directs CSOSA to
carry out sex offender registration functions in the District of
Columbia, and various provisions of District of Columbia law and
regulations, including sections 3, 8, 9 and 10 of the Sex Offender
Registration Act of 1999 (D.C. Official Code section 22-4002, 4007,
4008 & 4009) and 6A DCMR sections 405.1, 409.1, 409.2, 410.1, which
grant CSOSA the authority to make certain decisions and to adopt
procedures and requirements relating to sex offender registration in
the District of Columbia.
    As stated in the report of the District of Columbia Council's
Judiciary Committee for the District's Sex Offender Registration Act,
``[a] sex offender registration and notification program, if
appropriately designed and effectively implemented, can promote public
safety in at least three ways: by facilitating effective law
enforcement; by enabling members of the public to take direct measures
of a lawful nature for the protection of themselves and their families;
and by reducing registered offenders' exposure to temptation to commit
more offenses.'' Committee on the Judiciary, Report on Bill 13-250, The
Sex Offender Registration Act of 1999, at 3 (Nov. 15, 1999). Given the
importance of having accurate, complete, and up-to-date information
about sex offenders available to both law enforcement officials and to
the public, and the fact that the formulation of implementing
regulations closely follows the statutory framework and existing
District of Columbia regulations, it is impracticable and unnecessary
to adopt this rule with the prior notice and comment period normally
required under 5 U.S.C. 553(b) or with the delayed effective date
normally required under 5 U.S.C. 553(d). Moreover, as noted, the
collection of sex offender registration information and its release to
law enforcement and other agencies and the public pursuant to the Sex
Offender Registration Act of 1999 furthers important public safety
interests by facilitating the solution and prevention of crime by law
enforcement, enabling lawful community self-protection measures, and
reducing the temptation for recidivism. Delay in the full
implementation of the law--including the ability to prosecute and take
other actions in relation to sex offenders who fail to comply with its
requirements--would thwart or delay the realization of these public
safety benefits. Therefore, it would be contrary to the public interest
to adopt these regulations with the prior notice and comment period
normally required under 5 U.S.C. 553(b) or with the delayed effective
date normally required under 5 U.S.C. 553(d).
    For the foregoing reasons, CSOSA is issuing these regulations
without any delay in their effectiveness as an interim rule and without
a prior notice of proposed rulemaking. Any interested person, however,
who wishes to submit comments on the interim 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. CSOSA will consider
comments received during the comment period before taking final action
on the interim rule. Comments received after the expiration of the
comment period will be considered to the extent practicable. All
comments received remain on file for public inspection at the above
address.

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 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,

[[Page 54095]]

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 811

    Incorporation by Reference; Probation and Parole.

Paul A. Quander, Jr.,
Director.

    Accordingly, we amend chapter VIII, Title 28 of the Code of Federal
Regulations by adding a new Part 811 as set forth below.

PART 811--SEX OFFENDER REGISTRATION

Sec.
811.1   Purpose and scope; relation to District of Columbia
regulations.
811.2   Applicability.
811.3   Notice of obligation to register.
811.4   Determination of the obligation to register and the length
of registration.
811.5   Commencement of the obligation to register.
811.6   Duration of the obligation to register.
811.7   Initial registration.
811.8   Review of determination to register.
811.9   Periodic verification of registration information.
811.10   Changes in registration information.
811.11   Compliance.
811.12   Penalties.
811.13   Notices and appearances.
811.14   Definitions.
Appendix A to Part 811--Listing of Sex Offender Registration
Offenses by Class

    Authority: 5 U.S.C. 301; Pub. L. 105-33, 111 Stat. 251; Pub. L.
106-113, sec. 166(a), 113 Stat. 1530

Sec. 811.1  Purpose and scope; relation to District of Columbia
regulations.

    (a) In accordance with its sex offender registration functions
authorized by section 166(a) of the Consolidated Appropriations Act,
2000 (Pub. L. 106-113, sec. 166(a), 113 Stat. 1530; D.C. Official Code
secs. 24-133(c)(5)) and as further authorized by the Sex Offender
Registration Act of 1999 (``the Act,'' D.C. Law 13-137, D.C. Official
Code, secs. 22-4001 et seq.), the Court Services and Offender
Supervision Agency for the District of Columbia (``CSOSA'') operates
and maintains the sex offender registry for the District of Columbia.
The regulations in this part set forth procedures and requirements
relating to registration, verification, and changes in information for
sex offenders who live, reside, work, or attend school in the District
of Columbia.
    (b) Chapter 4 of Title 6A, District of Columbia Municipal
Regulations (DCMR)(47 D.C. Reg. 10042, December 22, 2000), contains
regulations issued by the government of the District of Columbia for
the sex offender registration system in the District of Columbia
(``District of Columbia regulations''). Chapter 4 of Title 6A, DCMR (47
D.C. Reg. 10042, December 22, 2000) is incorporated by reference in
this part with the approval of the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Chapter 4 of Title
6A, DCMR, is available for inspection at the Office of the Federal
Register, 800 N. Capitol Street, NW., Suite 700, Washington, DC. Copies
of Chapter 4 of Title 6A, DCMR, may be obtained from the District of
Columbia's Office of Documents and Administrative Issuances, 441 4th
Street, NW., Room 520S, Washington, DC 20001. CSOSA hereby adopts all
powers and authorities that the District of Columbia regulations
authorize CSOSA to exercise, and hereby adopts all procedures and
requirements that the District of Columbia regulations state that CSOSA
shall adopt or carry out, including but not limited to all such powers,
authorities, procedures and requirements relating to registration,
verification, and changes in information.

Sec. 811.2  Applicability.

    (a) Sex offender registration requirements apply to all persons who
live, reside, work, or attend school in the District of Columbia, and
who:
    (1) committed a registration offense on or after July 11, 2000;
    (2) committed a registration offense at any time and were in
custody or under supervision on or after July 11, 2000;
    (3) were required to register under the law of the District of
Columbia as was in effect on July 10, 2000; or
    (4) committed a registration offense at any time in another
jurisdiction and, within the registration period (see Secs. 811.5 and
811.6), entered the District of Columbia to live, reside, work or
attend school.
    (b) ``Committed a registration offense'' means that a person was
found guilty or found not guilty by reason of insanity of a
registration offense or was determined to be a sexual psychopath.
Registration offenses are defined in section 2(8) of the Sex Offender
Registration Act of 1999 (D.C. Official Code Sec. 22-4001(8)), subject
to the exceptions in section 17(b) of that Act (D.C. Official Code
section 22-4016), and are listed descriptively in the Appendix to Part
811 (which also provides information on registration and notification
classes). Any future revision to the statutory provisions designating
registration offenses will be effective notwithstanding the timing of
any conforming revision of these regulations, including the Appendix.

Sec. 811.3  Notice of obligation to register.

    (a) Sex offenders may be notified of their obligation to register
under various provisions of law. See sections 4, 6 and 8 of the Sex
Offender Registration Act of 1999 (D.C. Official Code sections 22-4003,
4005, 4007) (relating to notice by the District of Columbia Superior
Court, Department of Corrections, or CSOSA); 18 U.S.C. 4042(c)
(relating to notice by Federal Bureau of Prisons and probation
offices); 18 U.S.C. 3563(a)(8), 3583(d), 4209(a) (inclusion of
registration requirements as conditions of release under federal law);
42 U.S.C. 14071(b)(1) (notice under federal law standards for state sex
offender registration programs).
    (b) In some cases, sex offenders may not be notified of their
obligation to register. Lack of notice does not excuse a failure to
register because sex offenders have an independent obligation to
register. Persons who have been convicted or found not guilty by reason
of insanity of a sex offense or who have been determined to be a sexual
psychopath should report to CSOSA in order to ascertain whether they
are required to register.

Sec. 811.4  Determination of the obligation to register and the length
of registration.

    (a) If the Superior Court finds that a person committed a
registration offense, the Superior Court enters an order certifying
that the person is a sex offender and that the person is subject to
registration for a prescribed period of time (see Sec. 811.6).
    (b) If a court order has not been entered certifying that a person
is a sex offender and that the person is subject to registration for a
prescribed period of time, CSOSA makes those determinations. CSOSA also
determines the notification classification if the Court has not done
so. Facts on which CSOSA's determination may be based include:
    (1) The offense or offenses of conviction (or finding of not guilty
by reason of insanity) or a determination that the person is a sexual
psychopath;
    (2) For certain offenses, facts that may not be apparent on the
face of the

[[Page 54096]]

conviction (or finding of not guilty by reason of insanity), such as:
    (i) the age of the victim;
    (ii) whether force was involved; or
    (iii) whether the offense involved an undercover law enforcement
officer who was believed to be an adult;
    (3) Prior criminal history;
    (4) For an offense committed in or prosecuted under the law of
another jurisdiction, whether the offense involved conduct that was the
same as or substantially similar to a District of Columbia registration
offense; and
    (5) The amount of time that has elapsed as computed under
Sec. 811.6.

Sec. 811.5  Commencement of the obligation to register.

    (a) A sex offender's obligation to register starts when the sex
offender is found guilty or not guilty by reason of insanity of a
registration offense or is determined to be a sexual psychopath.
However, CSOSA may suspend registration requirements during any period
of time in which a sex offender is detained, incarcerated, confined,
civilly committed, or hospitalized in a secure facility.
    (b) A sex offender must register if the sex offender is placed on
probation, parole, supervised release, or convalescent leave, is
conditionally or unconditionally released from a secure facility, is
granted unaccompanied grounds privileges or other unaccompanied leave,
absconds or escapes, is otherwise not detained, incarcerated, confined,
civilly committed, or hospitalized in a secure facility, or enters the
District of Columbia from another jurisdiction to live, reside, work,
or attend school. Registration shall be effectuated as provided in
Sec. 811.7 and may be carried out prior to the occurrence of a
circumstance described in this paragraph, including the release of or
granting of leave to a sex offender.

Sec. 811.6  Duration of the obligation to register.

    (a) Lifetime registration. The registration period for a sex
offender who is required to register for life shall end upon the sex
offender's death.
    (b) Term of years registration. (1) The registration period for any
other sex offender shall end upon the expiration of the sex offender's
probation, parole, supervised release, conditional release, or
convalescent leave, or ten years after the sex offender is placed on
probation, parole, supervised release, conditional release, or
convalescent leave, or is unconditionally released from a correctional
facility, prison, hospital or other place of confinement, whichever is
latest.
    (2) In computing ten years, CSOSA will not count:
    (i) Any time in which the sex offender has failed to register or
otherwise failed to comply with requirements of the Act or any
procedures, requirements, rules, or regulations promulgated under the
Act, including these regulations and the District of Columbia
regulations;
    (ii) Any time in which a sex offender is detained, incarcerated,
confined, civilly committed, or hospitalized in a mental health
facility; and
    (iii) Any time in which a sex offender was registered prior to a
revocation of probation, parole, supervised release, conditional
release, or convalescent leave.
    (3) In computing ten years, CSOSA will count any time in which a
sex offender was registered in another jurisdiction unless that time is
not counted because of a circumstance set forth in paragraph (b)(2) of
this section.
    (c) Reversal, vacation, or pardon. A person's obligation to
register terminates if the person's conviction, finding of not guilty
by reason of insanity, or finding that the person is a sexual
psychopath is reversed or vacated, or if the person has been pardoned
for the offense on the ground of innocence, and the person has
committed no other offenses for which registration is required.
    (d) Termination of obligation to register in the District of
Columbia under other circumstances. A sex offender's obligation to
register in the District of Columbia terminates if the sex offender no
longer lives, resides, works or attends school in the District of
Columbia. However, the obligation to register in the District of
Columbia resumes if the sex offender re-enters the District of Columbia
within the registration period to live, reside, work or attend school.

Sec. 811.7  Initial registration.

    (a) Duties of sex offender. (1) A sex offender must notify CSOSA
within 3 days of the occurrence of any circumstance described in
Sec. 811.5(b), including but not limited to being sentenced to
probation, being released (including any escape or abscondance) from
incarceration or confinement, or entering the District of Columbia to
live, reside, work, or attend school.
    (2) A sex offender must meet with a responsible officer or
official, as directed by CSOSA, for the purpose of registration, and
must cooperate in such a meeting, including:
    (i) Providing any information required for registration and
cooperating in photographing and fingerprinting;
    (ii) Reviewing information obtained by CSOSA pursuant to paragraph
(b) of this section as CSOSA directs and either attesting to its
accuracy or setting forth in writing, under penalties of perjury, the
exact portion or portions that are not accurate; and
    (iii) Acknowledging receipt of information concerning the sex
offender's duties under the Act, including reading (or, if the sex
offender cannot read, listening to a reading of) and signing a form or
forms stating that these duties have been explained to the sex
offender.
    (3) In case of disagreement with CSOSA's determination that the
person must register or with CSOSA's determination of the person's
classification for purposes of registration or notification, the person
must follow the review procedures set forth in Sec. 811.8.
    (b) Duties of CSOSA. (1) CSOSA shall obtain information relating to
the sex offender for the purpose of registration including:
    (i) Name(s) and alias(es);
    (ii) Date of birth;
    (iii) Physical description such as sex, race, height, weight, eye
color, hair color, tattoos, scars, or other marks or characteristics;
    (iv) Social security, PDID, DCDC and FBI numbers;
    (v) Driver's license number and make, model, color, and license
plate number of any motor vehicle(s) the sex offender owns;
    (vi) A photograph and set of fingerprints;
    (vii) Current and/or anticipated home, school, work address(es) and
telephone number(s); and
    (viii) Other information that may assist CSOSA or the Metropolitan
Police Department in locating the sex offender.
    (2) CSOSA shall also obtain a detailed description of the
offense(s) on the basis of which a sex offender is required to
register, the presentence report(s), the victim impact statement(s),
the date(s) of conviction and any sentence(s) imposed, the sex
offender's criminal record and a detailed description of any relevant
offense or offenses, pertinent statutes and case law in other
jurisdictions, and any other information it deems useful in order to
determine a sex offender's obligation to register, term of
registration, and notification classification, to verify the accuracy
of the information provided, to assist other jurisdictions' sex
offender registration agencies and authorities, or to assist the
Metropolitan Police Department in its law enforcement functions.
    (3) CSOSA shall inform a sex offender of the sex offender's duty
to:

[[Page 54097]]

    (i) Comply with the requirements set forth in paragraph (a) of this
section for initial registration;
    (ii) Periodically verify the address(es) at which the sex offender
lives, resides, works, and/or attends school, and other information, as
provided in Sec. 811.9;
    (iii) Report any change of address and any other changes in
registration information (including changes in appearance), as provided
in Sec. 811.10;
    (iv) Notify CSOSA if the sex offender is moving to another
jurisdiction or works or attends school in another jurisdiction and to
register in any such jurisdiction; and
    (v) Comply with the requirements of the Act and any procedures,
requirements, rules, or regulations promulgated under the Act,
including these regulations and the District of Columbia regulations.
    (4) CSOSA shall inform the sex offender of the penalties for
failure to comply with the sex offender's duties.
    (5) If the Superior Court has not entered an order certifying that
a person is a sex offender, CSOSA shall inform the person that, if the
person disagrees with CSOSA's determination that the person must
register or CSOSA's determination of the person's classification for
purposes of registration or notification, then the person must follow
the review procedures set forth in Sec. 811.8. CSOSA shall provide the
person with a form to notify CSOSA of an intent to seek such review.

Sec. 811.8  Review of determination to register.

    (a) If a person, other than a person who has been certified as a
sex offender by the Court, disagrees with CSOSA's determination that
the person is subject to registration or with CSOSA's determination of
the person's classification for purposes of registration or
notification, the person may seek judicial review of the determination,
subject to the limitations of section 5(a)(1) of the Act (D.C. Official
Code Sec. 22-4004(a)(1)), by:
    (1) Immediately providing CSOSA with a notice of intent to seek
review upon being informed of the determination; and
    (2) Within 30 calendar days of the date on which the person is
informed of CSOSA's determination, filing a motion in the Superior
Court setting forth the disputed facts and attaching any documents or
affidavits upon which the person intends to rely.
    (b) A person who fails to comply with paragraph (a) of this section
may seek review of CSOSA's determination only in conformity with the
limitations of section 5(a)(1) of the Act (D.C. Official Code Section
4004(a)(1)) and for good cause shown and to prevent manifest injustice
by filing a motion in the Court within three years of the date on which
the person is informed of CSOSA's determination.

Sec. 811.9  Periodic verification of registration information.

    (a) Sex offenders who are required to register for life must verify
registration information quarterly pursuant to the procedures set forth
in paragraph (d) of this section.
    (b) All other sex offenders must verify registration information
annually pursuant to the procedures set forth in paragraph (d) of this
section.
    (c) Quarterly or annually, as appropriate, CSOSA will mail a
verification form to the home address of the sex offender.
    (d) The sex offender must correct any information on the form which
is inaccurate or out of date and must sign, thumb-print, and return the
form to CSOSA no later than 14 calendar days after the date on which
CSOSA placed it in the mail. The sex offender has the option of
returning the form by mail or in person unless:
    (1) The sex offender is also on probation, parole, or supervised
release or otherwise must report to CSOSA, and CSOSA directs the sex
offender to verify the registration information in person;
    (2) CSOSA directs the sex offender to appear in person because the
sex offender has previously failed to submit a timely verification or
submitted an incomplete or inaccurate verification; or
    (3) CSOSA directs the sex offender to appear in person for the
purpose of taking a new photograph documenting a significant change in
physical appearance or updating a photograph that is five or more years
old.

Sec. 811.10  Changes in registration information.

    (a)(1) A sex offender must notify CSOSA if the sex offender:
    (i) Ceases to live or reside at the registered address or moves to
a different address;
    (ii) leaves a job or obtains a new job, or leaves a school or
enrolls in a new school; or
    (iii) ceases to own or becomes an owner of any motor vehicle.
    (2) A sex offender must notify CSOSA if there is a significant
change in the sex offender's appearance and report as directed for the
purpose of having a new photograph taken. Any question regarding
whether a change in physical appearance is significant is to be
referred to CSOSA.
    (3) A sex offender must notify CSOSA if the sex offender is moving
to another jurisdiction or if the sex offender works or attends school
in another jurisdiction and must register in any such jurisdiction.
    (b) Notice of the changes described in paragraph (a) of this
section must be in writing and must be provided prior to the change if
feasible and in any event within three days of the change. Notices of
change in address or place of work or school attendance must include
new address, location, and phone number information. Notice relating to
ownership of a motor vehicle must include the make, model, color, and
license plate number of the vehicle.

Sec. 811.11  Compliance.

    (a) A sex offender may be excused from strict compliance with the
time limits set forth in these regulations if the sex offender notifies
CSOSA in advance of circumstances that will interfere with compliance
and makes alternative arrangements to satisfy the requirements or, in
the case of an emergency, notifies CSOSA as soon as the sex offender is
able to do so.
    (b) CSOSA may direct that a sex offender meet with a responsible
officer or official for the purpose of securing compliance or
discussing non-compliance with any requirements of the Act or any
procedures, requirements, rules, or regulations promulgated under the
Act, including these regulations and the District of Columbia
regulations.

Sec. 811.12  Penalties.

    A violation of the requirements of the Act or any procedures,
requirements, rules, or regulations promulgated under the Act,
including these regulations and the District of Columbia regulations,
may result in criminal prosecution under section 16 of the Act (D.C.
Official Code Section 22-4015), revocation of probation, parole,
supervised release, or conditional release, and extension of the
registration period under Sec. 811.6(b)(2).

Sec. 811.13  Notices and appearances.

    Unless otherwise directed by the Court or CSOSA,
    (a) Notices or reports that are required to be submitted in writing
should be sent to: Sex Offender Registration Unit, Court Services and
Offender Supervision Agency, Room 2002, 300 Indiana Avenue, NW.,
Washington, DC 20001.
    (b) A person who is required to report in person should go to: Sex
Offender Supervision Office, Court Services and Offender Supervision
Agency, Room

[[Page 54098]]

2002, 300 Indiana Avenue, NW., Washington, DC 20001.

Sec. 811.14  Definitions.

    (a) The terms ``attends school,'' ``Court,'' ``in custody or under
supervision,'' ``sex offender,'' and ``works'' shall have the same
meaning as set forth in Section 2 of the Sex Offender Registration Act
of 1999 (D.C. Official Code Section 22-4001).
    (b) The term ``the Act'' means the Sex Offender Registration Act of
1999 (D.C. Official Code Section 22-4001 et seq.).
    (c) The term ``days'' means business days unless otherwise
specified.
    (d) In relation to a motor vehicle, the term ``owns'' includes both
exclusive ownership and co-ownership, and the term ``owner'' includes
both exclusive owners and co-owners.

Appendix A to Part 811--Listing of Sex Offender Registration Offenses
by Class

Class A Offenders--All Lifetime Registrants

(D.C. Official Code Secs. 22-4001(6), 4002(b), 4011(b)(2)(A))

    1. Class A includes offenders who have been convicted or found
not guilty by reason of insanity of:
    (a) First degree sexual abuse;
    (b) Second degree sexual abuse;
    (c) Rape;
    (d) Forcible sodomy;
    (e) First degree child sexual abuse committed against a child
under 12;
    (f) Carnal knowledge (statutory rape) committed against a child
under 12;
    (g) Sodomy committed against a child under 12;
    (h) Murder committed before, during, or after engaging in or
attempting to engage in a sexual act or contact or rape;
    (i) Manslaughter committed before, during, or after engaging in
or attempting to engage in a sexual act or contact or rape;
    (j) Attempting to commit any of the foregoing offenses;
    (k) Conspiring to commit any of the foregoing offenses; or
    (l) Assault with intent to commit any of the foregoing offenses.
    2. Class A also includes offenders who:
    (a) In two or more trials or plea proceedings, have been
convicted or found not guilty by reason of insanity of a felony
registration offense or any registration offense against a minor.
(Recidivism).
    (b) In a single trial or plea proceeding, have been convicted or
found not guilty by reason of insanity of registration offenses
against two or more victims where each offense is a felony or
committed against a minor (Multiple victims).
    (c) Have been determined to be sexual psychopaths.
    3. Class A also includes offenders who have been convicted or
found not guilty by reason of insanity under the law of another
jurisdiction of offenses that involved conduct that is the same as
or substantially similar to that above.

Class B Offenders--``Ten Year'' Registrants

(Other Offenses Against Minors, Wards, Patients, or Clients)

(D.C. Official Code Secs. 22-4001(8), 4002(a), 4011(b)(2)(B))

    1. Class B includes offenders who are not included in Class A
and have been convicted or found not guilty by reason of insanity of
any of the following crimes against a minor (that is, a person under
the age of 18):
    (a) Third degree sexual abuse;
    (b) Fourth degree sexual abuse;
    (c) Misdemeanor sexual abuse;
    (d) First degree child sexual abuse;
    (e) Second degree child sexual abuse;
    (f) Carnal knowledge (statutory rape);
    (g) Sodomy committed against a minor;
    (h) Indecent acts on a child;
    (i) Enticing a child;
    (j) Lewd, indecent or obscene acts;
    (k) Sexual performance using a minor;
    (l) Incest;
    (m) Obscenity;
    (n) Prostitution/Pandering;
    (o) Assault (unwanted sexual touching);
    (p) Threatening to commit a sexual offense;
    (q) First or second degree burglary with intent to commit sex
offense;
    (r) Kidnapping (does not require a sexual purpose);
    (s) Assault with intent to commit any of the foregoing offenses;
    (t) Attempting to commit any of the foregoing offenses;
    (u) Conspiring to commit any of the foregoing offenses; or
    (v) Any offense against a minor for which the offender agreed in
a plea agreement to be subject to sex offender registration
requirements.
    2. Class B also includes offenders who are not included in Class
A and have been convicted or found not guilty by reason of insanity
of any of the following crimes regardless of the age of the victim:
    (a) First degree sexual abuse of a ward or resident of a
hospital, treatment facility or other institution.
    (b) Second degree sexual abuse of a ward or resident of a
hospital, treatment facility or other institution.
    (c) First degree sexual abuse of a patient or client.
    (d) Second degree sexual abuse of a patient or client.
    3. Class B also includes offenders who are not included in Class
A and have been convicted or found not guilty by reason of insanity
under the law of another jurisdiction of offenses that involved
conduct that is the same as or substantially similar to that above.

Class C Offenders--``Ten Year'' Registrants

(Other Offenses Against Adult Victims)

(D.C. Official Code Secs. 22-4001(8), 4002(a), 4011(b)(2)(C))

    1. Class C includes offenders who are not included in Class A or
Class B and have committed any of the following crimes against an
adult (that is, a person 18 years of age or older):
    (a) Third degree sexual abuse;
    (b) Fourth degree sexual abuse;
    (c) First or second degree burglary with intent to commit sex
offense;
    (d) Kidnapping with intent to commit sex offense;
    (e) Threatening to commit a sexual offense (felony);
    (f) Assault with intent to commit any of the foregoing offenses;
    (g) Attempting to commit any of the foregoing offenses;
    (h) Conspiring to commit any of the foregoing offenses, or;
    (i) Any offense for which the offender agreed in a plea
agreement to be subject to sex offender registration requirements.
    2. Class C also includes offenders who are not included in Class
A or Class B and have been convicted or found not guilty by reason
of insanity under the law of another jurisdiction of offenses that
involved conduct that is the same as or substantially similar to
that above.

Exceptions (D.C. Official Code Sec. 22-4016(b))

    The following do not constitute registration offenses:
    1. Any sexual offense between consenting adults or an attempt,
conspiracy or solicitation to commit such an offense, except for
offenses to which consent is not a defense as provided in Section
218 of the Anti-Sexual Abuse Act of 1994 (D.C. Official Code
Sec. 22-3017).
    2. Any misdemeanor offense that involved a person's sexual
touching or attempted or solicited sexual touching of an undercover
law enforcement officer where the person believed that the officer
was an adult.
    3. Any misdemeanor offense committed against an adult, except
where the offender agrees in a plea agreement to be subject to sex
offender registration requirements.

[FR Doc. 02-20468 Filed 8-20-02; 8:45 am]
BILLING CODE 3129-01-P