80 FR 29569 - Community Supervision: Administrative Sanctions and GPS Monitoring as a Supervision Tool
COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA Federal Register Volume 80, Issue 99 (May 22, 2015)
Federal Register Volume 80, Issue 99 (May 22, 2015)
| Page Range | 29569-29571 | |
| FR Document | 2015-12204 |
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)] [Proposed Rules] [Pages 29569-29571] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12204] ======================================================================= ----------------------------------------------------------------------- COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA 28 CFR Part 810 RIN 3225-AA00 Community Supervision: Administrative Sanctions and GPS Monitoring as a Supervision Tool AGENCY: Court Services and Offender Supervision Agency for the District of Columbia. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Court Services and Offender Supervision Agency for the District of Columbia (CSOSA) is proposing to amend its current rule regarding the conditions of release requirements for offenders under CSOSA supervision. In addition, CSOSA will expand the language of the regulation to detail and provide notice of when CSOSA Community Supervision Officers will use electronic monitoring as a tool to assist in supervision. DATES: Comments must be submitted July 21, 2015. ADDRESSES: Address all comments concerning this proposed rule to the Office of General Counsel, CSOSA, 13th Floor, 633 Indiana Avenue NW., Washington, DC 20004. FOR FURTHER INFORMATION CONTACT: Stephanie Carrigg, Assistant General Counsel, at (202) 220-5352 or by email at [email protected]. Questions about this publication are welcome, but inquiries concerning individual cases cannot be answered over the telephone. SUPPLEMENTARY INFORMATION: The Court Services and Offender Supervision Agency for the District of Columbia (CSOSA) is proposing to amend its regulations concerning the conditions of release requirements for offenders under CSOSA supervision. Specifically, these regulations pertain to the conditions of release that are imposed on an offender when under CSOSA supervision; specifically, the requirement to maintain a certain frequency of face-to-face contact with one's community supervision officer, and the conditions of release that are articulated in the accountability contract that the offender signs with CSOSA. These regulations also detail the consequences that an offender may face for violating the conditions of his or her supervision. With this amendment, CSOSA will revise the language to reflect that the regulations apply to probationers as well as parolees, and to offenders who are under supervised release. In addition, CSOSA will expand the language of the regulation to detail and provide notice of when CSOSA Community Supervision Officers will use electronic monitoring as a tool to assist in supervision. Currently, the regulations only reference electronic monitoring as an administrative sanction for an offender who has violated the general or specific conditions of release or who has engaged in criminal activity. The amended language will specify the circumstances under which electronic monitoring is used as a supervision tool, including but not limited to: instances when CSOSA's Community Supervision Services (CSS) Division issues directives to place offenders who fit a certain criminal behavioral pattern on electronic monitoring; and instances when CSS makes an individualized determination to place an offender on electronic monitoring based on an offender's noncompliance with the conditions of his supervised release or for other extenuating circumstances. Matters of Regulatory Procedure Administrative Procedure Act CSOSA is publishing the proposed rule for notice and comment as required by 5 U.S.C. 553(b)(3)(B). Executive Order 12866 CSOSA has determined that the proposed rule is not a significant rule within the meaning of Executive Order 12866. Executive Order 13132 The proposed 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. Under Executive Order 13132, this rule does not have sufficient federalism implications requiring a Federalism Assessment. Regulatory Flexibility Act The proposed rule will not have a significant economic impact upon a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 605(b). Unfunded Mandates Reform Act of 1995 The proposed rule will not cause State, local, or tribal governments, or the private sector, to spend $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. No action under the Unfunded Mandates Reform Act of 1995 is necessary. [[Page 29570]] Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle E--Congressional Review Act) The proposed rule is not a ``major rule'' as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 Subtitle E--Congressional Review Act), now codified at 5 U.S.C. 804(2). The 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 the ability of United States-based companies to compete with foreign-based companies. Moreover, this is a rule of agency practice or procedure that does not substantially affect the rights or obligations of non-agency parties, and does not come within the meaning of the term ``rule'' as used in Section 804(3)(C), now codified at 5 U.S.C. 804(3)(C). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. Authority: D.C. Code 24-1233(b)(2)(B). List of Subjects in 28 CFR Part 810 Probation and parole. For the reasons set forth in the preamble, CSOSA proposes to revise 28 CFR part 810 to read as follows: Part 810--Community Supervision: Administrative Sanctions and GPS Monitoring as a Supervision Tool Sec. 810.1 Supervision contact requirements. 810.2 Accountability contract. 810.3 Consequences of violating the conditions of supervision. 810.4 Community supervision: Global Position System monitoring. 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. The activities that constitute violations include, but are not limited to, the activities listed in paragraphs (b)(1) and (2) of this section. (1) Substance abuse violations. (i) Having a positive drug test. (ii) Failing to report for drug testing. (iii) Failing to appear for treatment sessions. (iv) Failing to complete inpatient/outpatient treatment programming. (2) Non-criminal violations. (i) Failing to report to the CSO. (ii) Leaving the judicial district without the permission of the CSO. (iii) Failing to work regularly or attend training and/or school. (iv) Failing to notify the CSO of a 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) Failing 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 act in a confidential relationship with a law enforcement agency without the permission of the releasing authority. (x) Failing to adhere to any general or special condition of release. (c) The accountability contract will identify a schedule of administrative sanctions (see Sec. 810.3(b)) that may be imposed for your first violation and for subsequent violations. (d) The accountability contract will provide for positive reinforcements for compliant behavior. 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, but are not limited to: (1) Agency or releasing authority reprimand (oral or written) (2) Daily check-in with Agency supervision for a specified period of time; (3) Increased group activities for a specified period of time; (4) Increased drug testing; (5) Increased supervision contact requirements; (6) Referral for substance abuse addiction or other specialized assessments; (7) Global Position System (GPS) monitoring for a specified period of time; (8) 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; and (9) Travel restrictions. (c) You remain subject to further action by the releasing authority. For example, the releasing authority may override the imposition of any of the sanctions in paragraph (b) of this section and issue a warrant or summons if 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)). Sec. 810.4 Community supervision: Global Position System monitoring. (a) In addition to being placed on Global Position System (GPS) monitoring as a condition of release (see 28 CFR 2.85(b); DC Code section 24-131(a)(3)), or as an administrative sanction, (see Sec. 810.3(b)), CSOSA may place you on GPS monitoring as a tool to assist with your supervision. Circumstances under which a CSO may place you on GPS monitoring include, but are not limited to, the following events: (1) CSS-issued directives to place offenders who fit a certain profile on GPS monitoring. Pursuant to intelligence received or deterrence efforts initiated by law enforcement, CSOSA may elect to place a group of offenders that fit a certain criminal behavioral pattern on GPS monitoring. Separately, and as a result of information that is already in the Agency's possession, CSOSA may issue directives to supervision staff to place offenders who meet certain characteristics on GPS monitoring. In all of the aforementioned instances, the decision to place a group of offenders on GPS monitoring ultimately rests with CSOSA. (2) Individualized determinations to place offenders on GPS monitoring. CSOs make individualized [[Page 29571]] determinations as to whether to place offenders on GPS monitoring. If an offender is engaged in behavior that puts the offender at a high risk for reoffending or for harm to the offender or others, the offender's CSO may elect to place that offender on GPS monitoring. In all of the aforementioned instances, the decision to place an offender on GPS monitoring ultimately lies with the CSO, although it is subject to review and approval by the CSO's supervisory chain of command. (b) Unless the releasing authority specifies a different timeframe, CSOSA will place an offender on GPS monitoring for an initial period of thirty (30) days. An offender's CSO may extend the monitoring period for up to ninety (90) days. Extensions past ninety (90) days may be done in thirty (30) day increments and must be reviewed and approved by a Supervisory CSO (SCSO). Dated: May 15, 2015. Diane Bradley, Assistant General Counsel. [FR Doc. 2015-12204 Filed 5-21-15; 8:45 am] BILLING CODE 3129-01-P
![Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 29569
authorized by statutory authority providing COURT SERVICES AND OFFENDER are under supervised release. In
export authority notwithstanding the Arms SUPERVISION AGENCY FOR THE addition, CSOSA will expand the
Export Control Act. DISTRICT OF COLUMBIA language of the regulation to detail and
provide notice of when CSOSA
(b) This section does not authorize 28 CFR Part 810 Community Supervision Officers will
any department or agency of the U.S. use electronic monitoring as a tool to
government to make any export that is RIN 3225–AA00
assist in supervision. Currently, the
otherwise prohibited by virtue of other regulations only reference electronic
Community Supervision:
administrative provisions or by any Administrative Sanctions and GPS monitoring as an administrative
statute. Monitoring as a Supervision Tool sanction for an offender who has
(c) An Electronic Export Information violated the general or specific
(EEI) filing, required under § 123.22 of AGENCY: Court Services and Offender conditions of release or who has
this subchapter, and a written statement Supervision Agency for the District of engaged in criminal activity. The
Columbia. amended language will specify the
by the exporter certifying that these
requirements have been met must be ACTION: Proposed rule. circumstances under which electronic
presented at the time of export to the monitoring is used as a supervision tool,
SUMMARY: In this document, the Court including but not limited to: instances
appropriate Port Directors of U.S. Services and Offender Supervision
Customs and Border Protection or when CSOSA’s Community Supervision
Agency for the District of Columbia Services (CSS) Division issues directives
Department of Defense transmittal (CSOSA) is proposing to amend its to place offenders who fit a certain
authority. For any export made pursuant current rule regarding the conditions of criminal behavioral pattern on
to paragraph (a)(1) of this section, the release requirements for offenders under electronic monitoring; and instances
shipment documents (bill of lading, CSOSA supervision. In addition, when CSS makes an individualized
airway bill, or other transportation CSOSA will expand the language of the determination to place an offender on
documents) must include the following regulation to detail and provide notice electronic monitoring based on an
statement: of when CSOSA Community offender’s noncompliance with the
‘‘For official use by [insert U.S. Supervision Officers will use electronic conditions of his supervised release or
government department or agency]. monitoring as a tool to assist in for other extenuating circumstances.
Property will not enter the trade of the supervision.
Matters of Regulatory Procedure
country to which it is shipped. No DATES: Comments must be submitted
export license required per CFR Title July 21, 2015. Administrative Procedure Act
22, section 126.4. U.S. government point ADDRESSES: Address all comments CSOSA is publishing the proposed
of contact: [insert name and telephone concerning this proposed rule to the rule for notice and comment as required
number]’’. Office of General Counsel, CSOSA, 13th by 5 U.S.C. 553(b)(3)(B).
■ 18. Section 126.9 is amended by
Floor, 633 Indiana Avenue NW.,
Executive Order 12866
revising paragraph (a) to read as follows: Washington, DC 20004.
FOR FURTHER INFORMATION CONTACT: CSOSA has determined that the
§ 126.9 Advisory opinions and related Stephanie Carrigg, Assistant General proposed rule is not a significant rule
authorizations. Counsel, at (202) 220–5352 or by email within the meaning of Executive Order
at stephanie.carrigg@csosa.gov. 12866.
(a) Advisory opinion. A person may
request information from the Directorate Questions about this publication are Executive Order 13132
of Defense Trade Controls on whether it welcome, but inquiries concerning
The proposed rule will not have
individual cases cannot be answered
would likely grant a license or other substantial direct effects on the States,
over the telephone.
approval for a particular defense article on the relationship between the national
SUPPLEMENTARY INFORMATION: The Court government and the States, or on the
or defense service to a particular
country. Such information from the Services and Offender Supervision distribution of power and
Directorate of Defense Trade Controls is Agency for the District of Columbia responsibilities among the various
(CSOSA) is proposing to amend its levels of government. Under Executive
issued on a case-by-case basis and
regulations concerning the conditions of Order 13132, this rule does not have
applies only to the particular matters
release requirements for offenders under sufficient federalism implications
presented to the Directorate of Defense
CSOSA supervision. Specifically, these requiring a Federalism Assessment.
Trade Controls. These opinions are not
regulations pertain to the conditions of
binding on the Department of State and Regulatory Flexibility Act
release that are imposed on an offender
may not be used in future matters before when under CSOSA supervision;
the Department. A request for an The proposed rule will not have a
specifically, the requirement to significant economic impact upon a
advisory opinion must be made in maintain a certain frequency of face-to- substantial number of small entities
writing and must outline in detail the face contact with one’s community within the meaning of the Regulatory
equipment, its usage, the security supervision officer, and the conditions Flexibility Act, 5 U.S.C. 605(b).
classification (if any) of the articles or of release that are articulated in the
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
related technical data, and the country accountability contract that the offender Unfunded Mandates Reform Act of 1995
or countries involved. signs with CSOSA. These regulations The proposed rule will not cause
* * * * * also detail the consequences that an State, local, or tribal governments, or the
offender may face for violating the private sector, to spend $100,000,000 or
Rose E. Gottemoeller, more in any one year, and it will not
conditions of his or her supervision.
Under Secretary, Arms Control and With this amendment, CSOSA will significantly or uniquely affect small
International Security, Department of State. revise the language to reflect that the governments. No action under the
[FR Doc. 2015–12295 Filed 5–21–15; 8:45 am] regulations apply to probationers as Unfunded Mandates Reform Act of 1995
BILLING CODE 4710–25–P well as parolees, and to offenders who is necessary.
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![Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 29571
determinations as to whether to place Officer, Directorate of Oversight and Investigation and Prosecution (SVIP)’’
offenders on GPS monitoring. If an Compliance, Regulatory and Audit capability.
offender is engaged in behavior that Matters Office, 9010 Defense Pentagon, b. Authority: 10 U.S.C. chapter 47, the
puts the offender at a high risk for Washington, DC 20301–9010. UCMJ; 10 U.S.C. 113, 1034, 1044, 1044e
reoffending or for harm to the offender Instructions: All submissions received 1058, 1059, and 1408; 18 U.S.C. 1512
or others, the offender’s CSO may elect must include the agency name and through 1514; sections 1701 and 1716 of
to place that offender on GPS docket number or Regulatory Public Law 113–66, which strengthened
monitoring. In all of the aforementioned Information Number (RIN) for this the rights of victims of crimes
instances, the decision to place an Federal Register document. The general committed under the UCMJ, and
offender on GPS monitoring ultimately policy for comments and other designated SVC/VLC for victims of
lies with the CSO, although it is subject submissions from members of the public covered offenses; section 573 of Public
to review and approval by the CSO’s is to make these submissions available Law 112–239, which required the
supervisory chain of command. for public viewing on the Internet at Military Services to establish a special
(b) Unless the releasing authority http://www.regulations.gov as they are victim capability comprised of specially
specifies a different timeframe, CSOSA received without change, including any trained investigators, judge advocates,
will place an offender on GPS personal identifiers or contact paralegals, and victim witness
monitoring for an initial period of thirty information. assistance personnel to support victims
(30) days. An offender’s CSO may of covered offenses; and section 533 of
extend the monitoring period for up to FOR FURTHER INFORMATION CONTACT: Lt. the Carl Levin and Howard P. ‘‘Buck’’
ninety (90) days. Extensions past ninety Col. Ryan Oakley, Office of Legal Policy, McKeon National Defense Authorization
(90) days may be done in thirty (30) day 703–571–9301. Act for Fiscal Year 2015, which
increments and must be reviewed and SUPPLEMENTARY INFORMATION: The extended eligibility for SVC/VLC
approved by a Supervisory CSO (SCSO). Department of Defense is determined to services to members of a reserve
Dated: May 15, 2015. assist victims and witnesses of violent component of the armed forces.
Diane Bradley, crimes committed in violation of the II. Summary of the Major Provisions of
Assistant General Counsel. Uniform Code of Military Justice the Regulatory Action in Question
[FR Doc. 2015–12204 Filed 5–21–15; 8:45 am] (UCMJ). This rule describes the
BILLING CODE 3129–01–P I. Purpose of the Regulatory Action responsibilities that the USD(P&R),
Inspector General of the Department of
a. This rule establishes policy, assigns Defense, and DoD component heads
DEPARTMENT OF DEFENSE responsibilities, and prescribes have when dealing with the procedures
procedures to assist victims and described in the regulatory text. The
Office of the Secretary witnesses of crimes committed in rule also discusses procedures involving
violation the Uniform Code of Military local responsible officials,
32 CFR Part 114 Justice (UCMJ), and updates established comprehensive information and services
[Docket ID: DOD–2014–OS–0131]
policy, assigns responsibilities, and to be provided to victims and witnesses,
prescribes procedures for the rights of special victim investigation and
RIN 0790–AJ31 crime victims under the UCMJ and prosecution (SVIP) capability, legal
required mechanisms for enforcement. assistance for crime victims, and special
Victim and Witness Assistance The rule also provides timely victims’ counsel programs.
AGENCY: Under Secretary of Defense for notification of information and
Personnel and Readiness (USD(P&R)), assistance available to victims and III. Costs and Benefits
DoD. witnesses of crime from initial contact The combined cost of annual
ACTION: Proposed rule. through investigation, prosecution, reporting requirements to the DoD and
confinement, and release, annual Military Services related to DoD victim
SUMMARY: This regulatory action reporting requirements on assistance and witness assistance programs
updates established policy, assigned provided across the DoD to victims and (VWAP) is approximately $12,317. DoD
responsibilities, and prescribed witnesses of crime, and legal assistance VWAP programs are administered
procedures for the rights of crime for crime victims entitled to such directly by the DoD Components,
victims under the Uniform Code of services. The Military Services are including the Military Services, at local
Military Justice (UCMJ). The rule required to provide legal counsel, installations and regional commands
discusses notification requirements and known as Special Victims’ Counsel/ worldwide.
assistance available to victims and Victims’ Legal Counsel (SVC/VLC), to (1) A complete victim and witness
witnesses of crime, as well as annual assist victims of alleged sex-related assistance policy, to ensure the
reporting requirements on assistance offenses under Articles 120, 120a, 120b, consistent and effective management of
provided across the DoD to victims and 120c, and 125 of the UCMJ, who are DoD victim and witness assistance
witnesses of crime. eligible for legal assistance. The Military programs operated by DoD Components.
DATES: Written comments must be Services are also required to establish a The proposed rule updates and replaces
received on or before July 21, 2015. special victim capability comprised of DoD Directive 1030.01, ‘‘Victim and
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
ADDRESSES: You may submit comments, specially trained criminal investigators, Witness Assistance’’ (April 13, 2004)
identified by docket number and/or RIN judge advocates, paralegals, and victim/ (available at http://www.dtic.mil/whs/
number and title, by any of the witness assistance personnel to support directives/corres/pdf/103001p.pdf), and
following methods: victims of covered special victim DoD Instruction 1030.2 ‘‘Victim and
• Federal Rulemaking Portal: http:// offenses. To de-conflict with ‘‘Special Witness Procedures’’ (June 4, 2004)
www.regulations.gov. Follow the Victims’ Counsel’’ programs, this (available at http://www.dtic.mil/whs/
instructions for submitting comments. distinct group of recognizable directives/corres/pdf/103002p.pdf), to
• Mail: Department of Defense, Office professionals will be referred to, at the implement statutory requirements for
of the Deputy Chief Management DoD level, as the ‘‘Special Victim the DoD victim assistance programs
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Document Created: 2015-12-15 15:46:11
Document Modified: 2015-12-15 15:46:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be submitted July 21, 2015. | |
| Contact | Stephanie Carrigg, Assistant General Counsel, at (202) 220-5352 or by email at [email protected] Questions about this publication are welcome, but inquiries concerning individual cases cannot be answered over the telephone. | |
| FR Citation | 80 FR 29569 | |
| RIN Number | 3225-AA00 |
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