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[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Proposed Rules]
[Pages 29569-29571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12204]

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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.

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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 stephanie.carrigg@csosa.gov. 
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
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