Community Supervision: Administrative Sanctions and GPS Monitoring as a Supervision Tool, 29569-29571 [2015-12204]
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Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules
authorized by statutory authority providing
export authority notwithstanding the Arms
Export Control Act.
COURT SERVICES AND OFFENDER
SUPERVISION AGENCY FOR THE
DISTRICT OF COLUMBIA
(b) This section does not authorize
any department or agency of the U.S.
government to make any export that is
otherwise prohibited by virtue of other
administrative provisions or by any
statute.
(c) An Electronic Export Information
(EEI) filing, required under § 123.22 of
this subchapter, and a written statement
by the exporter certifying that these
requirements have been met must be
presented at the time of export to the
appropriate Port Directors of U.S.
Customs and Border Protection or
Department of Defense transmittal
authority. For any export made pursuant
to paragraph (a)(1) of this section, the
shipment documents (bill of lading,
airway bill, or other transportation
documents) must include the following
statement:
‘‘For official use by [insert U.S.
government department or agency].
Property will not enter the trade of the
country to which it is shipped. No
export license required per CFR Title
22, section 126.4. U.S. government point
of contact: [insert name and telephone
number]’’.
■ 18. Section 126.9 is amended by
revising paragraph (a) to read as follows:
28 CFR Part 810
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
§ 126.9 Advisory opinions and related
authorizations.
(a) Advisory opinion. A person may
request information from the Directorate
of Defense Trade Controls on whether it
would likely grant a license or other
approval for a particular defense article
or defense service to a particular
country. Such information from the
Directorate of Defense Trade Controls is
issued on a case-by-case basis and
applies only to the particular matters
presented to the Directorate of Defense
Trade Controls. These opinions are not
binding on the Department of State and
may not be used in future matters before
the Department. A request for an
advisory opinion must be made in
writing and must outline in detail the
equipment, its usage, the security
classification (if any) of the articles or
related technical data, and the country
or countries involved.
*
*
*
*
*
Rose E. Gottemoeller,
Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2015–12295 Filed 5–21–15; 8:45 am]
BILLING CODE 4710–25–P
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RIN 3225–AA00
Community Supervision:
Administrative Sanctions and GPS
Monitoring as a Supervision Tool
Court Services and Offender
Supervision Agency for the District of
Columbia.
ACTION: Proposed rule.
AGENCY:
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-toface 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
SUMMARY:
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29569
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.
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Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules
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)).
§ 810.1
Supervision contact requirements.
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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’’)).
§ 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
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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 § 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.
§ 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:
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(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)).
§ 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 § 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
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Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules
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).
Officer, Directorate of Oversight and
Compliance, Regulatory and Audit
Matters Office, 9010 Defense Pentagon,
Washington, DC 20301–9010.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
Federal Register document. The general
policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing on the Internet at
https://www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
Lt.
Col. Ryan Oakley, Office of Legal Policy,
703–571–9301.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–12204 Filed 5–21–15; 8:45 am]
The
Department of Defense is determined to
assist victims and witnesses of violent
crimes committed in violation of the
Uniform Code of Military Justice
(UCMJ).
BILLING CODE 3129–01–P
I. Purpose of the Regulatory Action
Dated: May 15, 2015.
Diane Bradley,
Assistant General Counsel.
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 114
[Docket ID: DOD–2014–OS–0131]
RIN 0790–AJ31
Victim and Witness Assistance
Under Secretary of Defense for
Personnel and Readiness (USD(P&R)),
DoD.
ACTION: Proposed rule.
AGENCY:
This regulatory action
updates established policy, assigned
responsibilities, and prescribed
procedures for the rights of crime
victims under the Uniform Code of
Military Justice (UCMJ). The rule
discusses notification requirements and
assistance available to victims and
witnesses of crime, as well as annual
reporting requirements on assistance
provided across the DoD to victims and
witnesses of crime.
DATES: Written comments must be
received on or before July 21, 2015.
ADDRESSES: You may submit comments,
identified by docket number and/or RIN
number and title, by any of the
following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Department of Defense, Office
of the Deputy Chief Management
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SUMMARY:
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SUPPLEMENTARY INFORMATION:
a. This rule establishes policy, assigns
responsibilities, and prescribes
procedures to assist victims and
witnesses of crimes committed in
violation the Uniform Code of Military
Justice (UCMJ), and updates established
policy, assigns responsibilities, and
prescribes procedures for the rights of
crime victims under the UCMJ and
required mechanisms for enforcement.
The rule also provides timely
notification of information and
assistance available to victims and
witnesses of crime from initial contact
through investigation, prosecution,
confinement, and release, annual
reporting requirements on assistance
provided across the DoD to victims and
witnesses of crime, and legal assistance
for crime victims entitled to such
services. The Military Services are
required to provide legal counsel,
known as Special Victims’ Counsel/
Victims’ Legal Counsel (SVC/VLC), to
assist victims of alleged sex-related
offenses under Articles 120, 120a, 120b,
120c, and 125 of the UCMJ, who are
eligible for legal assistance. The Military
Services are also required to establish a
special victim capability comprised of
specially trained criminal investigators,
judge advocates, paralegals, and victim/
witness assistance personnel to support
victims of covered special victim
offenses. To de-conflict with ‘‘Special
Victims’ Counsel’’ programs, this
distinct group of recognizable
professionals will be referred to, at the
DoD level, as the ‘‘Special Victim
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29571
Investigation and Prosecution (SVIP)’’
capability.
b. Authority: 10 U.S.C. chapter 47, the
UCMJ; 10 U.S.C. 113, 1034, 1044, 1044e
1058, 1059, and 1408; 18 U.S.C. 1512
through 1514; sections 1701 and 1716 of
Public Law 113–66, which strengthened
the rights of victims of crimes
committed under the UCMJ, and
designated SVC/VLC for victims of
covered offenses; section 573 of Public
Law 112–239, which required the
Military Services to establish a special
victim capability comprised of specially
trained investigators, judge advocates,
paralegals, and victim witness
assistance personnel to support victims
of covered offenses; and section 533 of
the Carl Levin and Howard P. ‘‘Buck’’
McKeon National Defense Authorization
Act for Fiscal Year 2015, which
extended eligibility for SVC/VLC
services to members of a reserve
component of the armed forces.
II. Summary of the Major Provisions of
the Regulatory Action in Question
This rule describes the
responsibilities that the USD(P&R),
Inspector General of the Department of
Defense, and DoD component heads
have when dealing with the procedures
described in the regulatory text. The
rule also discusses procedures involving
local responsible officials,
comprehensive information and services
to be provided to victims and witnesses,
special victim investigation and
prosecution (SVIP) capability, legal
assistance for crime victims, and special
victims’ counsel programs.
III. Costs and Benefits
The combined cost of annual
reporting requirements to the DoD and
Military Services related to DoD victim
and witness assistance programs
(VWAP) is approximately $12,317. DoD
VWAP programs are administered
directly by the DoD Components,
including the Military Services, at local
installations and regional commands
worldwide.
(1) A complete victim and witness
assistance policy, to ensure the
consistent and effective management of
DoD victim and witness assistance
programs operated by DoD Components.
The proposed rule updates and replaces
DoD Directive 1030.01, ‘‘Victim and
Witness Assistance’’ (April 13, 2004)
(available at https://www.dtic.mil/whs/
directives/corres/pdf/103001p.pdf), and
DoD Instruction 1030.2 ‘‘Victim and
Witness Procedures’’ (June 4, 2004)
(available at https://www.dtic.mil/whs/
directives/corres/pdf/103002p.pdf), to
implement statutory requirements for
the DoD victim assistance programs
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]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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 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
