Department of Justice April 2005 – Federal Register Recent Federal Regulation Documents

The Department of Justice is publishing this interim rule to implement 18 U.S.C. 3600A. That statute requires the Federal Government to preserve biological evidence in Federal criminal cases in which defendants are under sentences of imprisonment, subject to certain limitations and exceptions. Subsection (e) of the statute requires the Attorney General to promulgate regulations to implement and enforce the statute. This rule adds a new subpart C to 28 CFR part 28 to effect the required implementation and enforcement of 18 U.S.C. 3600A. The new provisions added by this rule explain and interpret the evidence preservation requirement of 18 U.S.C. 3600A, and include provisions concerning sanctions for violations of that requirement.

The Coordinating Council on Juvenile Justice and Delinquency Prevention (Council) is announcing the June 3, 2005, meeting of the Council.

The Department of Justice Office of Community Oriented Policing Services (COPS) announces the availability of funds over the Tribal Resources Grant Program. This program is designed to meet the most serious needs of law enforcement in Indian communities through a comprehensive grant program that will offer a variety of funding options including: New, additional police officer positions; basic and/ or specialized training for sworn law enforcement officers; training in community policing, grants management and computer training; uniforms and basic issue equipment; department-wide technology; and police vehicles. This program, which complements the COPS Office's efforts to fund and support innovative community policing, will enhance law enforcement infrastructures and community policing efforts in tribal communities which have limited resources and are affected by high rates of crime and violence. Applications should reflect the department's most serious law enforcement needs and must link these needs to the implementation or enhancement of community policing. All federally recognized tribes with established police departments are eligible to apply. Federally recognized tribes may also apply as a consortium with a written partnership agreement that names a lead agency and describes how requested resources will serve the consortium's population. In addition, tribes that are currently served by Bureau of Indian Affairs (BIA) law enforcement may request funding under this grant program to supplement their existing police services. Tribes whose law enforcement services are exclusively provided by local policing agencies through a contract agreement are not eligible under the COPS TRGP program.

The purpose of this notice is to announce the meeting of the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). the CJIS APB is responsible for reviewing policy issues, uniform crime reports, and appropriate technical and operational issues related to the programs administered by the FBI's CJIS Division, and thereafter, make appropriate recommendations to the FBI Director. The programs administered by the CJIS Division are: the Integrated Automated Fingerprint Identification System, the Interstate Identification Index, Law Enforcement Online, National Crime Information Center, the National Instant Criminal Background Check System, the National Incident-Based Reporting System, Law Enforcement National Data Exchange, and Uniform Crime Reporting. The meeting will be open to the public on a first-come, first- seated basis. Any member of the public wishing to file a written statement concerning the CJIS Division programs or wishing to address this session should notify the Senior CJIS Advisor, Mr. Roy G. Weise at (304) 625-2730, at least 24 hours prior to the start of the session. The notification should contain the requestor's name, corporate designation, and consumer affiliation or government designation along with a short statement describing the topic to be addressed and the time needed for the presentation. A requestor will ordinarily be allowed no more than 15 minutes to present a topic.

During 2004 the Parole Commission carried out a pilot project to study the feasibility of conducting parole release hearings through videoconferences between an examiner at the Commission's office and prisoners at selected institutions of the Federal Bureau of Prisons. In order to give notice of this project, the Commission promulgated an interim rule that provided that a parole release hearing may be conducted through a videoconference with the prisoner. The pilot project has been a success and the Commission is now amending the interim rule to include institutional revocation hearings as hearings that may be conducted by videoconference. The Commission is taking this action to further conserve personnel resources and reduce the costs associated with travel by the agency's hearing examiners.

The Department of Justice will hold an informal hearing in Washington, DC on the proposed certification that the 2002 North Carolina Accessibility Code with 2004 amendments (NCAC) meets or exceeds the new construction and alterations requirements of title III of the Americans with Disabilities Act (ADA).