cfr_sections
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89 rows where agency = "CSOSA" and title_number = 28 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 28:28:2.0.6.5.1.0.127.1 | 28 | Judicial Administration | VIII | 800 | PART 800—ORGANIZATION AND FUNCTIONS | § 800.1 Statutory authorization. | CSOSA | The National Capital Revitalization and Self-Government Improvement Act of 1997 (“Revitalization Act”) established the Court Services and Offender Supervision Agency for the District of Columbia (“CSOSA”) within the federal government as an independent executive branch agency and placed the District of Columbia Pretrial Services Agency as an independent entity within CSOSA. In addition, the District of Columbia Public Defender Service, an independent District of Columbia agency, receives its appropriated federal funds through a transfer from CSOSA. | |||||||
| 28:28:2.0.6.5.1.0.127.2 | 28 | Judicial Administration | VIII | 800 | PART 800—ORGANIZATION AND FUNCTIONS | § 800.2 Mission. | CSOSA | CSOSA's mission is to increase public safety, prevent crime, reduce recidivism, and support the fair administration of justice in close collaboration with the community. | |||||||
| 28:28:2.0.6.5.1.0.127.3 | 28 | Judicial Administration | VIII | 800 | PART 800—ORGANIZATION AND FUNCTIONS | § 800.3 Functions and responsibilities. | CSOSA | (a) Community Supervision Services. (1) The Revitalization Act requires CSOSA to provide supervision, through qualified supervision officers, to offenders on probation, parole, and supervised release for violation of District of Columbia Code offenses. The Agency carries out its responsibilities on behalf of the court or agency having jurisdiction over the person being supervised. Accordingly, CSOSA supervises all offenders placed on probation by the Superior Court of the District of Columbia, and all individuals on parole pursuant to the District of Columbia Code. CSOSA supervises offenders from other jurisdictions in accordance with the provisions of the Interstate Parole and Probation Compact. (2) CSOSA is also required to determine uniform supervision and reporting practices, develop and operate intermediate sanctions programs for sentenced offenders, and arrange for the supervision of District of Columbia Code offenders in jurisdictions outside the District of Columbia. (3) In accordance with its supervisory functions and as authorized by the Sex Offender Registration Act of 1999 (D.C. Law 13-137, D.C. Code 24-1101 et seq. ), CSOSA operates and maintains the sex offender registry for the District of Columbia. (b) Pretrial Services. (1) The District of Columbia Pretrial Services Agency (“PSA”) assists the trial and appellate levels of both the federal and local courts in determining eligibility for pretrial release by providing verified background information and criminal histories on all arrestees and recommendations about available release options. (2) PSA is further responsible for supervising defendants released from custody during the pretrial period by monitoring compliance with conditions of release and by ensuring that they appear for scheduled court hearings. (3) PSA also provides defendants with the opportunity to participate in a variety of social intervention programs that decrease the likelihood of future criminal behavior. | |||||||
| 28:28:2.0.6.5.1.0.127.4 | 28 | Judicial Administration | VIII | 800 | PART 800—ORGANIZATION AND FUNCTIONS | § 800.4 Director. | CSOSA | (a) CSOSA is headed by a Director appointed by the President, by and with the advice and consent of the Senate, for a term of six years. (b) PSA is headed by a Director appointed by the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit and the Chief Judge of the United States District Court for the District of Columbia in consultation with an Executive Committee. The Executive Committee includes the four chief judges of the local and Federal trial and appellate courts, the United States Attorney for the District of Columbia, the Director of the District of Columbia Public Defender Service, and the Director of CSOSA. | |||||||
| 28:28:2.0.6.5.1.0.127.5 | 28 | Judicial Administration | VIII | 800 | PART 800—ORGANIZATION AND FUNCTIONS | § 800.5 Agency components. | CSOSA | (a) CSOSA. (1) Office of the Director (including the Deputy Director). (2) Office of the General Counsel. (3) Community Supervision Services. (4) Office of Community Justice Programs. (5) Special Criminal Justice Projects. (6) Office of Planning and Evaluation. (7) Office of Professional Responsibility. (8) Equal Employment Opportunity, Diversity, and Special Programs. (9) Office of Legislative, Intergovernmental, and Public Affairs. (10) Information Technology Services. (11) Office of Management and Administration. (12) Office of Human Resources. (b) PSA. (1) Office of the Director (including the Deputy Director). (2) Planning, Analysis and Evaluation. (3) Community Justice Programs. (4) Office of Operations (including Information Technology and Forensic Toxicology and Drug Testing Laboratory). (5) Human Resources Management. (6) Finance and Administration. | |||||||
| 28:28:2.0.6.5.10.0.127.1 | 28 | Judicial Administration | VIII | 814 | PART 814—SALARY OFFSET PROCEDURES | § 814.1 Purpose and Scope. | CSOSA | (a) Purpose. This part prescribes the Court Services and Offender Supervision Agency's (CSOSA) standards and procedures for the collection of debts owed by CSOSA employees to the United States through voluntary or involuntary Agency salary offset. (b) Scope. (1) This part applies to internal and Government-wide collections of debts, owed by CSOSA employees, through administrative offset from the current pay account of the debtor without his or her consent. (2) The procedures contained in this part do not apply to— (i) Any case where an employee consents to collection through deduction(s) from the employee's Agency pay account; (ii) Debts arising under the Internal Revenue Code (26 U.S.C. 1 et seq. ); (iii) Debts arising under the tariff laws of the United States; (iv) Any case where collection of a debt by salary offset is explicitly provided for or prohibited by another statute ( e.g., travel advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C. 4108); or (v) Any other debt excluded by the Federal Claims Collection Standards (FCCS), 31 CFR parts 900 through 904. (3) This part does not preclude a CSOSA employee from requesting waiver of an erroneous payment under 5 U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S.C. 716, or in any way questioning the amount or validity of a debt, in the manner prescribed by the Director. Similarly, this part does not preclude a CSOSA employee from requesting a waiver of the collection of a debt under any other applicable statutory authority. (4) Nothing in this part precludes the compromise of the debt, or the suspension or termination of collection actions, in accordance with 31 U.S.C. 3711 or other applicable statutory authority. | |||||||
| 28:28:2.0.6.5.10.0.127.10 | 28 | Judicial Administration | VIII | 814 | PART 814—SALARY OFFSET PROCEDURES | § 814.10 Method and source of deductions. | CSOSA | (a) Types of deductions. Unless the debtor employee and the Director have agreed to an alternative repayment arrangement under § 814.9, a debt shall be collected in lump sum or by installment deductions at officially established pay intervals from an employee's current pay account. (b) Limitation on amount of deduction. Ordinarily, the size of installment deductions must bear a reasonable relationship to the size of the debt and the employee's ability to pay. However, the amount deducted for any pay period must not exceed 15 percent of the disposable pay from which the deduction is made, unless the employee has agreed in writing to the deduction of a greater amount, as outlined in § 814.10(c) and/or a higher deduction has been ordered by a court under section 124 of Public Law 97-276 (96 Stat. 1195). (c) Duration of deductions —(1) Lump sum. If the amount of the debt is equal to or less than 15 percent of the employee's disposable pay for an officially established pay interval, the debt generally will be collected in one lump-sum deduction. (2) Inability to pay lump sum. If the employee is deemed financially unable to pay in one lump sum or the amount of the debt exceeds 15 percent of the employee's disposable pay for an officially established pay interval, the debt shall be collected in installments. Except as provided in paragraphs (e) and (f) of this section, installment deductions must be made over a period not greater than the anticipated period of active duty or employment. (d) When deductions may begin. (1) Deductions will begin on the date stated in the notice of intent, unless an alternative repayment agreement under § 814.9 has been accepted or the employee has filed a timely request for a hearing. (2) If the employee files a timely petition for hearing as provided in § 814.6, deductions will begin after the hearing official has provided the employee with a hearing and a final written decision has been rendered in favor of the Agency. (e) Liquidation from final check. If an employee r… | |||||||
| 28:28:2.0.6.5.10.0.127.11 | 28 | Judicial Administration | VIII | 814 | PART 814—SALARY OFFSET PROCEDURES | § 814.11 Interest, penalties, and administrative costs. | CSOSA | Debts owed to the Agency shall be assessed interest, penalties and administrative costs in accordance with FCCS, 31 CFR 901.9. | |||||||
| 28:28:2.0.6.5.10.0.127.12 | 28 | Judicial Administration | VIII | 814 | PART 814—SALARY OFFSET PROCEDURES | § 814.12 Non-waiver of rights by payments. | CSOSA | An employee's involuntary payment, of all or any portion of a debt being collected under 5 U.S.C. 5514 must not be construed as a waiver of any rights which the employee may have under 5 U.S.C. 5514 or any other provision of contract or law, unless there are statutory or contractual provisions to the contrary. | |||||||
| 28:28:2.0.6.5.10.0.127.13 | 28 | Judicial Administration | VIII | 814 | PART 814—SALARY OFFSET PROCEDURES | § 814.13 Refunds. | CSOSA | (a) CSOSA will promptly refund amounts paid or deducted under this subpart to the appropriate party, when: (1) A debt is waived or otherwise found not owing to the United States (unless expressly prohibited by statute or regulation); or (2) The employee's paying agency is directed by an administrative or judicial order to refund amounts deducted from his or her current pay. (b) Refunds do not bear interest unless required or permitted by law or contract. | |||||||
| 28:28:2.0.6.5.10.0.127.2 | 28 | Judicial Administration | VIII | 814 | PART 814—SALARY OFFSET PROCEDURES | § 814.2 Definitions. | CSOSA | Administrative offset means withholding funds payable by the United States to, or held by the United States for, a person to satisfy a debt owed by the payee. Agency means an executive department or agency; a military department; the United States Postal Service; the Postal Rate Commission; the United States Senate; the United States House of Representatives; any court, court administrative office, or instrumentality in the judicial or legislative branches of the Government; or a Government Corporation. Creditor agency means the agency to which the debt is owed, including a debt collection center when acting on behalf of a creditor agency in matters pertaining to the collection of a debt (as provided in 5 CFR 550.1110). Day means calendar day. For purposes of computation, the last day of the period will be included unless it is a Saturday, Sunday, or a Federal holiday, in which case the next business day will be considered the last day of the period. Debt means an amount determined by an appropriate official to be owed to the United States from sources which include loans insured or guaranteed by the United States and all other amounts due the United States from fees, leases, rents, royalties, services, sales of real or personal property, overpayments, penalties, damages, interest, fines and forfeitures (except those arising under the Uniform Code of Military Justice), and all other similar sources. Debt collection Center means the Department of the Treasury, Department of Agriculture's National Finance Center or other Government agency or division designated by the Secretary of the Treasury with authority to collect debts on behalf of creditor agencies in accordance with 31 U.S.C. 3711(g). Debtor means a Federal employee who owes a debt to the United States. Delinquent debt means a debt which the debtor does not pay or otherwise resolve by the date specified in the initial demand for payment, or in an applicable written repayment agreement or other instrument, including a post delinquency repaymen… | |||||||
| 28:28:2.0.6.5.10.0.127.3 | 28 | Judicial Administration | VIII | 814 | PART 814—SALARY OFFSET PROCEDURES | § 814.3 Entitlement to notice, hearing, written responses and decisions. | CSOSA | (a) Except as provided in § 814.4, each employee from whom CSOSA proposes to collect a debt using salary offset under this part is entitled to receive from CSOSA: (1) A written notice as described in § 814.5; and (2) An opportunity to petition for a hearing and, if a hearing is given, to receive a written decision from the official within 60 days of holding the hearing on the following issues: (i) The determination concerning the existence or amount of the debt; and (ii) The repayment schedule, if it was not established by written agreement between the employee and CSOSA. (b) [Reserved] | |||||||
| 28:28:2.0.6.5.10.0.127.4 | 28 | Judicial Administration | VIII | 814 | PART 814—SALARY OFFSET PROCEDURES | § 814.4 Exception to entitlement to notice, hearing, written responses, and final decisions. | CSOSA | For internal collections, the provisions of § 814.3 do not apply to: (a) Any adjustment to pay arising out of an employee's election of coverage or a change in coverage under a Federal benefits program requiring periodic deductions from pay, if the amount to be recovered was accumulated over four pay periods or less; (b) A routine intra-agency adjustment of pay that is made to correct an overpayment of pay attributable to clerical or administrative errors or delays in processing pay documents, if the overpayment occurred within the four pay periods preceding the adjustment and, at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and point of contact for contesting such adjustment; or (c) Any adjustment to collect a debt amounting to $50 or less, if, at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and a point of contact for contesting such adjustment. | |||||||
| 28:28:2.0.6.5.10.0.127.5 | 28 | Judicial Administration | VIII | 814 | PART 814—SALARY OFFSET PROCEDURES | § 814.5 Notification before deductions begin. | CSOSA | (a) CSOSA and/or a Debt Collection Center will provide employees notification before deductions begin. Except as provided in § 814.4, agency pay deductions under the authority of 5 U.S.C. 5514 must not be made unless the Director (or authorized designee) provides the employee a written notice at least 30 days before any deduction begins. (For debts outstanding more than 10 years on or before June 11, 2009, see also 31 CFR 285.7(d) for additional notification requirements.) The written notice must state at a minimum: (1) CSOSA's determination that a debt is owed, including the origin, nature, and amount of that debt; (2) CSOSA's intention to collect the debt by means of deduction from the employee's current disposable pay account; (3) The frequency and amount of the intended deduction (stated as a fixed dollar amount or as a percentage of pay, not to exceed 15 percent of disposable pay except as provided in § 814.10) and the intention to continue the deductions until the debt is paid in full or otherwise resolved; (4) An explanation of CSOSA's policy concerning interest, penalties, and administrative costs, including a statement that such assessments must be made unless excused in accordance with the FCCS as defined in § 814.2; (5) The employee's right to inspect and copy Government records relating to the debt or, if employee or his or her representative cannot personally inspect the records, to request and receive a copy of such records; (6) If not previously provided, the opportunity (under terms agreeable to CSOSA) to establish a schedule for the voluntary repayment of the debt or to enter into a written agreement to establish a schedule for repayment of the debt in lieu of offset. The agreement must be in writing, signed by both the employee and CSOSA; and documented in CSOSA's files; (7) The employee's right to a hearing conducted by an official arranged by CSOSA (an administrative law judge, or alternatively, a hearing official not under the control of the Director of CSOSA) if a petition is filed as… | |||||||
| 28:28:2.0.6.5.10.0.127.6 | 28 | Judicial Administration | VIII | 814 | PART 814—SALARY OFFSET PROCEDURES | § 814.6 Petitions for hearing. | CSOSA | (a) To request a hearing concerning the existence or amount of the debt or the offset schedule established by the Agency, the employee must send a written petition to the office designated in the notice of intent to offset, see § 814.5(a)(9), within 15 days of receipt of the deduction notice, stating why the employee believes the determination of the Agency concerning the existence or amount of the debt is in error or requesting changes to the proposed deduction frequency and amount. (b) The petition must: (1) Be signed by the employee; (2) Fully identify and explain with reasonable specificity all the facts, evidence, and witnesses, if any, that the employee believes support the employee's position; and (3) Specify whether an oral or paper (documentary) hearing is requested. If an oral hearing is requested, the request should explain why the matter cannot be resolved by review of the documentary evidence alone. | |||||||
| 28:28:2.0.6.5.10.0.127.7 | 28 | Judicial Administration | VIII | 814 | PART 814—SALARY OFFSET PROCEDURES | § 814.7 Petitions for hearing made after time expires. | CSOSA | (a) If the petition for hearing is filed after the 15-day period provided for in § 814.6, the Director may grant the request if the employee can establish that the delay was the result of circumstances beyond the employee's control, or that the employee failed to receive actual notice of the filing deadline. (b) An employee waives the right to a hearing, and will have his or her disposable pay offset in accordance with the offset schedule established by the Agency, if the employee: (1) Fails to file a timely request for a hearing, unless such failure is excused; or (2) Fails to appear at an oral hearing, of which the employee was notified, unless the hearing official determines that the failure to appear was due to circumstances beyond the employee's control. (c) The following procedure is instituted upon a failure to appear at a hearing. (1) In the absence of good cause shown ( e.g., illness), an employee who fails to appear at a hearing shall be deemed, for the purpose of this part, to admit the existence and amount of the debt as described in the notice of intent. (2) If the representative of the creditor agency fails to appear, the hearing official shall proceed with the hearing as scheduled and make a determination based upon oral testimony presented and the documentary evidence submitted by both parties. With the agreement of both parties, the hearing official shall schedule a new hearing date, and both parties shall be given reasonable notice of the time and place of the new hearing. | |||||||
| 28:28:2.0.6.5.10.0.127.8 | 28 | Judicial Administration | VIII | 814 | PART 814—SALARY OFFSET PROCEDURES | § 814.8 Representation at the hearing. | CSOSA | (a) The creditor agency may be represented by legal counsel. (b) The employee may be self-represented or may be represented by an individual of the employee's choosing, at the employee's expense. | |||||||
| 28:28:2.0.6.5.10.0.127.9 | 28 | Judicial Administration | VIII | 814 | PART 814—SALARY OFFSET PROCEDURES | § 814.9 Procedures for hearing and final decisions. | CSOSA | (a) Form of hearings —(1) General. After the employee requests a hearing, the hearing official shall notify the employee of the form of the hearing. If the hearing will be oral, the notice shall set forth the date, time, and location of the hearing. If the hearing will be a review of the written record, the employee shall be notified that he or she should submit evidence and arguments in writing to the hearing official by a specified date, after which the record shall be closed. The date specified shall give the employee reasonable time to submit documentation. (2) Oral hearing. An employee who requests an oral hearing shall be provided an oral hearing, if the hearing official determines that the matter cannot be resolved by review of documentary evidence alone ( e.g., when an issue of credibility or veracity is involved). Where an oral hearing is appropriate, the hearing is not an adversarial adjudication and need not take the form of an evidentiary hearing, e.g., the rules of evidence do not apply. Oral hearings may take the form of, but are not limited to: (i) Informal conferences with the hearing official in which the employee and agency representative will be given full opportunity to present evidence, witnesses, and arguments; (ii) Informal meetings in which the hearing official interviews the employee; or (iii) Formal written submissions with an opportunity for oral presentations. (3) Paper (documentary) hearing. If the hearing official determines that an oral hearing is not necessary, the hearing official will make the determination based upon a review of the available written record. (4) Record. The hearing official shall maintain a summary record of any hearing conducted under this part. Witnesses who testify in oral hearings will do so under oath or affirmation. (b) Written decision —(1) Date of decision. The hearing officer shall issue a written opinion stating his or her decision, based upon documentary evidence and information developed at the hearing, as soon as practicable af… | |||||||
| 28:28:2.0.6.5.2.0.127.1 | 28 | Judicial Administration | VIII | 801 | PART 801—FEDERAL TORT CLAIMS ACT PROCEDURE | § 801.1 Claims filed under the Federal Tort Claims Act. | CSOSA | If an agency employee is acting within the scope of his or her employment and causes injury to a member of the public, any claim for money damages for personal injury, death, damage to property, or loss of property caused by the employee's negligent or wrongful act or omission is a claim against the United States and must first be presented by the injured party to the appropriate federal agency for administrative action under the Federal Tort Claims Act. General provisions for processing such administrative claims are contained in 28 CFR part 14. The provisions in this part supplement the general provisions in order to describe specific procedures to follow when filing a claim with the Court Services and Offender Supervision Agency for the District of Columbia (“CSOSA”) or the District of Columbia Pretrial Services Agency (“PSA”). | |||||||
| 28:28:2.0.6.5.2.0.127.2 | 28 | Judicial Administration | VIII | 801 | PART 801—FEDERAL TORT CLAIMS ACT PROCEDURE | § 801.2 Filing a claim. | CSOSA | (a) Who may file the claim? You may file a claim for money damages against CSOSA or PSA if you believe that a CSOSA or PSA employee has injured you or has damaged or lost property that you own. You may file a claim on behalf of an injured or deceased person or owner of damaged or lost property if you are acting as agent, executor, administrator, parent, guardian, legal or other representative provided you submit evidence of your authority to act on behalf of the claimant. (b) What information do you need to submit in your claim? (1) The easiest way to ensure that you will include all necessary information for your claim is to submit a completed Standard Form 95 (“SF 95”). The SF 95 is available from the Office of the General Counsel, CSOSA, (see address in paragraph (c) of this section) and on the Internet at http://www.usdoj.gov/civil/forms/forms.htm. (2) If you do not use the SF 95, you must submit written notification of the incident that resulted in the injury, loss, or damage. Along with this notification, you must present a claim for money damages in a sum certain (that is, a precise dollar amount) for injury to or loss of property, personal injury, or death alleged to have occurred on the basis of the incident. Failure to include the precise dollar amount for your claim may mean that you will have difficulty pursuing your claim in court. (c) Where do you submit the claim? You should submit the claim (whether against CSOSA or PSA) directly to the Office of the General Counsel, CSOSA, 633 Indiana Avenue NW., Washington, DC 20004. Claims submitted to any other office of CSOSA or PSA are forwarded to the Office of the General Counsel. (d) When must you submit the claim? You must submit the claim so that CSOSA/PSA receives the claim within 2 years after the claim accrues. Mailing the claim by that date is not sufficient if CSOSA/PSA does not receive the claim by that date. Generally speaking, a claim accrues at the time of the injury. In those instances where neither the injury nor its cause is imm… | |||||||
| 28:28:2.0.6.5.2.0.127.3 | 28 | Judicial Administration | VIII | 801 | PART 801—FEDERAL TORT CLAIMS ACT PROCEDURE | § 801.3 Processing the claim. | CSOSA | (a) Will CSOSA/PSA contact you about your claim? (1) If you have provided all necessary information to process your claim, you will receive an acknowledgement indicating the filing date (that is, the date CSOSA/PSA received your claim) and the assigned claim number. Refer to the claim number in any further correspondence you may have with CSOSA/PSA on the claim. (2) If you have failed to include all necessary information, CSOSA/PSA will return your claim to you with a request for the necessary additional information. (3) If your claim should have been filed with another agency, CSOSA/PSA will forward the claim to the appropriate agency and notify you of the transfer, or return the claim to you if the appropriate agency cannot be determined or if the transfer is otherwise not feasible. (b) Who is responsible for offering settlement or denial on the claim? The General Counsel is responsible for investigating the claim and, after consultation with PSA (if the claim is against PSA) and the Department of Justice when appropriate, determining whether the claim should be settled or denied. (c) How long does CSOSA/PSA have to consider your claim? CSOSA/PSA has 6 months from the date of filing to make a settlement offer or to deny your claim. If you amend your claim (see § 801.2(e)) or request that your claim be reconsidered (see § 801.4(b)(1)), CSOSA/PSA has an additional 6 months from the date of the amendment or the filing of the request for reconsideration to make a final disposition of the claim. (d) Will appreciation or depreciation be considered? Yes, appreciation or depreciation is considered in settling a claim for lost or damaged property. | |||||||
| 28:28:2.0.6.5.2.0.127.4 | 28 | Judicial Administration | VIII | 801 | PART 801—FEDERAL TORT CLAIMS ACT PROCEDURE | § 801.4 Final disposition of claim. | CSOSA | (a) What if you accept the settlement offer? If you accept a settlement offer, you give up your right to bring a lawsuit against the United States or against any employee of the government whose action or lack of action gave rise to your claim. (b) What if your claim is denied? (1) If your claim is denied, you have 30 days from the date of CSOSA/PSA's written notification to make a written request that the agency reconsider the denial. (2) If your claim is denied or you reject the settlement offer, you have 6 months from the date of mailing of CSOSA/PSA's notice of denial to file a civil action in the appropriate U.S. District Court. (c) What if you do not hear from CSOSA/PSA within 6 months of the filing date? If you do not hear from CSOSA/PSA within 6 months of the filing date for the claim, you may consider your claim denied. You may then proceed with filing a civil action in the appropriate U.S. District Court. | |||||||
| 28:28:2.0.6.5.3.1.127.1 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | A | Subpart A—General | § 802.1 Introduction. | CSOSA | [82 FR 13556, Mar. 14, 2017] | (a) This part contains regulations of the Court Services and Offender Supervision Agency for the District of Columbia (“CSOSA” or “Agency”) and the District of Columbia Pretrial Services Agency (“PSA” or “Agency”), which implement the Freedom of Information Act (FOIA), 5 U.S.C. 552, and the Privacy Act (PA), 5 U.S.C. 552a. The Agency provides for the disclosure and production of records in response to FOIA/PA requests, a demand from a court, or other non-congressional authority in connection with a proceeding to which the Agency is not a party. Due to CSOSA's nature as a federal agency with a local mission connected to the District of Columbia, exemption protections, including exclusions, are allowed under the FOIA and other safeguard requirements may be applied under the PA. (b) It is the policy of CSOSA that all employees of CSOSA and PSA (collectively the “Agency”) are to submit all FOIA/PA requests to the Office of General Counsel (“OGC”). The OGC shall make release determinations under either the FOIA/PA pursuant to the procedures set forth in sections §§ 802.6, 802.7, 802.8, 802.14, 802.15, and 802.16. | ||||
| 28:28:2.0.6.5.3.2.127.1 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | B | Subpart B—Freedom of Information Act | § 802.2 Purpose and scope. | CSOSA | (a) The purpose of this subpart is to establish procedures for the release of records in the custody, possession or control of the Agency pursuant to the provisions of the FOIA as amended by the FOIA Improvement Act of 2016 (Pub. L. 114-185). (b) The Director of CSOSA has designated the General Counsel to be the Chief FOIA Officer as defined in 5 U.S.C. 552(j). (c) The Chief FOIA Officer shall designate at least one FOIA Public Liaison as defined in 5 U.S.C 552(j)(2)(H) and 552(l) for assisting in reducing delays, increasing transparency, understanding the status of requests, and assisting in the resolution of disputes. | |||||
| 28:28:2.0.6.5.3.2.127.2 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | B | Subpart B—Freedom of Information Act | § 802.3 Information and records for public inspection. | CSOSA | (a) Public inspection. In accordance with this section, CSOSA makes the following information and materials available for public inspection pursuant to 5 U.S.C. 552: (1) The Agency's publications in the Federal Register for the guidance of the public. (2) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases. (3) The Agency's policy statements that have been adopted by the Agency and are not published in the Federal Register . (4) Administrative staff manuals and instructions to staff that affect a member of the public. (5) Copies of all records, regardless of format, that have become or are likely to become the subject of subsequent requests for substantially the same records or have been requested three or more times; and these available records exclude first party requests. (6) Reports available for public inspection shall be available: (i) In a timely manner; (ii) With raw statistical data in electronic format; (iii) In a general index; (iv) Without charge, license, or registration requirement; (v) In an aggregated, searchable format; (vi) In a format that may be downloaded in bulk; and (vii) Which include, but are not limited to the: (A) Chief FOIA Officer Report; (B) Annual FOIA Report; and (C) Quarterly FOIA Report. (7) An index of all major information systems of the agency. (8) A description of major information and record locator systems maintained by the agency. (9) A handbook for obtaining various types of categories of public information from the Agency pursuant to chapter 35 of Title 44 of the United States Code, and under this section. (b) Preservation of records. (1) All agency correspondence as well as copies of all requested records shall be preserved until disposition or destruction is authorized pursuant to Title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration (NARA). (2) The agency will not dispose of or destroy records while they are th… | |||||
| 28:28:2.0.6.5.3.2.127.3 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | B | Subpart B—Freedom of Information Act | § 802.4 Guidelines for disclosure. | CSOSA | (a) The authority to release, partially release, or deny access to records and information under the FOIA is limited to the Chief FOIA Officer, FOIA Public Liaison, and his or her designee. (b) An Agency record will be released in response to a written request, unless a valid legal exemption and/or exclusion to disclosure is asserted. (1) Any applicable exemption and/or exclusion to disclosure, which is provided under the FOIA in 5 U.S.C. 552, may be asserted. The applicable exemptions and/or exclusions to disclosure are as follows: (i) Exclusions. (A) Where the subject of a criminal investigation or proceeding is unaware of the existence of records concerning a pending investigation and disclosure of such records would interfere with the investigation. (B) Where there are informant records maintained by a criminal law enforcement agency and the individual's status as an informant is not known. (C) Where there are classified FBI records pertaining to foreign intelligence, counterintelligence or international terrorism records. (ii) Exemptions. (A) Information that is classified to protect national security. (B) Information related solely to the internal personnel rules and practices of an agency. (C) Information that is prohibited from disclosure by another federal law. (D) Trade secrets or commercial or financial information that is confidential or privileged. (E) Privileged communications within or between agencies, including: ( 1 ) Deliberative process privilege; ( 2 ) Attorney-work product privilege; and ( 3 ) Attorney-client privilege. (F) Information that, if disclosed, would invade another individual's personal privacy. (G) Information compiled for law enforcement purposes that: ( 1 ) Could reasonably be expected to interfere with enforcement proceedings. ( 2 ) Would deprive a person of a right to a fair trial or an impartial adjudication. ( 3 ) Could reasonably be expected to constitute an unwarranted invasion of personal privacy. ( 4 ) Could reasonably be expected to disclose the i… | |||||
| 28:28:2.0.6.5.3.2.127.4 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | B | Subpart B—Freedom of Information Act | § 802.5 Definitions. | CSOSA | As used in this subpart, the following terms have the following meanings: (a) Agency has the meaning given in 5 U.S.C. 551(1) and 5 U.S.C. 552(f). (b) Appeal means a request for a review of the agency's determination with regard to a fee waiver, category of requester, expedited processing, or denial in whole or in part of a request for access to a record or records. (c) Business information means trade secrets or other commercial or financial information. (d) Business submitter means any entity which provides business information to the Agency and which has a proprietary interest in the information. (e) Computer software means tools by which records are created, stored, and retrieved. Normally, computer software, including source code, object code, and listings of source and object codes, regardless of medium, are not agency records. Proprietary (or copyrighted) software is not an agency record. (f) Confidential commercial information means records provided to the government by a submitter that arguably contain material exempt from release under Exemption 4 of the Freedom of Information Act, 5 U.S.C. 552(b)(4), because disclosure could reasonably be expected to cause substantial competitive harm. (g) Duplication refers to the process of making a copy of a record in order to respond to a FOIA request. Such copies can take the form of paper copy, microform, audio-visual materials, or machine-readable documentation ( e.g., magnetic tape or disk), among others. (h) Electronic records mean those records and information which are created, stored, and retrievable by electronic means. This ordinarily does not include computer software, which is a tool by which to create, store, or retrieve electronic records. (i) Record is defined pursuant to 44 U.S.C. 3301. (j) Request means any request for records made pursuant to 5 U.S.C. 552(a)(3). (k) Requester means any person who makes a request for access to records. (l) Review for fee purposes, refers to the process of examining records locat… | |||||
| 28:28:2.0.6.5.3.2.127.5 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | B | Subpart B—Freedom of Information Act | § 802.6 Freedom of Information Act requests. | CSOSA | (a) Submission and processing procedures. (1) Requests for any record (including policy) ordinarily will be processed pursuant to the Freedom of Information Act, 5 U.S.C. 552. Your request must be made in writing and addressed to the FOIA Public Liaison Officer, Office of the General Counsel FOIA Office, Court Services and Offender Supervision Agency for the District of Columbia, 633 Indiana Avenue NW., 12th Floor, Washington, DC 20004. The requester should clearly mark on the face of the letter and the envelope “Freedom of Information Act Request.” (2) Your request will be considered received as of the date it is received by CSOSA's FOIA Office. (3) Generally, all FOIA requests will be processed in the approximate order of receipt, unless the requester shows exceptional circumstances exist to justify an expedited response ( see § 802.8). (4) You must describe the records that you seek in enough detail to enable Agency personnel to locate them with a reasonable amount of effort. Whenever possible, your request should include specific information about each record sought, such as the date, title or name, author, recipient and subject matter of the record. As a general rule, the more specific you are about the records or type of records that you want, the more likely the Agency will be able to locate the records in response to your request. If a determination is made that your request does not reasonably describe records, the Agency will tell you either what additional information is needed or why your request is otherwise insufficient. You will be given the opportunity to discuss your request so that you may modify it to meet the requirements of this section. (5)(i) Requests by offender/defendant for offender's records. (A) An offender/defendant making a FOIA/PA request must provide his or her full name, current address, and date of birth. In addition, the requester must provide with the request his or her signature, which must be either notarized or sworn under penalty of perjury pursuant to 28 U.S.C. 174… | |||||
| 28:28:2.0.6.5.3.2.127.6 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | B | Subpart B—Freedom of Information Act | § 802.7 Documents from other agencies. | CSOSA | (a) Documents from or relating to Federal agencies. (1) When a request for records includes a document that originated from another Federal agency, the document will be referred to the originating Federal agency for release determination, unless the information requested is for records created 25 years or more before the date on which the records were requested, in which case CSOSA will release them without referral and/or consultation with the other federal agency. The requester will be informed of the referral. This is not a denial of a FOIA request; thus, no appeal rights accrue to the requester. (2) When a FOIA request is received for a record created by the Agency that includes information by another Federal agency, the record will be sent to the other Federal agency that has equities in the record. The consultation will request that the other Federal agency review and provide recommendations on disclosure. The Agency will not release any such record without prior consultation with the other Federal agency that has equities in the record. (b) Documents from non-Federal agencies. When a request for records includes a document from a non-Federal agency, CSOSA staff must make a release determination. (1) A release determination on the records from non-Federal agencies shall be analyzed on a case-by-case to determine if CSOSA or the non-Federal agency is best able to decide a record's sensitivity, and in turn its exemption status, in which case: (i) The requester will be re-routed to submit a separate FOIA request to the non-Federal agency; or (ii) CSOSA will consult with the non-Federal agency only if the non-Federal agency will provide a consultation within five (5) business days. (2) [Reserved] | |||||
| 28:28:2.0.6.5.3.2.127.7 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | B | Subpart B—Freedom of Information Act | § 802.8 Expedited processing. | CSOSA | (a) Requests and appeals will be taken out of order and given expedited treatment whenever CSOSA's FOIA Office determines that they involve: (1) Circumstances in which the person requesting the records demonstrates a compelling need. (i) For purposes of this paragraph (a)(1), the term “compelling need” means— (A) Failure to obtain requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or (B) A person is primarily engaged in disseminating information and the urgency to inform the public concerning actual or alleged Federal Government activity is a matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity. ( 1 ) With respect to a request made by a person primarily engaged in disseminating information that affect public confidence, the requester must adequately explain the matter or activity and why it is necessary to provide the records being sought on an expedited basis. ( i ) A person “primarily engaged in disseminating information” does not include individuals who are engaged only incidentally in the dissemination of information. ( ii ) The standard of “widespread and exceptional media interest” requires that the records requested pertain to a matter of current exigency to the American public and that delaying a response to a request for records would compromise a significant recognized interest to and throughout the general public. The requester must adequately explain the matter or activity and why it is necessary to provide the records being sought on an expedited basis. ( 2 ) [Reserved] (ii) [Reserved] (2) [Reserved] (b) If a requester seeks expedited processing, the requester must submit a statement, certified to be true and correct to the best of your knowledge and belief. The statement must be in the form prescribed by 28 U.S.C. 1746, “I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and … | |||||
| 28:28:2.0.6.5.3.2.127.8 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | B | Subpart B—Freedom of Information Act | § 802.9 Business information. | CSOSA | (a) In general. Business information provided to the Agency by a business submitter will be disclosed pursuant to the FOIA, unless exemptions and/or exclusions apply. Any claim of confidentiality must be supported by a statement by an authorized representative of the company providing specific justification that the information in question is in fact confidential commercial or financial information and has not been disclosed to the public. (b) Notice to business submitters. The Agency will provide a business submitter with prompt written notice of receipt of a request or appeal encompassing its business information whenever required in accordance with paragraph (c) of this section, and except as is provided in paragraph (g) of this section. Such written notice shall either describe the exact nature of the business information requested or provide copies of the records or portions of records containing the business information. (c) When notice is required. (1) Notice of a request for business information falling within paragraph (c)(2)(i) or (ii) of this section will be required for a period of not more than ten years after the date of submission unless the business submitter had requested, and provided acceptable justification for, a specific notice period of greater duration. (2) The Agency shall provide a business submitter with notice of receipt of a request or appeal whenever: (i) The business submitter has in good faith designated the information as commercially or financially sensitive information; or (ii) The Agency has reason to believe that disclosure of the information could reasonably be expected to cause substantial competitive harm. (d) Opportunity to object to disclosure. (1) Through the notice described in paragraph (b) of this section, the Agency shall afford a business submitter ten (10) days from the date of the notice (exclusive of Saturdays, Sundays, and legal public holidays) to provide a detailed statement of any objection to disclosure. Such statement shall specify why the bus… | |||||
| 28:28:2.0.6.5.3.2.127.9 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | B | Subpart B—Freedom of Information Act | § 802.10 Fee schedule. | CSOSA | (a) Fees. The fees described in this section conform to the Office of Management and Budget Uniform Freedom of Information Act Fee Schedule and Guidelines. They reflect direct costs for search, review (in the case of commercial requesters), and duplication of documents, collection of which is permitted by the FOIA. However, for each of these categories, the fees may be limited, waived, or reduced for the reasons given below or for other reasons. (b) Types of cost. The term direct costs means those expenditures the agency actually makes in searching for, review (in the case of commercial requesters), and duplicating documents to respond to a FOIA request. (c) Types of fees. Fees shall be charged in accordance with the schedule contained in paragraph (i) of this section for services rendered in responding to requests for records, unless any one of the following applies: (1) Services were performed without charge; or (2) The fees were waived or reduced in accordance with paragraph (f) of this section. (d) Categories of fees. Specific levels of fees are prescribed for each of the following categories of requesters: (1) Commercial use requesters. These requesters are assessed charges, which recover the full direct costs of searching for, reviewing, and duplicating the records sought. Commercial use requesters are not entitled to two hours of free search time or 100 free pages of duplication of documents. Moreover, when a request is received for disclosure that is primarily in the commercial interest of the requester, the Agency is not required to consider a request for a waiver or reduction of fees based upon the assertion that disclosure would be in the public interest. The Agency may recover the cost of searching for and reviewing records even if there is ultimately no disclosure of records, or no records are located. (2) Educational and non-commercial scientific institution requesters. Records shall be provided to requesters in these categories for the cost of duplication alone, excluding charg… | |||||
| 28:28:2.0.6.5.3.3.127.1 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | C | Subpart C—Privacy Act | § 802.11 Purpose and scope. | CSOSA | The regulations in this subpart apply to all records which are contained in a system of records maintained by the Agency and which are retrieved by an individual's name or personal identifier. This subpart implements the Privacy Act by establishing Agency policy and procedures providing for the maintenance of and guaranteed access to records. Under these procedures: (a) You can ask us whether we maintain records about you or obtain access to your records; and (b) You may seek to have your record corrected or amended if you believe that your record is not accurate, timely, complete, or relevant. | |||||
| 28:28:2.0.6.5.3.3.127.10 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | C | Subpart C—Privacy Act | § 802.20 Accounting of disclosures. | CSOSA | (a) We will provide an accounting of all disclosures of a record for five years or until the record is destroyed, whichever is longer, except that no accounting will be provided to the record subject for disclosures made to law enforcement agencies and no accounting will be made for: (1) Disclosures made under the FOIA; (2) Disclosures made within the agency; and (3) Disclosures of your record made with your written consent. (b) The accounting will include: (1) The date, nature, and purpose of the disclosure; and (2) The name and address of the person or entity to whom the disclosure is made. (c) You may request access to an accounting of disclosures of your record. Your request should be in accordance with the procedures in § 802.14. You will be granted access to an accounting of the disclosures of your record in accordance with the procedures of this part which govern access to the related record, excepting disclosures made for an authorized civil or criminal law enforcement agency as provided by subsection (c)(3) of the Privacy Act. You will be required to provide reasonable identification. | |||||
| 28:28:2.0.6.5.3.3.127.11 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | C | Subpart C—Privacy Act | § 802.21 Appeals. | CSOSA | You may appeal a denial of a request for an accounting to the Office of the General Counsel in the same manner as a denial of a request for access to records (See § 802.16) and the same procedures will be followed. | |||||
| 28:28:2.0.6.5.3.3.127.12 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | C | Subpart C—Privacy Act | § 802.22 Fees. | CSOSA | The Agency shall charge fees under the Privacy Act for duplication of records only. These fees shall be at the same rate the Agency charges for duplication fees under the Freedom of Information Act ( See § 802.10(i)(1)). | |||||
| 28:28:2.0.6.5.3.3.127.13 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | C | Subpart C—Privacy Act | § 802.23 Use and disclosure of social security numbers. | CSOSA | (a) In general. An individual shall not be denied any right, benefit, or privilege provided by law because of such individual's refusal to disclose his or her social security number. (b) Exceptions. The provisions of paragraph (a) of this section do not apply with respect to: (1) Any disclosure which is required by Federal statute, or (2) The disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual. (c) Requests for disclosure of social security number. If the Agency requests an individual to disclose his or her social security account number, we shall inform that individual whether: (1) Disclosure is mandatory or voluntary. (2) By what statutory or other authority such number is solicited, and (3) What uses will be made of it. | |||||
| 28:28:2.0.6.5.3.3.127.2 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | C | Subpart C—Privacy Act | § 802.12 Definitions. | CSOSA | As used in this subpart, the following terms shall have the following meanings: (a) Agency has the meaning as defined in 5 U.S.C. 552(e). (b) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence. (c) Maintain includes maintain, collect, use, or disseminate. (d) Record means any item, collection, or grouping of information about an individual that is maintained by the Agency. This includes, but is not limited to, the individual's education, financial transactions, medical history, and criminal or employment history and that contains the name, or an identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or a photograph. (e) System of records means a group of any records under the control of the Agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. (f) Statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or part in making any determination about an identifiable individual, except as provided by 13 U.S.C. 8. (g) Routine use means the disclosure of a record that is compatible with the purpose for which the record was collected. (h) Request for access means a request made pursuant to 5 U.S.C. 552a(d)(1). (i) Request for amendment means a request made pursuant to 5 U.S.C. 552a(d)(2). (j) Request for accounting means a request made pursuant to 5 U.S.C. 552a(c)(3). | |||||
| 28:28:2.0.6.5.3.3.127.3 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | C | Subpart C—Privacy Act | § 802.13 Verifying your identity. | CSOSA | (a) Requests for your own records. When you make a request for access to records about yourself, you must verify your identity. You must state your full name, current address, and date and place of birth. You must sign your request and your signature must either be notarized or submitted by you under 28 U.S.C. 1746. In order to help the identification and location of requested records, you may also, at your option, include your social security number. (b) Requests on behalf of another. Information that concerns an individual and that is contained in a system of records maintained by the Agency shall not be disclosed to any person, or to another agency, except under the provisions of the Privacy Act, 5 U.S.C. 552a, or the Freedom of Information Act, 5 U.S.C. 552. (c) Disclosure criteria. Staff may disclose information from an agency system of records only if one or more of the following criteria apply: (1) With the written consent of the individual to whom the record pertains. (2) Pursuant to a specific exception listed under the Privacy Act (5 U.S.C. 552a(b)). For example, specific exceptions allow disclosure: (i) To employees within the Agency who have a need for the record in the performance of their duties. (ii) If disclosure is required under FOIA when the public interest in disclosure of the information outweighs the privacy interest involved. (iii) For a routine use described in the agency system of records as published in the Federal Register. (A) The published notices for these systems describe the records contained in each system and the routine uses for disclosing these records without first obtaining the consent of the person to whom the records pertain. (B) CSOSA publishes notices of system of records, including all pertinent routine uses, in the Federal Register. | |||||
| 28:28:2.0.6.5.3.3.127.4 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | C | Subpart C—Privacy Act | § 802.14 Requests for access to records. | CSOSA | (a) Submission and processing procedures. (1) Requests for any agency record about yourself ordinarily will be processed pursuant to the Privacy Act, 5 U.S.C. 552a. Such a request must be made in writing and addressed to the FOIA Officer, Office of the General Counsel, Court Services and Offender Supervision Agency, 633 Indiana Avenue, NW., Washington, DC 20004. The requester should clearly mark on the face of the letter and the envelope “Privacy Act Request.” (2) Your request will be considered received as of the date it is received by the Office of the General Counsel. For quickest possible handling, you should mark both your request letter and the envelope “Privacy Act Request.” (3) You must describe the records that you seek in enough detail to enable Agency personnel to locate them with a reasonable amount of effort. Whenever possible, your request should include specific information about each record sought, such as the date, title or name, author, recipient and subject matter of the record. As a general rule, the more specific you are about the records or type of records that you want, the more likely the Agency will be able to locate the records in response to your request. If a determination is made that your request does not reasonably describe records, the Agency will tell you either what additional information is needed or why your request is otherwise insufficient. You will be given the opportunity to discuss your request so that you may modify it to meet the requirements of this section. (b) Release and review procedures. Upon written request by an individual to gain access to his or her records which are not otherwise exempted, CSOSA shall permit the individual and, upon the individual's request, a person of his or her choosing to accompany him or her, to review the record and have a copy of all or any portion of the record. If a document contains information exempt from disclosure under the Privacy Act, any reasonably segregable portion of the record will be provided to the requester after … | |||||
| 28:28:2.0.6.5.3.3.127.5 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | C | Subpart C—Privacy Act | § 802.15 Denial of request. | CSOSA | (a) Denial in whole or in part. If it is determined that the request for records should be denied in whole or in part, the requester shall be notified by mail. The letter of notification shall: (1) State the PA and FOIA exemptions relied on in not granting the request; (2) If technically feasible, indicate the amount of information deleted at the place in the record where such deletion is made (unless providing such indication would harm an interest protected by the exemption relied upon to deny such material); (3) Set forth the name and title or position of the responsible official; (4) Advise the requester of the right to an administrative appeal in accordance with § 802.16; and (5) Specify the official or office to which such appeal shall be submitted. (b) No records found. If it is determined, after a thorough search for records by the responsible official or his delegate, that no records have been found to exist, the responsible official will so notify the requester in writing. The letter of notification will advise the requester of the right to administratively appeal the determination that no records exist ( i.e., to challenge the adequacy of the search for responsive records) in accordance with § 802.16. The notification shall specify the official or office to which the appeal shall be submitted for review. | |||||
| 28:28:2.0.6.5.3.3.127.6 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | C | Subpart C—Privacy Act | § 802.16 Administrative appeal. | CSOSA | (a) A requester may appeal an Agency initial determination when: (1) Access to records has been denied in whole or in part; or (2) It has been determined that no responsive records exist. (b) Appeals of initial determinations must be made within 30 days of the receipt of the letter denying the request. Both the envelope and the letter of appeal should be sent to the Office of the General Counsel, Court Services and Offender Supervision Agency, 633 Indiana Avenue, NW., Room 1220, Washington, DC 20004 and must be clearly marked “Privacy Act Appeal.” (c) The General Counsel will make an appeal determination within 30 days (excluding Saturdays, Sundays, and holidays) from the date of receipt of the appeal. However, for a good reason, this time limit may be extended. If, after review, the General Counsel determines that additional information should be released, it will accompany the appeal response. If, after review, the General Counsel determines to uphold the initial review, we will inform you of that decision. | |||||
| 28:28:2.0.6.5.3.3.127.7 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | C | Subpart C—Privacy Act | § 802.17 Documents from other agencies. | CSOSA | (a)(1) Documents from or pertaining to Federal agencies. When a request for records includes a document from another Federal agency, the document will be referred to the originating Federal agency for a determination of its releasability. The requester will be informed of the referral. This is not a denial of a Privacy Act request; thus no appeal rights accrue to the requester. (2) When a Privacy Act request is received for a record created by the Agency that includes information originated by another Federal agency, the record will be referred to the originating agency for review and recommendation on disclosure. The Agency will not release any such record without prior consultation with the originating agency. (b) Documents from non-Federal agencies. When a request for records includes a document from a non-Federal agency, CSOSA staff must make a determination of its releasability. | |||||
| 28:28:2.0.6.5.3.3.127.8 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | C | Subpart C—Privacy Act | § 802.18 Correction or amendment of records. | CSOSA | This section applies to all records kept by the Agency except for records of earnings. If you believe your record is not accurate, relevant, timely, or complete, you may request that your record be corrected or amended. A request for correction or amendment must identify the particular record in question, state the correction or amendment sought, and set forth the justification for the correction. To amend or correct your record, you should write to the Office of the General Counsel identified in § 802.14(a)(1). You should submit any available evidence to support your request. Both the request and the envelope must be clearly marked “Privacy Act Correction Request.” Your request should indicate: (a) The system of records from which the record is retrieved; (b) The particular record which you want to correct or amend; (c) Whether you want to add, delete or substitute information in the records; and (d) Your reasons for believing that your record should be corrected or amended. | |||||
| 28:28:2.0.6.5.3.3.127.9 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | C | Subpart C—Privacy Act | § 802.19 Appeal of denial to correct or amend. | CSOSA | (a) The system manager may grant or deny requests for correction of agency records. One basis for denial may be that the records are contained in an agency system of records that has been published in the Federal Register and exempted from the Privacy Act provisions allowing amendment and correction. (1) Any denial of a request for correction should contain a statement of the reason for denial and notice to the requester that the denial may be appealed to the General Counsel by filing a written appeal. (2) The appeal should be marked on the face of the letter and the envelope, “PRIVACY APPEAL—DENIAL OF CORRECTION,” and be addressed to the Office of the General Counsel, address cited at § 802.14(a)(1). (3) The General Counsel will review your request within 30 days from the date of receipt. However, for a good reason, this time limit may be extended. If, after review, the General Counsel determines that the record should be corrected, the record will be corrected. If, after review, the General Counsel refuses to amend the record exactly as you requested, we will inform you: (i) That your request has been refused and the reason; (ii) That this refusal is the Agency's final decision; (iii) That you have a right to seek court review of this request to amend the record; and (iv) That you have a right to file a statement of disagreement with the decision. Your statement should include the reason you disagree. We will make your statement available to anyone to whom the record is subsequently disclosed, together with a statement of our reasons for refusing to amend the record. (b) Requests for correction of records prepared by other federal agencies shall be forwarded to that agency for appropriate action and the requester will be immediately notified of the referral in writing. (c) When the request is for correction of non-Federal records, the requester will be advised to write to that non-Federal entity. | |||||
| 28:28:2.0.6.5.3.4.127.1 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | D | Subpart D—Subpoenas or Other Legal Demands for Testimony or the Production or Disclosure of Records or Other Information | § 802.24 Purpose and scope. | CSOSA | (a) These regulations state the procedures which the Court Services and Offender Supervision Agency (“CSOSA” or “Agency”) and the District of Columbia Pretrial Services Agency (“PSA” or “Agency”) follow in response to a demand from a Federal, state, or local administrative body for the production and disclosure of material in connection with a proceeding to which the Agency is not a party. (b) These regulations do not apply to congressional requests. Neither do these regulations apply in the case of an employee making an appearance solely in his or her private capacity in judicial or administrative proceedings that do not relate to the Agency (such as cases arising out of traffic accidents, domestic relations, etc.). (c) This part is not intended and does not create and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States or specifically CSOSA or PSA. | |||||
| 28:28:2.0.6.5.3.4.127.2 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | D | Subpart D—Subpoenas or Other Legal Demands for Testimony or the Production or Disclosure of Records or Other Information | § 802.25 Definitions. | CSOSA | Demand means a request, order, or subpoena for testimony or documents to use in a legal proceeding. Employee includes a person employed in any capacity by CSOSA or PSA, currently or in the past; any person appointed by, or subject to the supervision, jurisdiction, or control of the head of the Agency, or any Agency official, currently or in the past. A person who is subject to the Agency's jurisdiction or control includes any person who hired as a contractor by the agency, any person performing services for the agency under an agreement, and any consultant, contractor, or subcontractor of such person. A former employee is also considered an employee only when the matter about which the person would testify is one in which he or she was personally involved while at the Agency, or where the matter concerns official information that the employee acquired while working at the Agency, such as sensitive or confidential agency information. Legal Proceeding includes any pretrial, trial, and post-trial state of any existing or reasonably anticipated judicial or administrative action, hearing, investigation, or similar proceeding before a court, commission, board, agency, or other tribunal, authority or entity, foreign or domestic. Legal proceeding also includes any deposition or other pretrial proceeding, including a formal or informal request for testimony made by an attorney or other person, or a request for documents gathered or drafted by an employee. | |||||
| 28:28:2.0.6.5.3.4.127.3 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | D | Subpart D—Subpoenas or Other Legal Demands for Testimony or the Production or Disclosure of Records or Other Information | § 802.26 Receipt of demand. | CSOSA | If, in connection with a proceeding to which the Agency is not a party, an employee receives a demand from a court or other authority for material contained in the Agency's files, any information relating to material contained in the Agency's files, or any information or material acquired by an employee as a part of the performance of that person's official duties or because of that person's official status, the employee must: (a) Immediately notify the Office of the General Counsel and forward the demand to the General Counsel if the demand pertains to CSOSA; or (b) Immediately notify the Deputy Director of PSA and forward the demand to the Deputy Director if the demand pertains to PSA. | |||||
| 28:28:2.0.6.5.3.4.127.4 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | D | Subpart D—Subpoenas or Other Legal Demands for Testimony or the Production or Disclosure of Records or Other Information | § 802.27 Compliance/noncompliance. | CSOSA | The General Counsel is responsible for determining if CSOSA should comply or not comply with the demand, and the Deputy Director of PSA is responsible for determining if PSA should comply with the demand. (a) An employee may not produce any documents, or provide testimony regarding any information relating to, or based upon Agency documents, or disclose any information or produce materials acquired as part of the performance of that employee's official duties, or because of that employee's official status without prior authorization from the General Counsel or Deputy Director. The reasons for this policy are as follows: (1) To conserve the time of the agency for conducting official business; (2) To minimize the possibility of involving the agency in controversial issues that are not related to the agency's mission; (3) To prevent the possibility that the public will misconstrue variances between personal opinions of agency employees and agency policies; (4) To avoid spending the time and money of the United States for private purposes; (5) To preserve the integrity of the administrative process; and (6) To protect confidential, sensitive information and the deliberative process of the agency. (b) An attorney from the Office of the General Counsel shall appear with any CSOSA employee upon whom the demand has been made (and with any PSA employee if so requested by the Deputy Director), and shall provide the court or other authority with a copy of the regulations contained in this part. The attorney shall also inform the court or authority that the demand has been or is being referred for prompt consideration by the General Counsel or Deputy Director. The court or other authority will be requested respectfully to stay the demand pending receipt of the requested instructions from the General Counsel or Deputy Director. (c) If the court or other authority declines to stay the effect of the demand pending receipt of instructions from the General Counsel or Deputy Director, or if the court or other authority ru… | |||||
| 28:28:2.0.6.5.3.5.127.1 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 802.28 Exemption of the Court Services and Offender Supervision Agency System—limited access. | CSOSA | The Privacy Act permits specific systems of records to be exempt from some of its requirements. (a)(1) The following systems of records are exempt from 5 U.S.C. 552a(c)(3) and (4), (d), (e)(1)-(3), (4)(G)-(I), (5) and (8), (f) and (g): (i) Background Investigation (CSOSA-2). (ii) Supervision Offender Case File (CSOSA-9). (iii) Pre-Sentence Investigations (CSOSA-10). (iv) Supervision & Management Automated Record Tracking (SMART) (CSOSA-11). (v) Recidivism Tracking Database (CSOSA-12). (vi) [Reserved] (vii) Substance Abuse Treatment Database (CSOSA-15). (viii) Screener (CSOSA-16). (ix) Sex Offender Registry (CSOSA-18). (2) Exemptions from the particular subsections are justified for the following reasons: (i) From subsection (c)(3) because offenders will not be permitted to gain access or to contest contents of these record systems under the provisions of subsection (d) of 5 U.S.C. 552a. Revealing disclosure accountings can compromise legitimate law enforcement activities and CSOSA responsibilities. (ii) From subsection (c)(4) because exemption from provisions of subsection (d) will make notification of formal disputes inapplicable. (iii) From subsection (d), (e)(4)(G) through (e)(4)(I), (f) and (g) because exemption from this subsection is essential to protect internal processes by which CSOSA personnel are able to formulate decisions and policies with regard to offenders, to prevent disclosure of information to offenders that would jeopardize legitimate correctional interests of rehabilitation, and to permit receipt of relevant information from other federal agencies, state and local law enforcement agencies, and federal and state probation and judicial offices. (iv) From subsection (e)(1) because primary collection of information directly from offenders about criminal history or criminal records is highly impractical and inappropriate. (A) It is not possible in all instances to determine relevancy or necessity of specific information in the early stages of a criminal or other investigation. (B)… | |||||
| 28:28:2.0.6.5.3.5.127.2 | 28 | Judicial Administration | VIII | 802 | PART 802—DISCLOSURE OF RECORDS | E | Subpart E—Exemption of Records Systems Under the Privacy Act | § 802.29 Exemption of the Pretrial Services Agency System. | CSOSA | The Privacy Act permits specific systems of records to be exempt from some of its requirements. (a)(1) The following systems of records are exempt from 5 U.S.C. 552a(c)(3) and (4), (d), (e)(1)-(3), (4)(G)-(I), (5) and (8), (f) and (g): (i) Automated Bail Agency Database (ABADABA) (CSOSA/PSA-1). (ii) Drug Test Management System (DTMS) (CSOSA/PSA-2). (iii) Interview and Treatment Files (CSOSA/PSA-3). (iv) Pretrial Realtime Information Systems Manager (PRISM) (CSOSA/PSA-6). (2) Exemptions from the particular subsections are justified for the following reasons: (i) From subsection (c)(3) because defendants/offenders will not be permitted to gain access or to contest contents of these record systems under the provisions of subsection (d) of 5 U.S.C. 552a. Revealing disclosure accountings can compromise legitimate law enforcement activities and CSOSA/PSA responsibilities. (ii) From subsection (c)(4) because exemption from provisions of subsection (d) will make notification of formal disputes inapplicable. (iii) From subsection (d), (e)(4)(G) through (e)(4)(I), (f) and (g) because exemption from this subsection is essential to protect internal processes by which CSOSA/PSA personnel are able to formulate decisions and policies with regard to defendants/offenders, to prevent disclosure of information to defendants/offenders that would jeopardize legitimate correctional interests of rehabilitation, and to permit receipt of relevant information from other federal agencies, state and local law enforcement agencies, and federal and state probation and judicial offices. (iv) From subsection (e)(1) because primary collection of information directly from defendants/offenders about criminal history or criminal records is highly impractical and inappropriate. (A) It is not possible in all instances to determine relevancy or necessity of specific information in the early stages of a criminal or other investigation. (B) Relevancy and necessity are questions of judgment and timing; what appears relevant and necessary when… | |||||
| 28:28:2.0.6.5.4.0.127.1 | 28 | Judicial Administration | VIII | 803 | PART 803—AGENCY SEAL | § 803.1 Description. | CSOSA | [69 FR 21059, Apr. 20, 2004, as amended at 77 FR 59082, Sept. 26, 2012] | (a) The Agency seal of the Court Services and Offender Supervision Agency for the District of Columbia (CSOSA or Agency) is described as follows: General George Washington's coat of arms in red and white bounded by an outline of the District of Columbia and superimposed upon a blue field together with the dome of the United States Capitol building in gold; encircled by a banner with the words “Community, Accountability, and Justice” and gold laurel branches, with gold edges bearing the inscription “COURT SERVICES AND OFFENDER SUPERVISION AGENCY” above three stars at either side of the words “DISTRICT OF COLUMBIA” in smaller letters in the base; letters and stars in gold. A reproduction of the Agency seal in black and white appears as follows. (b) The Agency seal of the Pretrial Services Agency for the District of Columbia (PSA or Agency) is described as follows: Two crossed flags, the United States flag on the left and the District of Columbia flag on the right superimposed upon the United States Capitol dome and two laurel branches both in gold which appear on a blue field bearing a white banner edged and lettered in gold with the inscription “COMMUNITY, ACCOUNTABILITY, JUSTICE”; bearing the inscription “PRETRIAL SERVICES AGENCY” at the top, and “DISTRICT OF COLUMBIA” at the bottom surrounded by three gold stars on either side; letters and stars in gold. A reproduction of the Agency seal in black and white appears below. | ||||||
| 28:28:2.0.6.5.4.0.127.2 | 28 | Judicial Administration | VIII | 803 | PART 803—AGENCY SEAL | § 803.2 Authority to affix seal. | CSOSA | [77 FR 59082, Sept. 26, 2012] | The Director of CSOSA or PSA (as appropriate) and each Director's designees are authorized to affix their respective Agency seal (including replicas and reproductions) to appropriate documents, certifications, and other materials for all purposes authorized by this part. | ||||||
| 28:28:2.0.6.5.4.0.127.3 | 28 | Judicial Administration | VIII | 803 | PART 803—AGENCY SEAL | § 803.3 Use of the seal. | CSOSA | [69 FR 21059, Apr. 20, 2004, as amended at 77 FR 59082, Sept. 26, 2012] | (a) Each Agency's seal is used by that Agency's staff for official Agency business as approved by the appropriate Director or designee in accordance with all subparts of 28 CFR 803.3. (b) Use of the Agency seal by any person or organization outside of the Agency may be made only with the appropriate prior written approval. (1) Any request for such use must be made in writing to the Office of the General Counsel, Court Services and Offender Supervision Agency for the District of Columbia, 633 Indiana Avenue, NW., Washington, DC 20004, and must specify, in detail, the exact use to be made. Any permission granted by the appropriate Director or designee applies only to the specific use for which it was granted and is not to be construed as permission for any other use. (2) The decision whether to grant such a request is made on a case-by-case basis, with consideration of all relevant factors, which may include: the benefit or cost to the government of granting the request; the unintended appearance of endorsement or authentication by the Agency; the potential for misuse; the effect upon Agency security; the reputability of the use; the extent of the control by the Agency over the ultimate use; and the extent of control by the Agency over distribution of any products or publications bearing the Agency seal. (c) Falsely making, forging, counterfeiting, mutilating, or altering the Agency seal or reproduction, or knowingly using or possessing with fraudulent intent an altered Agency seal or reproduction is punishable under 28 U.S.C. 506. (d) Any person using the Agency seal or reproduction in a manner inconsistent with the provisions of this part is subject to the provisions of 18 U.S.C. 1017, which states penalties for the wrongful use of an Agency seal, and other provisions of law as applicable. | ||||||
| 28:28:2.0.6.5.5.0.127.1 | 28 | Judicial Administration | VIII | 804 | PART 804—ACCEPTANCE OF GIFTS | § 804.1 Purpose. | CSOSA | By statute, the Director of the Court Services and Offender Supervision Agency (CSOSA or Agency) is authorized to accept and use gifts in the form of in-kind contributions of space and hospitality to support offender and defendant programs, and of equipment and vocational training services to educate and train offenders and defendants. The purpose of this part is to: (a) Inform the public of the procedures to follow when offering a gift; (b) Establish criteria for accepting and using gifts; (c) Establish procedures for audit and public inspection of records pertaining to the acceptance and use of gifts; and (d) Delegate gift acceptance authority to the Director of the Pretrial Services Agency (PSA or Agency). | |||||||
| 28:28:2.0.6.5.5.0.127.2 | 28 | Judicial Administration | VIII | 804 | PART 804—ACCEPTANCE OF GIFTS | § 804.2 Delegation of authority. | CSOSA | The Director of CSOSA hereby delegates to the Director of PSA the authority to accept and use gifts in the form of in-kind contributions of space and hospitality to support defendant programs, and of equipment and vocational training services to educate and train defendants in accordance with the requirements of this part. This delegation of authority may not be further delegated. | |||||||
| 28:28:2.0.6.5.5.0.127.3 | 28 | Judicial Administration | VIII | 804 | PART 804—ACCEPTANCE OF GIFTS | § 804.3 Restrictions. | CSOSA | (a) The Agency is not authorized to accept gifts of money, stock, bonds, personal or real property, or devises or bequests of such items, except as provided in this part. (b) Agency employees may not solicit any type of gift to the Agency. | |||||||
| 28:28:2.0.6.5.5.0.127.4 | 28 | Judicial Administration | VIII | 804 | PART 804—ACCEPTANCE OF GIFTS | § 804.4 Submission and approval. | CSOSA | (a) Offender programs and equipment and vocational training services. (1) Any person or organization wishing to donate as a gift in-kind contributions of space or hospitality to support offender programs, or equipment or vocational training services to educate and train offenders may submit the following information in writing to the Agency's Ethics Officer in the Office of the General Counsel: (i) The name of the person or organization offering the gift; (ii) A description of the gift; (iii) The estimated value of the gift; (iv) Any restrictions on the gift placed by the donor; and (v) A signed statement that the gift is unsolicited. (2) The Director, after consultation with the Agency's Ethics Officer, shall determine whether to accept or reject the gift. (3) CSOSA staff shall advise the person offering the gift of the Agency's determination, including, if applicable, the reason for rejection. Reasons for rejecting a gift include findings that: (i) There is a conflict of interest in accepting the gift; (ii) Acceptance of the gift is otherwise unlawful or would create the appearance of impropriety; (iii) Acceptance of the gift would obligate the Agency to an unbudgeted expenditure of funds; or (iv) Operation of the program, equipment, or vocational training services would not be practicable. (b) Defendant programs and equipment and vocational training services. (1) Any person or organization wishing to donate as a gift in-kind contributions of space or hospitality to support defendant programs, or equipment or vocational training services to educate and train defendants may submit the following information in writing to the Agency's Ethics Officer in the Office of the General Counsel: (i) The name of the person or organization offering the gift; (ii) A description of the gift; (iii) The estimated value of the gift; (iv) Any restrictions on the gift placed by the donor; and (v) A signed statement that the gift is unsolicited. (2) The General Counsel shall forward the request to PSA's Directo… | |||||||
| 28:28:2.0.6.5.5.0.127.5 | 28 | Judicial Administration | VIII | 804 | PART 804—ACCEPTANCE OF GIFTS | § 804.5 Audit and public inspection. | CSOSA | (a) Records regarding the acceptance and use of gifts shall be made available for Federal Government audit. (b) Public inspection of records regarding the acceptance and use of gifts shall be afforded through Freedom of Information Act requests ( see 28 CFR part 802). | |||||||
| 28:28:2.0.6.5.6.0.127.1 | 28 | Judicial Administration | VIII | 810 | PART 810—COMMUNITY SUPERVISION: ADMINISTRATIVE SANCTIONS | § 810.1 Supervision contact requirements. | CSOSA | 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”)). | |||||||
| 28:28:2.0.6.5.6.0.127.2 | 28 | Judicial Administration | VIII | 810 | PART 810—COMMUNITY SUPERVISION: ADMINISTRATIVE SANCTIONS | § 810.2 Accountability contract. | CSOSA | (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. (1) Substance abuse violations. (i) Positive drug test. (ii) Failure to report for drug testing. (iii) Failure to appear for treatment sessions. (iv) Failure to complete inpatient/outpatient treatment programming. (2) Non-criminal violations. (i) Failure to report to the CSO. (ii) Leaving the judicial district without the permission of the court or the CSO. (iii) Failure to work regularly or attend training and/or school. (iv) Failure to notify the CSO of 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) Failure 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 special agent of a law enforcement agency without the permission of the Court or the United States Parole Commission (“USPC”). (x) Failure 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)) which may be imposed for your first violation and for subsequent violations. (d) The accountability contract will provide for a reduction in your supervision level and/or the removal of previously imposed sanctions if: (1) You maintain compliance for at least ninety days, (2) The Su… | |||||||
| 28:28:2.0.6.5.6.0.127.3 | 28 | Judicial Administration | VIII | 810 | PART 810—COMMUNITY SUPERVISION: ADMINISTRATIVE SANCTIONS | § 810.3 Consequences of violating the conditions of supervision. | CSOSA | (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: (1) Daily check-in with supervision for a specified period of time; (2) Increased group activities for a specified period of time; (3) Increased drug testing; (4) Increased supervision contact requirements; (5) Referral for substance abuse addiction or other specialized assessments; (6) Electronic monitoring for a specified period of time; (7) 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. (9) Travel restrictions. (c) You remain subject to further action by the releasing authority. For example, the USPC may override the imposition of any of the sanctions in paragraph (b) of this section and issue a warrant or summons if you are a parolee and 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)). | |||||||
| 28:28:2.0.6.5.7.0.127.1 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.1 Purpose and scope; relation to District of Columbia regulations. | CSOSA | [67 FR 54095, Aug. 21, 2002, as amended at 69 FR 18803, Apr. 9, 2004] | (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 National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. 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 limite… | ||||||
| 28:28:2.0.6.5.7.0.127.10 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.10 Changes in registration information. | CSOSA | (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. | |||||||
| 28:28:2.0.6.5.7.0.127.11 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.11 Compliance. | CSOSA | (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. | |||||||
| 28:28:2.0.6.5.7.0.127.12 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.12 Penalties. | CSOSA | 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 § 811.6(b)(2). | |||||||
| 28:28:2.0.6.5.7.0.127.13 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.13 Notices and appearances. | CSOSA | 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 2002, 300 Indiana Avenue, NW., Washington, DC 20001. | |||||||
| 28:28:2.0.6.5.7.0.127.14 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.14 Definitions. | CSOSA | (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. | |||||||
| 28:28:2.0.6.5.7.0.127.2 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.2 Applicability. | CSOSA | (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 §§ 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 § 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. | |||||||
| 28:28:2.0.6.5.7.0.127.3 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.3 Notice of obligation to register. | CSOSA | (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. | |||||||
| 28:28:2.0.6.5.7.0.127.4 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.4 Determination of the obligation to register and the length of registration. | CSOSA | (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 § 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 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 § 811.6. | |||||||
| 28:28:2.0.6.5.7.0.127.5 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.5 Commencement of the obligation to register. | CSOSA | (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 § 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. | |||||||
| 28:28:2.0.6.5.7.0.127.6 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.6 Duration of the obligation to register. | CSOSA | (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 Colum… | |||||||
| 28:28:2.0.6.5.7.0.127.7 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.7 Initial registration. | CSOSA | (a) Duties of sex offender. (1) A sex offender must notify CSOSA within 3 days of the occurrence of any circumstance described in § 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 § 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… | |||||||
| 28:28:2.0.6.5.7.0.127.8 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.8 Review of determination to register. | CSOSA | (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 § 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. | |||||||
| 28:28:2.0.6.5.7.0.127.9 | 28 | Judicial Administration | VIII | 811 | PART 811—SEX OFFENDER REGISTRATION | § 811.9 Periodic verification of registration information. | CSOSA | [67 FR 54095, Aug. 21, 2002, as amended at 78 FR 23836, Apr. 23, 2013] | (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 send a certified letter with return receipt requested to the home 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. (e) CSOSA, either on its own accord or with its law enforcement partners, will conduct home verifications of registered sex offenders pursuant to the following schedule: (1) Semi-annually, at least every six months, for all registered Class A sex offenders without supervision obligation. (2) Annually, for all registered Class B sex offenders without a supervision obligation. (3) As directed by CSOSA and consistent with Agency policy for all Class A and B sex offenders with supervision obligation. | ||||||
| 28:28:2.0.6.5.8.0.127.1 | 28 | Judicial Administration | VIII | 812 | PART 812—COLLECTION AND USE OF DNA INFORMATION | § 812.1 Purpose. | CSOSA | The Court Services and Offender Supervision Agency for the District of Columbia (“CSOSA”) cooperates with other federal agencies to ensure that DNA samples from offenders are appropriately furnished to the Federal Bureau of Investigation (“FBI”) for DNA analysis. The results of the DNA analyses are to be included in the Combined DNA Index System (“CODIS”). | |||||||
| 28:28:2.0.6.5.8.0.127.2 | 28 | Judicial Administration | VIII | 812 | PART 812—COLLECTION AND USE OF DNA INFORMATION | § 812.2 Individuals subject to DNA collection. | CSOSA | CSOSA is responsible for collecting a DNA sample from each individual under its supervision who is, or has been, convicted of a qualifying District of Columbia Code offense. Qualifying District of Columbia Code offenses were designated by the Council of the District of Columbia in the “DNA Sample Collection Act of 2001.” CSOSA provides a listing of these offenses in the Appendix to this part. The list is presented for informational purposes only. Any future revision to the District of Columbia Code sections designating the qualifying offenses will be effective notwithstanding the timing of a conforming revision of the Appendix by CSOSA. CSOSA may choose not to collect a sample from an individual if it determines that CODIS already contains a DNA analysis for the individual. | |||||||
| 28:28:2.0.6.5.8.0.127.3 | 28 | Judicial Administration | VIII | 812 | PART 812—COLLECTION AND USE OF DNA INFORMATION | § 812.3 Coordination with the Federal Bureau of Prisons. | CSOSA | (a) CSOSA will coordinate with the Federal Bureau of Prisons in order to obtain documentation regarding the collection of a DNA sample when the Federal Bureau of Prisons releases an inmate to CSOSA's supervision or as requested by CSOSA. (b) CSOSA shall provide the Federal Bureau of Prisons with documentation regarding the collection of a DNA sample from a District of Columbia Code offender when CSOSA returns the District of Columbia Code offender to the custody of the Federal Bureau of Prisons or as requested by the Federal Bureau of Prisons. | |||||||
| 28:28:2.0.6.5.8.0.127.4 | 28 | Judicial Administration | VIII | 812 | PART 812—COLLECTION AND USE OF DNA INFORMATION | § 812.4 Collection procedures. | CSOSA | [67 FR 54100, Aug. 21, 2002, as amended at 68 FR 19742, Apr. 22, 2003] | (a) DNA samples will be collected, handled, preserved, and submitted to the FBI in accordance with FBI guidelines. (b) CSOSA has the authority to use such means as are reasonably necessary to collect a sample from an individual who refuses to cooperate in the collection of the sample. Unless CSOSA determines that there are mitigating circumstances, CSOSA will consider that an individual is refusing to cooperate if: (1) The individual is being ordered or transferred to CSOSA's supervision, but fails to report to CSOSA for collection of the sample within 15 business days of being sentenced to probation or being discharged from a correctional institution; or (2) The individual is already under CSOSA supervision and has been notified by his or her Community Supervision Officer of the time to report for collection of the sample, but fails to report for collection of the sample; or (3) The individual has reported to CSOSA for collection of the sample, but fails to provide the sample after being given a minimum of one hour to do so; or (4) The individual specifically states that he or she will not cooperate. (c) When an individual has refused to cooperate in the collection of the sample, CSOSA deems the following to be reasonably necessary means for obtaining the sample: (1) Impose administrative sanctions; (2) Request a revocation hearing by the releasing authority; and/or (3) Refer the individual who refuses to cooperate for criminal prosecution for a class A misdemeanor pursuant to section 4(a)(5) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135b(a)(5)). | ||||||
| 28:28:2.0.6.5.9.0.127.1 | 28 | Judicial Administration | VIII | 813 | PART 813—GUIDANCE DEVELOPMENT PROCEDURES | § 813.1 Overview of guidance development process. | CSOSA | (a) This part governs all Court Services and Offender Supervision Agency for the District of Columbia (CSOSA) and Pretrial Services Agency (PSA) employees and contractors involved with all phases of implementing CSOSA guidance documents. (b) The procedures set forth in this part apply to all guidance documents, issued by all components of CSOSA and PSA. (c) For purposes of this part, “guidance document” means an agency statement of general applicability, intended to have future effect on the behavior of regulated parties, that sets forth a policy on a statutory, regulatory, or technical issue, or an interpretation of statute or regulation. Guidance documents do not have the force and effect of law and are not meant to bind the public in any way. A guidance document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. (d) CSOSA may not cite, use, or rely on guidance documents that are rescinded, except to establish historical facts. (e) Guidance documents not posted on the Agencies' web portal are considered rescinded, and not in effect. (f) This part does not apply to: (1) Rules promulgated pursuant to notice and comment under section 553 of title 5, United States Code, or similar statutory provisions; (2) Rules exempt from rulemaking requirements under 5 U.S.C. 553(a); (3) Rules of agency organization, procedure, or practice; (4) Decisions of agency adjudications under 5 U.S.C. 554 or similar statutory provisions; (5) Internal executive branch legal advice or legal advisory opinions addressed to executive branch officials; (6) Agency statements of specific applicability, including advisory or legal opinions directed to particular parties about circumstance-specific questions ( e.g., case or investigatory letters responding to complaints, warning letters), notices regarding particular locations or facilities ( e.g., guidance pertaining to the use, operation, or control of a government facility or property), and correspondence with individ… | |||||||
| 28:28:2.0.6.5.9.0.127.2 | 28 | Judicial Administration | VIII | 813 | PART 813—GUIDANCE DEVELOPMENT PROCEDURES | § 813.2 Guidance management process for CSOSA. | CSOSA | All CSOSA guidance documents, as defined in § 813.1, require review and clearance in accordance with this section. CSOSA's guidance documents are created through the Office of Policy Analysis (OPA), and come in two primary forms, policy statements and procedures (also known as operating instructions). This section sets forth the process for review and clearance for each. (a) Policy statements are: (1) Prepared by CSOSA components and issued under the Director's signature; (2) Remain in effect and active until rescinded, amended, or superseded; (3) Are reviewed by all CSOSA Associate Directors or their designees; (4) Are prepared using a standard format provided by the Office of Policy Analysis (OPA); (5) Are developed and maintained using a four-stage process that includes planning, development, review, and maintenance, each stage taking place within specified timeframes; and (6) Are reviewed and re-certified biennially. (b) Procedures are: (1) Coordinated through OPA; (2) Evaluated to prevent the issuance of duplicative or conflicting procedures; (3) Tied to a policy statement; (4) Developed in a collaborative process that addresses all relevant stakeholders' input; (5) Organized so that critical information is readily accessible and staff know how and where to find any related information; and (6) Maintained in an archive system to ensure future decision-makers have adequate information regarding the basis for previous procedure determinations. (c) The CSOSA Director, or his/her designee, may waive or truncate the internal policy development process where good cause exists, for example where Congress or the executive branch mandates changes. (d) CSOSA will notify OMB's Office of Information and Regulatory Affairs (OIRA) regularly of upcoming guidance documents. Notification will include a list of planned guidance documents, including summaries of each guidance document and the agency's recommended designation of “not significant” or “significant” as defined in § 813.7. (e) CSOSA will seek signi… | |||||||
| 28:28:2.0.6.5.9.0.127.3 | 28 | Judicial Administration | VIII | 813 | PART 813—GUIDANCE DEVELOPMENT PROCEDURES | § 813.3 Requirements for clearance of CSOSA guidance documents. | CSOSA | CSOSA's review and clearance of guidance documents, including policy and procedures, occurs according to the stages set forth in paragraphs (a) and (b) of this section. (a) Policy management —(1) Stage 1—planning. The CSOSA component coordinates with OPA to initiate the process. (2) Stage 2—development. The CSOSA component provides the operational details and OPA will conduct the analysis and coordination and then prepare the initial document. (3) Stage 3—review. The multi-layered review involves the Associate Directors, other CSOSA components and Employee Labor Relations (ELR), if appropriate. Upon completion, the Director reviews and signs the document for implementation. (4) Stage 4—maintenance. The Office of Information Technology (OIT) posts the signed policies to CSOSA's intranet and/or public-facing web portal, and OPA maintains the central repository of all signed policies and associated working files and initiates the biennial review. (b) Procedure (also known as operating instruction—OI) management —(1) Stage 1—planning. The CSOSA component submits a request to OPA for a new OI or an update to an existing OI; (2) Stage 2—development. The CSOSA component prepares the content for the initial draft, which OPA reviews and affects any necessary coordination across CSOSA. (3) Stage 3—review. The initial draft OI is submitted simultaneously to CSOSA Associate Directors, the Supervisory Policy Analyst, and Office of the Director for review. If applicable, notice is provided to union representatives; and upon clearance and approvals it is submitted to the Director for review, signature, and implementation. (4) Stage 4—maintenance. The Office of Information Technology (OIT) posts the signed OI to CSOSA's intranet and/or public-facing web portal; OPA maintains the central repository of all signed OI and associated working files and initiates the biennial review. | |||||||
| 28:28:2.0.6.5.9.0.127.4 | 28 | Judicial Administration | VIII | 813 | PART 813—GUIDANCE DEVELOPMENT PROCEDURES | § 813.4 Guidance development process for Pretrial Services Agency (PSA). | CSOSA | Pretrial Services Agency (PSA), an independent agency within CSOSA, has its own guidance or policy development process, coordinated through PSA's Office of Planning, Policy, and Analysis (OPPA). PSA's guidance development process occurs as detailed in paragraphs (a) through (d) of this section: (a) PSA's guidance documents are: (1) Prepared by the responsible PSA Office and issued with the PSA Director's signature; (2) Remain in effect and active until rescinded, amended, or superseded; (3) Reviewed by all PSA Deputy Assistant Directors and/or designees; (4) Prepared using a standard format provided by OPPA; and (5) Developed using a process that includes planning, development, review, and maintenance in accordance with specified timeframes. (b) PSA process and procedure documents are: (1) Coordinated with assistance from OPPA, as appropriate, to avoid duplicative or conflicting procedures; (2) Tied to a policy, when appropriate; (3) Developed in collaboration with all stakeholders including the bargaining unit; (4) Organized in a manner that is readily accessible by those who need it; and (5) Maintained according to records management standards. (c) The PSA Director, or his/her designee, may waive or truncate the internal development process where good cause exists, for example where Congress or the executive branch mandates changes within a specified period or allow changes that need to be implemented immediately. (d) The process set forth in § 813.2(d) and (e) also applies to PSA guidance documents. | |||||||
| 28:28:2.0.6.5.9.0.127.5 | 28 | Judicial Administration | VIII | 813 | PART 813—GUIDANCE DEVELOPMENT PROCEDURES | § 813.5 Required elements of guidance documents. | CSOSA | CSOSA and PSA will ensure each guidance document: (a) Complies with all relevant statutes and regulations; (b) Identifies or includes: (1) The term “guidance” or its functional equivalent; (2) The component or division issuing the document; (3) The activities to which or the person to whom the document applies; (4) The date of issuance; (5) If it is a revision, the name/number of the guidance document it replaces; (6) The title of the guidance and the document identification number; (7) Citation(s) to the statutory provision or regulation to which it applies or interprets; (8) A disclaimer stating: “The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.”; and (9) A short summary of the subject matter covered in the guidance document, at the top of the document. | |||||||
| 28:28:2.0.6.5.9.0.127.6 | 28 | Judicial Administration | VIII | 813 | PART 813—GUIDANCE DEVELOPMENT PROCEDURES | § 813.6 Public access to and notification of effective guidance documents. | CSOSA | CSOSA and PSA will: (a) Ensure that all effective guidance documents are: (1) Identified by a unique identifier which includes, at a minimum, the document's title and date of issuance or revision; (2) Located on its web portal in a single, searchable, indexed database; and (3) Available to the public. (b) Note on the agency web portal that guidance documents lack the force and effect of law, except as authorized by law or as incorporated into a contract. (c) Maintain and advertise on its web portal a means for the public to comment electronically on any guidance documents that are subject to the notice and comment procedures and to submit requests electronically for issuance, reconsideration, modification, or rescission of guidance documents in accordance with § 813.9. | |||||||
| 28:28:2.0.6.5.9.0.127.7 | 28 | Judicial Administration | VIII | 813 | PART 813—GUIDANCE DEVELOPMENT PROCEDURES | § 813.7 Definition of “significant guidance document”. | CSOSA | For purposes of this part, “significant guidance document” means a guidance document that will be disseminated to regulated entities or the general public and that may reasonably be anticipated: (a) To lead to an annual effect on the economy of $100 million or more or adversely affect in a material way the U.S. economy, a sector of the U.S. economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (b) To create serious inconsistency or otherwise interfere with an action taken or planned by another Federal agency; (c) To alter materially the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (d) To raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in E.O. 12866, as further amended. | |||||||
| 28:28:2.0.6.5.9.0.127.8 | 28 | Judicial Administration | VIII | 813 | PART 813—GUIDANCE DEVELOPMENT PROCEDURES | § 813.8 Significant guidance documents. | CSOSA | (a) Though not legally binding, some agency guidance may result in a substantial economic impact. For example, the issuance of agency guidance may induce private parties to alter their conduct or conform to recommended standards of practices, thereby incurring costs beyond the costs of complying with existing statutes and regulations. (b) If there is a reasonable possibility the guidance may be considered “significant” within the meaning of § 813.7 or if the Agencies are uncertain whether the guidance may qualify as such, the Agencies must receive OMB's Office of Information and Regulatory Affairs (OIRA) approval before issuance, unless the Agencies and OIRA agree that exigency, safety, health, or other compelling cause warrants an exemption from some or all requirements. (c) When an agency is assessing or explaining whether it believes a guidance document is significant, it should, at a minimum, provide the same level of analysis that would be required for a major determination under the Congressional Review Act. 1 1 See OMB Memorandum M-19-14, Guidance on Compliance with the Congressional Review Act (April 11, 2019). (d) The following will apply to significant guidance documents: (1) A period of public notice and comment of at least 30 days before the issuance of a final guidance document, and a public response from the Agencies to major concerns raised in comments. If the Agencies, for good cause, find that the notice and public comment are impracticable, unnecessary, or contrary to the public interest, then no period of public comment will be provided, with notification and consultation with OIRA; (2) Approval by the respective Agency Director; (3) Review by OIRA under Executive Order 12866 before issuance; (4) Compliance with the applicable requirements for regulations or rules, including significant regulatory actions, set forth in E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving Regulation and Regulatory Review), E.O. 13609 (Promoting International Regulatory Cooperation), E.O. … | |||||||
| 28:28:2.0.6.5.9.0.127.9 | 28 | Judicial Administration | VIII | 813 | PART 813—GUIDANCE DEVELOPMENT PROCEDURES | § 813.9 Petitions for withdrawal or modification of guidance. | CSOSA | Any person may petition CSOSA or PSA to withdraw or modify a particular guidance document. A person may make a request by accessing the respective agency guidance web portal or by writing a letter to the respective Agencies. The Agencies' portals allow an individual to provide his or her contact information and guidance-related requests. The Agencies will respond in a timely manner, but no later than 90 days after receipt of the request. |
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