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 Director with a recommendation whether to accept or reject the gift. (3) PSA staff shall advise the person offering the gift of the Agency's determination, including the reason for re jection. 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. § 804.5 Audit and public inspection. (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). (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 Supervisory Community Supervision Officer concurs with this assessment, and (3) There are no additional reasons unrelated to the imposed sanction requiring the higher supervision level. $810.3 Consequences of violating the conditions of supervision. (a) If your CSO has reason to believe that you are failing to abide by the general or specific conditions of release or you are engaging in criminal activity, you will be in violation of the conditions of your supervision. Your CSO may then impose administrative sanctions (see paragraph (b) of this section) and/or request a hearing by the releasing authority. This hearing may result in the revocation of your release or changes to the conditions of your release. (b) Administrative sanctions available to the CSO include: (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)). Sec. PART 811-SEX OFFENDER REGISTRATION 811.1 Purpose and scope; relation to District of Columbia regulations. 811.2 Applicability. 811.3 Notice of obligation to register. 811.4 Determination of the obligation to register and the length of registration. 811.5 Commencement of the obligation to register. 811.6 Duration of the obligation to register. 811.7 Initial registration. $811.1 Purpose and scope; relation to District of Columbia regulations. (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. 224001 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 to: http://www.archives.gov/ federal_register/ go 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 limited to all such powers, authorities, procedures and requirements relating to registration, verification, and changes in information. [67 FR 54095, Aug. 21, 2002, as amended at 69 FR 18803, Apr. 9, 2004] § 811.2 Applicability. (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. OffiIcial 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. §811.3 Notice of obligation to register. (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. §811.4 Determination of the obligation to register and the length of registration. (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. $811.5 Commencement of the obligation to register. (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. $811.6 Duration of the obligation to register. (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 For other place of confinement, whichI ever 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 Co lumbia terminates if the sex offender no longer lives, resides, works or attends school in the District of Columbia. However, the obligation to register in the District of Columbia resumes if the sex offender re-enters the District of Columbia within the registration period to live, reside, work or attend school. § 811.7 Initial registration. (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); (iii) Physical description such as sex, race, height, weight, eye color, hair |