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 telephone number(s); and (viii) Other information that may assist CSOSA or the Metropolitan Police Department in locating the sex offender. (2) CSOSA shall also obtain a detailed description of the offense(s) on the basis of which a sex offender is required to register, the presentence report(s), the victim impact statement(s), the date(s) of conviction and any sentence(s) imposed, the sex offender's criminal record and a detailed description of any relevant offense or offenses, pertinent statutes and case law in other jurisdictions, and any other information it deems useful in order to determine a sex offender's obligation to register, term of registration, and notification classification, to verify the accuracy of the information provided, to assist other jurisdictions' sex offender registration agencies and authorities, or to assist the Metropolitan Police Department in its law enforcement functions. (3) CSOSA shall inform a sex offender of the sex offender's duty to: (i) Comply with the requirements set forth in paragraph (a) of this section for initial registration; verify the ad (ii) Periodically dress(es) at which the sex offender lives, resides, works, and/or attends school, and other information, as provided in §811.9; (iii) Report any change of address and any other changes in registration information (including changes in appearance), as provided in §811.10; (iv) Notify CSOSA if the sex offender is moving to another jurisdiction or works or attends school in another jurisdiction and to register in any such jurisdiction; and (v) Comply with the requirements of the Act and any procedures, require ments, rules, or regulations promulgated under the Act, including these regulations and the District of Columbia regulations. (4) CSOSA shall inform the sex offender of the penalties for failure to comply with the sex offender's duties. (5) If the Superior Court has not entered an order certifying that a person is a sex offender, CSOSA shall inform the person that, if the person disagrees with CSOSA's determination that the person must register or CSOSA's determination of the person's classification for purposes of registration or notification, then the person must follow the review procedures set forth in § 811.8. CSOSA shall provide the person with a form to notify CSOSA of an intent to seek such review. §811.8 Review of determination to reg. ister. (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 §224004(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. $811.9 Periodic verification of reg istration information. (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 mail a verification form to the home address 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. § 811.10 Changes in registration information. (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. §811.11 Compliance. (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. §811.12 Penalties. 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). §811.13 Notices and appearances. 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. §811.14 Definitions. (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. (i) Manslaughter committed before, during, or after engaging in or attempting to engage in a sexual act or contact or rape; (j) Attempting to commit any of the foregoing offenses; (k) Conspiring to commit any of the foregoing offenses; or (1) Assault with intent to commit any of the foregoing offenses. 2. Class A also includes offenders who: (a) In two or more trials or plea proceedings, have been convicted or found not guilty by reason of insanity of a felony registration offense or any registration offense against a minor. (Recidivism). (b) In a single trial or plea proceeding. have been convicted or found not guilty by reason of insanity of registration offenses against two or more victims where each offense is a felony or committed against a minor (Multiple victims). (c) Have been determined to be sexual psychopaths. 3. Class A also includes offenders who have been convicted or found not guilty by reason of insanity under the law of another jurisdiction of offenses that involved conduct that is the same as or substantially similar to that above. CLASS B OFFENDERS TEN YEAR" REGISTRANTS (Other Offenses Against Minors, Wards, Patients, or Clients) (D.C. Official Code Secs. 22-4001(8), 4002(a), 4011(b)(2)(B)) 1. Class B includes offenders who are not included in Class A and have been convicted or found not guilty by reason of insanity of any of the following crimes against a minor (that is, a person under the age of 18): (a) Third degree sexual abuse; (b) Fourth degree sexual abuse; (c) Misdemeanor sexual abuse; (d) First degree child sexual abuse; (g) Sodomy committed against a minor; (i) Enticing a child; (j) Lewd, indecent or obscene acts; (k) Sexual performance using a minor; (1) Incest; (m) Obscenity; (n) Prostitution/Pandering; (0) Assault (unwanted sexual touching); (p) Threatening to commit a sexual offense; (q) First or second degree burglary with intent to commit sex offense; (r) Kidnapping (does not require a sexual purpose); (s) Assault with intent to commit any of the foregoing offenses; (t) Attempting to commit any of the foregoing offenses; (u) Conspiring to commit any of the foregoing offenses; or (v) Any offense against a minor for which the offender agreed in a plea agreement to be subject to sex offender registration requirements. 2. Class B also includes offenders who are not included in Class A and have been convicted or found not guilty by reason of insanity of any of the following crimes regardless of the age of the victim: (a) First degree sexual abuse of a ward or resident of a hospital, treatment facility or other institution. (b) Second degree sexual abuse of a ward or resident of a hospital, treatment facility or other institution. (c) First degree sexual abuse of a patient or client. (d) Second degree sexual abuse of a patient or client. 3. Class B also includes offenders who are not included in Class A and have been convicted or found not guilty by reason of insanity under the law of another jurisdiction of offenses that involved conduct that is the same as or substantially similar to that above. CLASS C OFFENDERS “TEN YEAR" REGISTRANTS (Other Offenses Against Adult Victims) (D.C. Official Code Secs. 22-4001(8), 4002(a), 4011(b)(2)(C)) 1. Class C includes offenders who are not included in Class A or Class B and have committed any of the following crimes against an adult (that is, a person 18 years of age or older): (a) Third degree sexual abuse; (c) First or second degree burglary with intent to commit sex offense; (d) Kidnapping with intent to commit sex offense; (e) Threatening to commit a sexual offense (felony); (f) Assault with intent to commit any of the foregoing offenses; (g) Attempting to commit any of the foregoing offenses; (h) Conspiring to commit any of the foregoing offenses, or; (i) Any offense for which the offender agreed in a plea agreement to be subject to sex offender registration requirements. 2. Class C also includes offenders who are not included in Class A or Class B and have been convicted or found not guilty by reason of insanity under the law of another jurisdiction of offenses that involved conduct that is the same as or substantially similar to that above. EXCEPTIONS (D.C. OFFICIAL CODE SEC. 224016(B)) The following do not constitute registration offenses: 1. Any sexual offense between consenting adults or an attempt, conspiracy or solicitation to commit such an offense, except for offenses to which consent is not a defense as provided in Section 218 of the Anti-Sexual Abuse Act of 1994 (D.C. Official Code §223017). 2. Any misdemeanor offense that involved a person's sexual touching or attempted or solicited sexual touching of an undercover law enforcement officer where the person believed that the officer was an adult. 3. Any misdemeanor offense committed against an adult, except where the offender agrees in a plea agreement to be subject to sex offender registration requirements. 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"). § 812.2 Individuals subject to DNA collection. 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. $812.3 Coordination with the Federal Bureau of Prisons. (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. § 812.4 Collection procedures. (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)). [67 FR 54100, Aug. 21, 2002, as amended at 68 FR 19742, Apr. 22, 2003] APPENDIX A TO PART 812-QUALIFYING DISTRICT OF COLUMBIA CODE OFFENSES As enacted by the Council of the District of Columbia, the DNA Sample Collection Act of 2001 identifies the criminal offenses listed in Table 1 of this appendix as "qualifying District of Columbia offenses" for the purposes of the DNA Analysis Backlog Elimination Act of 2000 (Pub. L. 106-546, 114 Stat. 2726). Table 2 of this Appendix lists these same offenses in numerical order under the D.C. Code, 1981 Edition. Table 3 of this Appendix lists these same offenses in numerical order under the D.C. Official Code, 2001 Edition. The tables follow: TABLE 1. OFFENSE LISTING (1) Section 820 of An Act To establish a code of law for the District of Columbia (arson); (2) Section 821 of An Act To establish a code of law for the District of Columbia (burning of one's own property with intent to defraud or injure another); (3) Section 848 of An Act To establish a code of law for the District of Columbia (malicious burning, destruction, or injury of another's property); (4) Section 803 of An Act To establish a code of law for the District of Columbia (assault with intent to kill, rob, or poison, or to commit first degree sexual abuse, second degree sexual abuse or child sexual abuse); (5) Section 804 of An Act To establish a code of law for the District of Columbia, (assault with intent to commit mayhem or with dangerous weapon); |