§811.4. Determination of the obligation to register and the length of registration.
28 C.F.R. § 811.4
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).
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:
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;
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:
the age of the victim;
whether force was involved; or
whether the offense involved an undercover law enforcement officer who was believed to be an adult;
Prior criminal history;
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
The amount of time that has elapsed as computed under § 811.6.
Notes, amendments, and revision history
Authority
Authority: DC ST sec. 24-133 and the District of Columbia Sex Offender Registration Act of 1999, D.C. Law 13-137.
Source
Source: 67 FR 54095, Aug. 21, 2002, unless otherwise noted.