D.C. Mun. Regs. tit. 6, r. 6-A401

Current through Register Vol. 71, No. 39, September 27, 2024
Rule 6-A401 - DUTIES OF THE COURT
401.1

The Court shall enter an order concerning a person's status as a sex offender if:

(a) The person, after the Act takes effect, is convicted or acquitted on the ground of insanity of a registration offense in a proceeding before the Court or is determined by the Court to be a sexual psychopath;
(b) The Court, after the Act takes effect, orders the release of a person who may be a sex offender into the community following a period of detention, incarceration, confinement, civil commitment, or hospitalization;
(c) The government makes a motion for such an order; or
(d) The person files a motion as authorized by section 5 of the Act.
401.2

When the Court makes a determination concerning a person's status as a sex offender under the circumstances described in subsection 401.1(a) -(c) of these rules, the Court may combine the determination with a sentencing proceeding, release proceeding, or other proceeding relating to the person. The Court may make the determination in a separate proceeding if it is not feasible or convenient to combine the determination with another proceeding relating to the person, except that, in relation to a person who is convicted of a registration offense in a proceeding before the Court after the Act takes effect, the Court shall combine the determination with the sentencing proceeding for the offense. If the Court determines that a hearing is necessary to decide the issue or if the interests of justice otherwise require, the Court shall appoint counsel for the person if he or she is not represented by counsel and meets the financial criteria for the appointment of counsel.

401.3

When the Court makes a determination concerning a person's status as a sex offender under the circumstances described in subsection 401.1(d) of these rules, the Court shall follow the procedures set forth in section 5(b) and (c) of the Act, and shall decide the motion within 60 calendar days of its filing.

401.4

If the Court finds that a person is a sex offender as defined by the Act, the Court shall enter an order certifying that the person is a sex offender and that the person must register for a limited period pursuant to section 3(a) of the Act or must register for life pursuant to section 3(b) of the Act. If the Court determines that the person must register for a limited period pursuant to section 3(a) of the Act, the Court shall include in the order a determination whether the person is a Class B offender or a Class C offender as defined in section 12(b)(2) of the Act and subsection 400.4 of these rules. If the Court determines that the person must register for life pursuant to section 3(b) of the Act, the Court shall include in the order a classification of the person as a Class A offender. Both for sex offenders required to register for a limited period and for sex offenders required to register for life, the Court shall advise the sex offender of that person's duties under the Act, shall order the sex offender to report to the Agency to register as required by the Agency and to comply with the requirements of the Act, and shall require the sex offender to read and sign the order.

401.5

Notwithstanding the final sentence of subsection 401.4 of these rules, the Court does not have to advise a sex offender of that person's duties under the Act, order the sex offender to report to the Agency to register, or require the sex offender to read and sign the Court's order, if the Agency has already carried out the procedures set forth in subsection 405.1 of these rules in relation to the sex offender. The Court's order shall in any event include the sex offender's registration and notification classifications as described in subsection 401.4 of these rules and direct the sex offender to comply with the requirements of the Act.

401.6

The Court shall provide to the Agency a copy of any order of the Court concerning a person's status as a sex offender, and the Agency shall act in conformity with the Court's order.

401.7

The applicability of the requirement to register and the other requirements of the Act to a person does not depend on the Court's making a certification under this section. The Agency may make a determination concerning a person's status as a sex offender in any case in which the Court has not made such a determination.

401.8

When the Court orders the release into the community following a period of detention, incarceration, confinement, civil commitment, or hospitalization of a person whom the Court has already certified as a sex offender under this section, the Court shall provide the sex offender with a copy of the certification order and require the sex offender to read and sign the copy of the order.)

D.C. Mun. Regs. tit. 6, r. 6-A401

Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000)