28 CFR §811.4

1. (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).
2. (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. (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. (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:
      1. (i)the age of the victim;
      2. (ii)whether force was involved; or
      3. (iii)whether the offense involved an undercover law enforcement officer who was believed to be an adult;
   3. (3)Prior criminal history;
   4. (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. (5)The amount of time that has elapsed as computed under § 811.6.