§ 24–211.02a. Processing and release of residents from the Central Detention Facility.
(a) The Department of Corrections shall process and release residents from the Central Detention Facility as follows:
(1) Except as provided in paragraphs (2) and (3) of this subsection, the Department of Corrections shall have the obligation to ensure that all residents are released by 10:00 p.m.; provided, that such obligation does not apply to residents who are ordered released by the court between 10:00 p.m. and 7:00 a.m. or to residents who are being released into the custody of another jurisdiction. The Department of Corrections shall have the obligation to abide by subsection (c) of this section for all residents being released between 10 p.m. and 7 a.m., including those who are ordered released by the court.
(2) For a resident ordered released pursuant to a court order, the resident shall be released within 5 hours after transfer from the custody of the United States Marshals Service into the custody of the Department of Corrections, unless the resident is to continue in confinement pursuant to another charge or warrant; provided, that the Department of Corrections has the obligation to release residents by 10:00 p.m.
(3) For a resident who has completed their sentence, and for whom there is no other outstanding charge or warrant, they shall be released before noon on their scheduled release date.
(b) The Department of Corrections shall establish, in coordination with the courts and the United States Marshals Service, procedures to ensure that residents who have been ordered released by the court are returned to the Central Detention Facility or Correctional Treatment Facility as promptly as possible.
(c) For all residents released between 10 p.m. and 7 a.m., the Department of Corrections shall ensure, before release, that:
(1)(A) The resident has a residence or other housing that they are able to access, and the resident has agreed, in writing, to access the residence or housing at the time of their release; or
(B) A shelter is able and willing to receive the resident at the time of their release, and the resident has agreed, in writing, to access the shelter at the time of their release;
(2) The resident is provided with the clothing that they wore upon intake or, if that clothing is not available, in poor condition, or otherwise unsuitable, other clothing provided by the Department of Corrections; provided, that the clothing is:
(A) Appropriate for the weather;
(B) Not a jumpsuit; and
(C) Typical of street clothing;
(3) Written verification is obtained from the Department of Corrections' healthcare provider that, upon release, the resident has at least a 7-day supply of all prescription medications that the resident is to continue taking upon release from custody and that the resident has received release counseling, if medically recommended, from the healthcare provider within the preceding 7 days;
(4) If the resident has been sentenced, they have been provided, within the 7 days before their release, release counseling on access to benefits and services available in the District to facilitate reentry;
(5) The resident has transportation immediately available upon their release to transport them to the housing identified in paragraph (1) of this subsection by:
(A) A member of the Department of Corrections' transportation unit;
(B) A vehicle for hire or public transportation, at the Department of Corrections' expense; or
(C) A friend or family member;
(6) The resident has been provided with the option of remaining within a Department of Corrections facility until release at 7 a.m. If a resident chooses to do so, the Department of Corrections must obtain a written waiver from them stating that they have knowingly, intelligently, and voluntarily decided to remain in a Department of Corrections facility until 7:00 a.m.; and
(7) The warden has certified, in writing, that the requirements of this subsection have been met.
(d)(1) The Department of Corrections shall maintain an accurate record of the date and time of each resident's release that shall be a matter of public record and that may be audited, upon request, by the Inspector General for the District of Columbia or the District of Columbia Auditor.
(2) The Department of Corrections shall provide to the Council, on a quarterly basis, a list of all residents who have been released in violation of this section. The list shall include the following information for each resident released:
(A) The custody status of the resident before release (e.g., pre-trial detention or sentenced misdemeanant);
(B) The reason for the resident's release (e.g., completion of sentence or court order);
(C) The date and time the Department of Corrections received the release order from the court or other authority; and
(D) The date and time of the release.
(e)(1) For each resident released after 10 p.m. on the date of the expiration of the resident's sentence or on the date the resident is ordered released by the court, the Department of Corrections shall be fined an initial $1,000, with an additional fine of $1,000 for each 24-hour period that the resident is overdetained.
(2) The Office of the Chief Financial Officer shall transfer funds in accordance with paragraph (1) of this subsection to the Settlements and Judgments fund to support litigation related to the Department of Corrections.
