Chapter 2. Prisons and Prisoners.

Subchapter I. Prisons.

Part A. General.

§ 24–201.01. Place of imprisonment; cumulative sentences; jurisdiction of prosecutions. [Repealed]

Repealed.

§ 24–201.02. Imprisonment for more than 1 year; jurisdiction over Reformatory prisoners; transfer from penitentiary to Reformatory.

Whenever any person has been convicted of crime in any court in the District of Columbia and sentenced to imprisonment for more than 1 year by the court, the imprisonment during the term for which he may have been sentenced or during the residue of said term may be in some suitable jail, or penitentiary, or in the Reformatory of the District of Columbia; and it shall be sufficient for the court to sentence the defendant to imprisonment in the penitentiary without specifying the particular prison or the Reformatory of the District of Columbia and the imprisonment shall be in such penitentiary, jail, or the Reformatory of the District of Columbia as the Attorney General shall from time to time designate; provided, that the Mayor of the District of Columbia is vested with jurisdiction over such male and female prisoners as may be designated by the Attorney General for confinement in the Reformatory of the District of Columbia from the time they are delivered into his custody or into the custody of his authorized Superintendent, deputy, or deputies, and until such prisoners are released or discharged under due process of law; and provided further, that the residue of the term of imprisonment of any person who has prior to July 1, 1916, been convicted of crime in any court in the District of Columbia and sentenced to imprisonment for more than 1 year by the court may be in the Reformatory of the District of Columbia instead of the penitentiary where such persons may be confined on July 1, 1916, and the Attorney General, when so requested by the Mayor of the District of Columbia, is authorized to, and he shall, deliver into the custody of the Superintendent of said Reformatory or his deputy or deputies any such person confined in any penitentiary in pursuance of any judgment of conviction in and sentence by any court in the District of Columbia, and the Mayor of the District of Columbia is vested with jurisdiction over such prisoners from the time they are delivered into the custody of said Superintendent or his duly authorized deputy or deputies, including the time when they are in transit between such penitentiary and the Reformatory of the District of Columbia, and during the period they are in such Reformatory or until they are released or discharged under due process of law. The Attorney General shall pay the cost of the maintenance of said prisoners so transferred, said payment to be from appropriations for support of convicts, District of Columbia, in like manner as payments are made for the support of District convicts in federal penitentiaries. Nothing herein contained shall be construed as applying to the National Training School for Boys or the National Training School for Girls.

(Sept. 1, 1916, 39 Stat. 711, ch. 433.)

Prior Codifications

1981 Ed., § 24-402.

1973 Ed., § 24-402.

References in Text

The National Training School for Boys, referred to in the last sentence of this section, was closed pursuant to an order of the Attorney General, dated May 15, 1968.

The National Training School for Girls, referred to in the last sentence of this section, was terminated by the Act of August 3, 1951, 65 Stat. 154, ch. 291, § 1, which provided that no new commitments to the School should be made after August 3, 1951.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 24–201.03. Transfer from Jail to Workhouse.

The United States District Court for the District of Columbia, Superior Court of the District of Columbia, the Attorney General, and the Superintendent of the Washington Asylum and Jail, when so requested by the Mayor of the District of Columbia, shall deliver into the custody of the Superintendent or the authorized deputy or deputies of said Superintendent of the Workhouse, male and female prisoners sentenced to confinement in said Jail for offenses against the common law or against statutes or ordinances relating to the District of Columbia, and, in the discretion of the United States District Court for the District of Columbia, Superior Court of the District of Columbia, and the Attorney General, male and female prisoners serving sentence in said Jail for offenses against the United States, for such work or services as may be necessary, in the discretion of the Mayor of said District, in connection with the construction, maintenance, and operation of said Workhouse, or the prosecution of any other public work at said institution or in the District of Columbia; provided, that, on the direction of said Mayor, male and female prisoners confined in any existing workhouse existing on March 2, 1911, or in the Washington Asylum and Jail of the District of Columbia shall be delivered into the custody of said Superintendent or the authorized deputy or deputies of said Superintendent aforesaid, to perform similar work or services to those hereinbefore required of male and female prisoners serving sentences in the District of Columbia Jail; provided further, that, the Mayor of the District of Columbia is hereby vested with jurisdiction over such male and female prisoners from the time they are so delivered into the custody of said Superintendent or the duly authorized deputy or deputies of said Superintendent, including the time when such prisoners are in transit between the District of Columbia and the site acquired for such Workhouse, and during the period such prisoners are on such site or in the District of Columbia until they are released or discharged under due process of law.

(Mar. 2, 1911, 36 Stat. 1002, ch. 192; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 590, Pub. L. 91-358, title I, § 171.)

Prior Codifications

1981 Ed., § 24-403.

1973 Ed., § 24-403.

Change in Government

§ 24–201.04. Commutation of fine.

In all cases in the District of Columbia where a defendant is sent to jail or to the Workhouse in default of the payment of a fine he shall be released upon the payment of the balance of the fine due by him after crediting thereon as paid an amount equal to the proportion the time thus served by him in the Jail or Workhouse bears to the whole time he was to serve under the sentence.

§ 24–201.05. Good conduct deduction. [Repealed]

Repealed.

§ 24–201.06. Release in District.

All inmates of the Workhouse and Reformatory for the District of Columbia shall be returned to and released in said District on the day of the expiration of sentence.

§ 24–201.07. Jail and Washington Asylum combined.

The Jail of the District of Columbia and the Washington Asylum of said District shall be combined as 1 institution, known as the Washington Asylum and Jail.

§ 24–201.08. Commitments to Washington Asylum and Jail.

Whenever and wherever authority of law exists to sentence, commit, order committed, or confine any person to or in the Jail of the District of Columbia or the Washington Asylum of said District, said authority shall be exercised by sentence, commitment, order of commitment, or confinement to or in said Washington Asylum and Jail.

§ 24–201.09. Board of Public Welfare to have exclusive management and control of Workhouse, Reformatory, and Washington Asylum and Jail. [Omitted]

Omitted.

§ 24–201.10. Detention of United States prisoners in Washington Asylum and Jail.

The Department of Corrections is hereby authorized and directed to receive and keep in the Washington Asylum and Jail all prisoners committed thereto for offenses against the United States.

§ 24–201.11. Appointment and supervision of prison personnel.

The superintendents and all other employees engaged on March 16, 1926, in the operation of the Workhouse at Occoquan in the State of Virginia, the Reformatory at Lorton in the State of Virginia, and the Washington Asylum and Jail shall after March 16, 1926, be subject to the supervision of the Department of Corrections. Each superintendent shall have the management and control of the institution to which he is appointed and shall be subordinate to the Director of the Department of Corrections. The superintendent and all other employees of each of the institutions enumerated in this section shall be appointed by the Mayor of the District of Columbia upon nomination by the Department of Corrections and shall be subject to discharge by the Mayor upon recommendation of the Department of Corrections.

(Mar. 16, 1926, 44 Stat. 209, ch. 58, § 7.)

Prior Codifications

1981 Ed., § 24-411.

1973 Ed., § 24-411.

References in Text

“Department of Corrections” was substituted for “Board of Public Welfare” pursuant to § 24-211.03.

Change in Government

§ 24–201.12. Employment of prisoners.

Persons sentenced to imprisonment in the Jail may be employed at such labor and under such regulations as may be prescribed by the Council of the District of Columbia and the proceeds thereof applied to defray the expenses of the trial and conviction of any such person.

(Mar. 3, 1901, 31 Stat. 1379, ch. 854, § 1192; Mar. 16, 1926, 44 Stat. 209, ch. 58, § 6.)

Prior Codifications

1981 Ed., § 24-412.

1973 Ed., § 24-412.

Section References

This section is referenced in § 24-201.13 and § 24-201.22.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(211) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 24–201.13. Commitment by Marshal.

Nothing in §§ 24-201.12 and 24-201.15 shall be construed to impair or interfere with the authority of the Marshal of the District to commit persons to the Jail or to produce them in open court or before any judicial officer when thereto required.

§ 24–201.14. Delivery of prisoners to Marshal.

It shall be the duty of the Superintendent of the Washington Asylum and Jail to receive such prisoners and to deliver them to the Marshal or his duly authorized deputy, on the written request of either, for the purpose of taking them before any court or judicial officer, as provided in § 24-201.13.

§ 24–201.15. Accountability for safekeeping of prisoners.

The Superintendent of the Washington Asylum and Jail shall be accountable for the safekeeping of all prisoners legally committed thereto.

§ 24–201.16. Annual report by Superintendent.

The Superintendent of the Washington Asylum and Jail shall annually, in the month of November, make a detailed report to the Attorney General.

§ 24–201.17. Execution of judgments in capital cases; failure to make specific appropriation not abolition of position.

The Superintendent of the Washington Asylum and Jail appointed by the Mayor of the District of Columbia is hereby directed, authorized, and required to execute the judgments of the law prior to March 4, 1923, pronounced and thereafter to be pronounced in the District of Columbia by the courts thereof in all capital cases, and the power prior to March 4, 1923, given to and now vested in such Mayor to appoint such Superintendent and all appointments to the position of such Superintendent made by such Mayor are hereby ratified and confirmed; and any failure on the part of Congress, either prior to or after March 4, 1923, to make a specific appropriation for the salary or compensation of such Superintendent shall not be construed either as an abolition of such position of Superintendent of the Washington Asylum and Jail or as a repeal of the power and authority of such Mayor to appoint such Superintendent.

(Mar. 4, 1923, 42 Stat. 1533, ch. 292.)

Prior Codifications

1981 Ed., § 24-417.

1973 Ed., § 24-417.

Change in Government

§ 24–201.18. Sale of products of Workhouse and Reformatory. [Repealed]

Repealed.

(June 5, 1920, 41 Stat. 869, ch. 234; Feb. 28, 1923, 42 Stat. 1357, ch. 148, § 1; June 28, 1944, 58 Stat. 533, ch. 300, § 18; May 8, 1996, D.C. Law 11-117, § 17(c), (d), 43 DCR 1179.)

Prior Codifications

1981 Ed., § 24-418.

1973 Ed., § 24-418.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(212) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 24–201.19. Sale of gun mountings. [Repealed]

Repealed.

(June 1, 1957, 71 Stat. 45, Pub. L. 85-45, § 1; May 8, 1996, D.C. Law 11-117, § 17(c), (d), 43 DCR 1179.)

Prior Codifications

1981 Ed., § 24-418a.

1973 Ed., § 24-418a.

Change in Government

§ 24–201.20. Workhouse; Reformatory; Superintendents and all other employees; appointment; discharge; supervision of Board of Public Welfare. [Omitted]

Omitted.

§ 24–201.21. Grounds of Jail increased.

The buildings and grounds adjoining the Washington Asylum in the District of Columbia, used prior to June 16, 1880, as a naval and army magazine are added to the grounds of the Washington Asylum and Jail and subjected to the control of the Mayor of the District of Columbia as part of the Asylum until otherwise ordered.

(June 16, 1880, 21 Stat. 270, ch. 235; Mar. 2, 1911, 36 Stat. 1003, ch. 192.)

Prior Codifications

1981 Ed., § 24-420.

1973 Ed., § 24-420.

Change in Government

§ 24–201.22. Payment for subsistence of prisoners.

There shall be allowed and paid by the Attorney General for the subsistence of prisoners in the custody of any marshal of the United States and the Superintendent of the Washington Asylum and Jail in the District of Columbia such sum as it reasonably and actually costs to subsist them. And it shall be the duty of the Attorney General to prescribe such regulations for the government of the marshals and the Superintendent of the Washington Asylum and Jail in the District of Columbia in relation to their duties under §§ 24-201.12 to 24-201.16 and this section as will enable him to determine the actual and reasonable expenses incurred.

§ 24–201.23. Payment for maintenance of Jail.

All expenses incurred for maintenance of the Jail of the District of Columbia and for support of prisoners therein shall be paid out of the revenues of the District of Columbia, and estimates for such expenses shall each year be submitted in the annual estimates for the expenses of the government of the District of Columbia.

§ 24–201.24. Reimbursement of United States.

The United States shall be reimbursed, as heretofore, for the maintenance of District of Columbia inmates, and all sums paid by such District for such maintenance for the service of the fiscal year 1927 and subsequent fiscal years shall be covered into the Treasury as “miscellaneous receipts.”

§ 24–201.25. Charge against District for care of convicts.

The cost of the care and custody of District of Columbia convicts in any federal penitentiary shall be charged against the District of Columbia in quarterly accounts to be rendered by the disbursing officer of said penitentiary; and the amount to be charged against the District of Columbia shall be ascertained by multiplying the average daily number of District of Columbia convicts confined in the penitentiary during the quarter by the per capita cost for all prisoners in such penitentiary for the same quarter but excluding expenses of construction or extraordinary repair of buildings.

§ 24–201.26. Place of imprisonment.

All prisoners convicted in the District of Columbia for any offense, including violations of municipal regulations and ordinances and acts of Congress in the nature of municipal regulations and ordinances, shall be committed, for their terms of imprisonment, and to such types of institutions as the court may direct, to the custody of the Attorney General of the United States or his authorized representative, who shall designate the places of confinements where the sentences of all such persons shall be served. The Attorney General may designate any available, suitable, and appropriate institutions, whether maintained by the District of Columbia government, the federal government, or otherwise, or whether within or without the District of Columbia. The Attorney General is also authorized to order the transfer of any such person from one institution to another if, in his judgment, it shall be for the well-being of the prisoner, or relieve overcrowding or unhealthful conditions in the institution where such prisoner is confined, or for other reasons.

§ 24–201.27. Rewards.

The Mayor of the District of Columbia, pursuant to regulations prescribed by the Council of the District of Columbia, is authorized to provide for the payment of rewards for the capture, or for information leading to the apprehension, of fugitives from District of Columbia penal, correctional, and welfare institutions and of conditional release and parole violators. Funds appropriated pursuant to this section shall be apportioned and expended in the discretion of, and upon such conditions as may be imposed by, the Mayor of the District of Columbia. No reward money shall be paid to any officer or employee of the Metropolitan Police Department, or of any penal, correctional, or welfare institution, or of any court, legal agency, or other agency closely involved in the criminal justice system.

(Oct. 26, 1973, 87 Stat. 506, Pub. L. 93-140, § 11.)

Prior Codifications

1981 Ed., § 24-426.

1973 Ed., § 24-426.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 24–201.28. Discharge and release payments.

The Mayor of the District of Columbia is authorized to furnish each prisoner upon his release from a penal or correctional institution under the jurisdiction of the government of the District of Columbia with suitable clothing and, in the discretion of the Mayor, a sum of money, which shall not exceed $100.

(Oct. 26, 1973, 87 Stat. 506, Pub. L. 93-140, § 12.)

Prior Codifications

1981 Ed., § 24-427.

1973 Ed., § 24-427.

Change in Government

§ 24–201.29. Institutional good time. [Repealed]

Repealed.

Part B. Prison Overcrowding.

§ 24–201.41. Definitions. [Repealed]

Repealed.

(Nov. 14, 1987, D.C. Law 7-43, § 2, 34 DCR 5287; Nov 13, 2003, D.C. Law 15-39, § 1802(a), 50 DCR 5668; Jan. 30, 2004, D.C. Law 15-62, § 7, 50 DCR 6574.)

Prior Codifications

1981 Ed., § 24-901.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1802(a) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) amendment of section, see § 1802(a) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

Short Title

Short title of title XVIII of Law 15-39: Section 1801 of D.C. Law 15-39 provided that title XVIII of the act may be cited as the Department of Corrections Procurement of Jail Bed Space Amendment Act of 2003.

§ 24–201.42. Declaration of state of emergency; reduction of minimum and maximum sentences [Repealed]

Repealed.

§ 24–201.43. Termination of state of emergency [Repealed]

Repealed.

§ 24–201.44. New housing or facilities; rated design capacity [Repealed]

Repealed.

§ 24–201.45. Exception [Repealed]

Repealed.

(Nov. 14, 1987, D.C. Law 7-43, § 6, 34 DCR 5287; Nov. 13, 2003, D.C. Law 15-39, § 1802(c), 50 DCR 5668; Jan. 30, 2004, D.C. Law 15-62, § 7, 50 DCR 6574.)

Prior Codifications

1981 Ed., § 24-905.

Emergency Legislation

For temporary (90 day) addition of § 24-201.61, see § 3002 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 1802(c) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) amendment of section, see § 1802(c) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

Part C. District of Columbia Jail Inmate Cap.

§ 24–201.61. Cap on sentenced persons housed at District of Columbia Jail.

(a) Except as provided in subsection (b) of this section, the number of sentenced persons housed at the District of Columbia Jail (Central Detention Facility) by the Department of Corrections shall not exceed 2,050 at any time.

(b) If the Department of Corrections requires an exemption to the cap on the number of sentenced persons established by subsection (a) of this section, the Mayor shall transmit a resolution requesting an exemption to the Council for a 30-day period of review. The transmitted resolution requesting an exemption shall include the reasons for the exemption, the consequences if the exemption is not approved, and the time the exemption shall be in force. If the Council has not approved or disapproved the resolution requesting an exemption within the 30-day review period, the resolution requesting an exemption shall be deemed disapproved.

Part D. Population Caps and Design Capacity.

§ 24–201.71. Central Detention Facility requirements.

(a) The number of residents housed at any one time in the Central Detention Facility shall not exceed the number of persons established by an independent consultant pursuant to subsection (c) of this section.

(b) Within 90 days of January 30, 2004, the Mayor shall develop and submit to the Council for a 30-day period of review, excluding days of Council recess, a plan for establishing the maximum number of residents that can be housed at any one time within the Central Detention Facility. The plan shall consist of a contract with an independent consultant, who, upon approval of the plan by the Council, will determine the maximum number of residents that can be housed at any one time within the Central Detention Facility based upon physical capacity, programming, classification system, and housing plan of the Central Detention Facility. If the Council does not approve or disapprove the plan, by resolution, within the 30-day period, the plan shall be deemed disapproved.

(c) The Mayor shall establish, by rule, the maximum number of residents to be housed at any one time in the Central Detention Facility. The maximum number shall be determined by an independent consultant contracted with by the Mayor pursuant to the plan approved under subsection (b) of this section.

(d) One year following implementation of the population ceiling pursuant to subsection (a) of this section, the Mayor shall evaluate the results of the Central Detention Facility classification system, housing plan, and population ceiling, and shall propose modifications, if necessary. A copy of the evaluation shall be forwarded to the Council.

(e)(1) The Department of Corrections shall obtain accreditation by the American Correctional Association for the Central Detention Facility within 4 years of January 30, 2004, and shall meet all American Correctional Association requirements for recertification of the facility.

(2) Within 210 days of January 30, 2004, the Mayor shall forward to the Council an implementation plan by which the Department shall achieve accreditation for the Central Detention Facility by the American Correctional Association.

(Jan. 30, 2004, D.C. Law 15-62, § 5, 50 DCR 6574; Apr. 21, 2023, D.C. Law 24-344, § 9, 70 DCR 635.)

Emergency Legislation

For temporary (90 day) Central Detention facility requirements, see § 4 of Jail Improvement Emergency Amendment Act of 2003 (D.C. Act 15-188, October 24, 2003, 50 DCR 9495).

Editor's Notes

Section 8 of D.C. Law 15-62 provided: “Sec. 8. Applicability. Section 5(a) shall apply 210 days after the effective date of this act.”

Delegation of Authority

Delegation of Authority Pursuant to D.C. Law 16-62, the District of Columbia Hail Improvement Amendment Act of 2003, see Mayor’s Order 2006-53, May 9, 2006 ( 53 DCR 5305).

Resolutions

Resolution 15-484, the “Central Detention Facility Plan Emergency Approval Resolution of 2004”, was approved March 2, 2004.

§ 24–201.72. New housing or facilities for use as prisons; rated design capacity.

(a) After January 30, 2004, all new housing or facilities purchased, leased, constructed, or converted by the Department for use as a prison, except as provided in subsection (b) of this section, shall have only single occupancy rooms or cells and shall comply with all applicable federal and District of Columbia laws.

(b) Multiple occupancy or dormitory-style housing or facilities may be used in minimum security conditions only; provided, that the housing or facilities meet all applicable American Correctional Association standards related to multiple occupancy housing.

(c) After January 30, 2004, rated design capacity shall not include trailers, modular units, or bed space not designed for prison housing.

(d) In Fiscal Year 2004, the Department shall use not less than $1.43 million of its appropriated funds to procure, in accordance with the requirements of this section, additional bed space for prisoners who otherwise would be housed within the Central Detention Facility of the D.C. Jail.

(e) For the purposes of this section, the term “rated design capacity” means the actual bed space in a prison facility as certified by the Department of Corrections utilizing the most recent standards established by the American Correctional Association and consistent with applicable federal and District of Columbia laws.

Subchapter II. Department of Corrections.

Part A. General.

§ 24–211.01. Created.

There is created in and for the District of Columbia a Department of Corrections to be under the charge of a Director who shall be appointed by the Mayor of the District of Columbia.

(June 27, 1946, 60 Stat. 320, ch. 507, § 1.)

Prior Codifications

1981 Ed., § 24-441.

1973 Ed., § 24-441.

Section References

This section is referenced in § 24-101.

Emergency Legislation

For temporary (90 day) addition, see § 3002 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

Change in Government

§ 24–211.02. Powers; promulgation of rules.

*NOTE: This section includes amendments by temporary legislation that will expire on April 12, 2025. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Past Permanent Version.*

(a) Said Department of Corrections under the general direction and supervision of the Mayor of the District of Columbia shall have charge of the management and regulation of the Workhouse at Occoquan in the State of Virginia, the Reformatory at Lorton in the State of Virginia, and the Washington Asylum and Jail, and be responsible for the safekeeping, care, protection, instruction, and discipline of all persons committed to such institutions. The Department of Corrections with the approval of the Council of the District of Columbia shall have power to promulgate rules and regulations for the government of such institutions and to establish and conduct industries, farms, and other activities, to classify the inmates, and to provide for their proper treatment, care, rehabilitation, and reformation.

(a-1)(1) The Department of Corrections shall have charge of the management and operation of the Central Cellblock, located at 300 Indiana Avenue, N.W., Washington, D.C., and shall be responsible for the safekeeping, care, and protection of all persons detained at the Central Cellblock or detained at a medical facility in the District, by the Metropolitan Police Department, before their initial court appearance.

(2) Nothing in this subsection shall be construed as:

(A) Removing any authority from the Metropolitan Police Department to determine where to hold in custody any person arrested and awaiting an initial court appearance;

(B) Granting any arrest powers to any employee of the Department of Corrections performing any duty at the Central Cellblock; or

(b) The Department of Corrections shall:

(1) Provide access to the Central Detention Facility, upon request and appointment, to members of the Corrections Information Council, or their staff, agents, or designees, for the purposes of conducting:

(A) Inspections of all areas accessible to inmates; and

(B) Unmonitored interviews of inmates in areas open to inspection under subparagraph (A) of this paragraph;

(2) Provide to the Council on a quarterly basis all internal reports relating to living conditions in the Central Detention Facility, including inmate grievances, the Crystal report, the monthly report on the Priority One environmental problems and the time to repair, the monthly report of the Environmental Safety Office, the monthly report on temperature control and ventilation, and the monthly report on the jail population that includes the number of people waiting transfer to the federal Bureau of Prisons and the average number of days that inmates waited for transfer;

(3) Initiate and maintain regular afternoon and evening visiting hours at the Central Detention Facility for a minimum of 5 days a week, including Saturdays and Sundays;

(4) Develop and implement a classification system and corresponding housing plan for inmates at the Central Detention Facility;

(5) Return to an inmate, upon the inmate’s release from the Central Detention Facility, any personal identification documents collected from the inmate, including driver’s licenses, birth certificates, and Social Security cards;

(6) Repealed.

(7) Repealed.

(8) Repealed.

(9) Cooperating with the Criminal Justice Coordinating Council by sharing data and allowing access to individuals under 21 years of age to the extent otherwise permissible under the law for the purpose of preparing the report described in § 22-4234(b-3);

(10) By October 1, 2021, work with the Office of the Attorney General, the Office of the United States Attorney for the District of Columbia, and the Office of Victim Services and Justice Grants to engage representatives of advocacy and legal services organizations for crime survivors' rights in the District to explore potential enhancements to the process for inmate release notifications to crime survivors;

(11) Employ personnel whose sole responsibility shall be the civic engagement and enfranchisement of eligible individuals incarcerated in the Department of Corrections' care or custody, including those responsibilities in § 24-211.08 and designing and implementing a plan to facilitate voting for each election in the Central Detention Facility and Correctional Treatment Facility; and

(12) During school year 2023-2024, provide a free appropriate public education ("FAPE") under the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq.) ("IDEA"), and District law, to individuals with disabilities who are in its custody and detained in its secure facilities from the age of 18 through the end of the individual's eligibility for FAPE under the IDEA and District law.

(June 27, 1946, 60 Stat. 320, ch. 507, § 2; Jan. 30, 2004, D.C. Law 15-62,§ 4, 50 DCR 6574; July 23, 2010, D.C. Law 18-190, § 2, 57 DCR 3397; Sept. 26, 2012, D.C. Law 19-171, § 80, 59 DCR 6190; Dec. 11, 2012, D.C. Law 19-195, § 2(a), 59 DCR 10159; Dec. 24, 2013, D.C. Law 20-61, § 3002, 60 DCR 12472; June 26, 2014, D.C. Law 20-117, § 5, 61 DCR 2032; Apr. 4, 2017, D.C. Law 21-238, § 305, 63 DCR 15312; Apr. 27, 2021, D.C. Law 23-274, § 1201, 68 DCR 001034; Apr. 27, 2021, D.C. Law 23-277, § 4(a), 67 DCR 13867; Apr. 21, 2023, D.C. Law 24-344, § 10(a), 70 DCR 635; Aug. 30, 2024, D.C. Law 25-203, §§ 2, 3, 71 DCR 6760.)

Prior Codifications

1981 Ed., § 24-442.

1973 Ed., § 24-442.

Section References

This section is referenced in § 24-101, § 24-101a, and § 24-251.01.

Effect of Amendments

D.C. Law 15-62 designated the existing language as subsection (a); and added subsec. (b).

D.C. Law 18-190 added subsecs. (b)(7) and (8).

The 2012 amendment by D.C. Law 19-171 redesignated (b)(7) and (b)(8) as (c) and (d) and made related changes; and substituted “paragraph (6) of subsection (b) of this section” for “paragraph (6) of this subsection” in the introductory language of (c).

The 2012 amendment by D.C. Law 19-195 repealed (b)(6), (7), and (8).

The 2013 amendment by D.C. Law 20-61 added (a-1).

The 2014 amendment by D.C. Law 20-117 added “or detained at a medical facility in the District” in the introductory paragraph of (a-1)(1).

Applicability

Applicability of D.C. Law 25-203: § 3 of Law 25-203 amends § 2 within § 10(a) of D.C. Law 24-344 which is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 24-344: § 26 of D.C. Law 24-344 provided that the change made to this section by § 10(a) of D.C. Law 24-344 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7211 of D.C. Law 24-45 repealed the applicability provision of section 5 of D.C. Law 23-277 that impacted this section. Therefore the amendment of this section by Law 23-277 has been implemented.

Section 7211 of D.C. Act 24-159 repealed the applicability provision of section 5 of D.C. Law 23-277 that impacted this section. Therefore the amendment of this section by Law 23-277 has been implemented.

Applicability of D.C. Law 23-277: § 5 of D.C. Law 23-277 provided that the change made to this section by § 4(a) of D.C. Law 23-277 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7026 of D.C. Law 22-33 amended § 701(a) of D.C. Law 21-238, removing the applicability restriction impacting this section. Therefore the changes made to this section by D.C. Law 21-238 have been implemented.

Applicability of D.C. Law 21-238: § 701 of D.C. Law 21-238 provided that the change made to this section by § 305 of D.C. Law 21-238 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Special Education for Young Adults in the Custody of the Department of Corrections Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-504, July 15, 2024, 71 DCR 8401).

For temporary (90 days) amendment of this section, see § 2 of Special Education for Young Adults in the Custody of the Department of Corrections Emergency Amendment Act of 2024 (D.C. Act 25-446, Apr. 15, 2024, 71 DCR 4635).

For temporary (90 days) amendment of this section, see § 2 of Special Education for Young Adults in the Custody of the Department of Corrections Emergency Amendment Act of 2023 (D.C. Act 25-130, June 27, 2023, 70 DCR 7944).

For temporary (90 days) amendment of § 701|(a) of D.C. Law 21-238, see § 7026 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of § 701|(a) of D.C. Law 21-238, see § 7026 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary amendment of section, see § 3 of the Lorton Regulations Approval Emergency Amendment Act of 1996 (D.C. Act 11-187, January 25, 1996, 43 DCR 393).

For temporary (90 day) amendment of section, see § 2 of Central Detention Facility Monitoring Emergency Amendment Act of 2003 (D.C. Act 15-76, April 16, 2003, 50 DCR 3637).

For temporary (90 day) amendment of section, see § 2 of Central Detention Facility Monitoring Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-132, July 29, 2003, 50 DCR 6847).

For temporary (90 day) amendment of section, see § 3 of Jail Improvement Emergency Amendment Act of 2003 (D.C. Act 15-188, October 24, 2003, 50 DCR 9495).

For temporary (90 day) amendment of section, see § 2(a) of DOC Inmate Processing and Release Emergency Amendment Act of 2011 (D.C. Act 19-129, August 1, 2011, 58 DCR 6784).

For temporary (90 day) addition of section, see § 2(b) of DOC Inmate Processing and Release Emergency Amendment Act of 2011 (D.C. Act 19-129, August 1, 2011, 58 DCR 6784).

For temporary (90 day) amendment of section, see § 2(a) of DOC Inmate Processing and Release Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-196, October 18, 2011, 58 DCR 9164).

For temporary (90 day) addition of section, see § 2(b) of DOC Inmate Processing and Release Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-196, October 18, 2011, 58 DCR 9164).

For temporary (90 day) amendment of section, see § 2(a) of DOC Inmate Processing and Release Emergency Amendment Act of 2012 (D.C. Act 19-428, July 27, 2012, 59 DCR 9383).

For temporary (90 day) amendment of section, see § 2(b) of DOC Inmate Processing and Release Emergency Amendment Act of 2012 (D.C. Act 19-428, July 27, 2012, 59 DCR 9383).

For temporary repeal of (b)(6), (c), and (d), see § 2(a) of the DOC Inmate Processing and Release Emergency Amendment Act of 2012 (D.C Act 19-428, July 27, 2012, 59 DCR 9383).

For temporary repeal of (b)(6), (c), and (d), see § 2(a) of the DOC Inmate Processing and Release Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-509, October 26, 2012, 59 DCR 12804).

For temporary (90 days) amendment of this section, see § 3002 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 3002 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see §§ 2 and 3 of the Department of Corrections Central Cellblock Management Clarification Emergency Amendment Act of 2013 (D.C. Act 20-215, November 20, 2013, 60 DCR 16520, 20 STAT 2604).

For temporary (90 days) amendment of this section, see §§ 2 and 3 of the Department of Corrections Central Cellblock Management Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-276, February 20, 2014, 61 DCR 1574).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(e) of Special Education for Young Adults in the Custody of the Department of Corrections Temporary Amendment Act of 2024 (D.C. Law 25-203, Aug. 30, 2024, 71 DCR 6760).

For temporary (225 days) amendment of this section, see § 2 of Special Education for Young Adults in the Custody of the Department of Corrections Temporary Amendment Act of 2023 (D.C. Law 25-62, Oct. 5, 2023, 70 DCR 9689).

Section 2 of D.C. Law 15-30 designated the existing section as subsection (a); and added subsec. (b) to read as follows: “(b) The Department of Corrections shall provide to the Council on a quarterly basis all internal reports relating to living conditions in the Central Detention Facility, including inmate grievances, the Crystal report, the monthly report on the Priority One environmental problems and the time to repair, the monthly report of the Environmental Safety Office, the monthly report on temperature control and ventilation, and the monthly report on the jail population that includes the number of people waiting transfer to the federal Bureau of Prisons and the average number of days that inmates waited for transfer.”

Section 5(b) of D.C. Law 15-30 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 19-52, in subsec. (b), added “and” to the end of par. (4), substituted a period for “; and” at the end of par. (5), and repealed pars. (6), (7), and (8).

Section 2(b) of D.C. Law 19-52 added a section to read as follows:

“Sec. 2a. Processing and release of inmates from the Central Detention Facility.

“(a) The Department of Corrections shall process and release an inmate from the Central Detention Facility within 5 hours of a court order granting his or her release, unless the inmate is to continue in confinement pursuant to another charge or warrant or, for an inmate who has completed his or her sentence, before noon on the inmate’s 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 inmates who have been ordered released by the court are returned to the Central Detention Facility as promptly as possible.

“(c) For an inmate released after 10 p.m., prior to release, the Department of Corrections shall:

“(1) Ensure that:

“(A) The inmate has a residence or other housing that the inmate is able to access and that the inmate has agreed, in writing, to access the residence or other housing at the time of his or her release; or

“(B) A shelter is able and willing to receive the inmate at the time of the inmate’s release and that the inmate has agreed, in writing, to access the shelter at the time of his or her release;

“(2) Provide the inmate with the clothing that the inmate wore upon intake to the Central Detention Facility or, if this clothing is not available, other clothing that is:

“(A) Appropriate for the weather;

“(B) Not a jumpsuit; and

“(C) Typical of street clothing worn by citizens in public;

“(3) Obtain written verification from the Central Detention Facility’s healthcare provider (’provider’) that, upon release, the inmate has a 7-day supply of all prescription medications that the inmate is to continue taking following release from custody and that he or she has received release counseling, if medically recommended, from the provider within the preceding 7 days;

“(4) Have provided, within the 7 days prior to release, release counseling to the inmate, if the inmate is a sentenced inmate, on access to benefits and services available in the District to facilitate reentry;

“(5) Ensure that the inmate has transportation immediately available upon the inmate’s release from the Central Detention Facility to transport the inmate to the housing or the shelter identified in paragraph (1) of this subsection provided by:

“(A) A member of the Department of Corrections’ transportation unit;

“(B) A taxi, at the Department of Corrections’ expense; or

“(C) A friend or family member;

“(6) Provide the inmate with the option of remaining within a Department of Corrections facility for release at 7 a.m.; and

“(7) Require that the warden of the Central Detention Facility certify, 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 inmate’s release from the Central Detention Facility that shall be a matter of public record, which may be audited, upon request, by the Inspector General or the District of Columbia Auditor.

“(2) The Department of Corrections shall provide to the Council, on a quarterly basis, a list of all inmates who have be en released in violation of this section. The list shall include the following information for each released inmate:

“(A) The custody status of the inmate prior to release, such as, for example, whether the inmate was in pre-trial detention or was a sentenced misdemeanant;

“(B) Whether the inmate’s release was because of the completion of his or her sentence or pursuant to a court order;

“(C) The date and time that the Department of Corrections received the release order from the court or other authority; and

“(D) The date and time of the release.”.

Section 4(b) of D.C. Law 19-52 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 days) amendment of this section, see § 2 of the Department of Corrections Central Cellblock Management Clarification Temporary Amendment Act of 2013 (D.C. Law 20-73, February 22, 2014, 61 DCR 32).

Short Title

Section 3001 of D.C. Law 20-61 provided that Subtitle A of Title III of the act may be cited as the “Department of Corrections Central Cellblock Management Amendment Act of 2013”.

Editor's Notes

Section 3003 of D.C. Law 20-61 provided that all property, records, unexpended balances of appropriations, allocations, and other funds required for the management and operation of the Central Indiana Avenue, N.W., Washington, D.C. are transferred from the Metropolitan Police Department to the Department of Corrections.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Applicability of D.C. Law 20-117: Section 18 of D.C. Law 20-117 provided that the act shall apply as of October 1, 2013.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(213) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 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

(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

(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);

(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.

(June 27, 1946, 60 Stat. 320, ch. 507, § 2a; as added Dec. 11, 2012, D.C. Law 19-195, § 2(b), 59 DCR 10159; Apr. 21, 2023, D.C. Law 24-344, § 10(b), 70 DCR 635.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-195 added this section.

Emergency Legislation

For temporary addition of section, see § 2(b) of the DOC Inmate Processing and Release Emergency Amendment Act of 2011 (D.C. Act 19-129, August 1, 2011, 58 DCR 6784).

For temporary addition of section, see § 2(b) of the DOC Inmate Processing and Release Emergency Amendment Act of 2012 (D.C. Act 19-428, July 27, 2012, 59 DCR 9383).

For temporary addition of section, see § 2(b) of the DOC Inmate Processing and Release Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-509, October 26, 2012, 59 DCR 12804).

§ 24–211.03. Transfer of duties, powers and materials of Board of Public Welfare.

With respect to the said institutions, the Mayor of the District of Columbia shall succeed to all the powers and authority, and to all the duties and obligations vested in or imposed by law upon the Board of Public Welfare of the District of Columbia. Where powers are vested in or duties are imposed by existing law upon the Director of Public Welfare of the District of Columbia with respect to said institutions, such powers and duties are transferred to and shall be exercised by the Director of the Department of Corrections. The officers and employees and all plant and equipment, official records, furniture, and supplies of the said institutions are hereby transferred to the Department of Corrections.

(June 27, 1946, 60 Stat. 321, ch. 507, § 3.)

Prior Codifications

1981 Ed., § 24-443.

1973 Ed., § 24-443.

Change in Government

§ 24–211.04. Continuance of regulations.

All rules and regulations promulgated by the Board of Public Welfare with respect to said institutions shall continue in force and effect until amended or repealed by the Council of the District of Columbia.

(June 27, 1946, 60 Stat. 321, ch. 507, § 4.)

Prior Codifications

1981 Ed., § 24-444.

1973 Ed., § 24-444.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(213) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 24–211.05. Continuance of prior contracts; prior appropriations.

No contract for services or supplies made by the Board pursuant to authority granted to it by law shall be invalidated by this enactment and the unexpended balances of all appropriations heretofore or hereafter made for the Board with respect to said institutions shall become available for use by the Department of Corrections under the direction of the Mayor of the District of Columbia.

(June 27, 1946, 60 Stat. 321, ch. 507, § 5.)

Prior Codifications

1981 Ed., § 24-445.

1973 Ed., § 24-445.

Change in Government

§ 24–211.06. Charge against United States for care of convicts.

The cost of the care and custody of persons confined in the said institutions charged with or convicted of offenses under any law of the United States not applicable exclusively to the District of Columbia shall be charged against the department or agency of the United States primarily responsible for the care and custody of such persons in quarterly accounts to be rendered by the Director of the Department of Finance and Revenue. The amount to be charged for such care and custody shall be ascertained by multiplying the average daily number of such persons so confined during the quarter by the per capita cost for the same quarter for all prisoners in the institution where confined, excluding expenses of construction or extraordinary repair of buildings. The sum so derived shall be credited to the current appropriation for the maintenance and operation of such institutions.

(June 27, 1946, 60 Stat. 321, ch. 507, § 6.)

Prior Codifications

1981 Ed., § 24-446.

1973 Ed., § 24-446.

Emergency Legislation

For temporary (90 day) addition of section, see § 2 of Immigration Detainer Compliance Emergency Amendment Act of 2012 (D.C. Act 19-379, June 15, 2012, 59 DCR 7383).

References in Text

Pursuant to the Office of the Chief Financial Officer’s “Notice of Public Interest” published in the April 18, 1997, issue of the District of Columbia Register ( 44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner’s Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.

§ 24–211.07. Prohibition on cooperation with federal immigration agencies.

(a) Absent a judicial warrant or order issued by a federal judge appointed pursuant to Article III of the United States Constitution or a federal magistrate judge appointed pursuant to 28 U.S.C. § 631 that authorizes a federal immigration agency to take into custody the person who is the subject of such warrant or order, the District of Columbia shall not:

(1) Hold an individual in the District's custody after that individual would have been otherwise released, except as provided in § 24-211.02a(c)(6);

(2) Provide to any federal immigration agency an office, booth, or any facility or equipment for a generalized search of or inquiry about an individual in the District's custody;

(3) Permit any federal immigration agency to interview an individual in the District's custody unless:

(A) The federal immigration agency presents a judicial order authorizing the interview, or the interview is requested by the detained individual; and

(B) The detained individual has counsel present or knowingly, intelligently, and voluntarily declines to have counsel present for the interview; or

(4) Except with respect to individuals awaiting trial or sentencing for a federal criminal charge or serving a sentence for a federal criminal charge:

(A) Provide to any federal immigration agency a space in a District detention facility to house, detain, or hold individuals for civil immigration enforcement purposes;

(B) Provide to a federal immigration agency an individual's date and time of release, location, address, personal identifying information, medical information, photograph, or criminal case information;

(C) Grant any federal immigration agency access to any District detention facility or place, including a facility under the control of the Department of Corrections, the Department of Youth Rehabilitation Services, the Department of Behavioral Health, or the Metropolitan Police Department, for the purpose of releasing an individual into federal custody; or

(D) Release an individual for the purpose of transferring the individual into the custody of any federal immigration agency.

(b) The District shall not inquire into the immigration status of an individual in its custody.

(d) The Department of Corrections, the Department of Youth Rehabilitation Services, the Department of Behavioral Health, and the Metropolitan Police Department shall transmit a report on January 1 of each year to the Mayor and the Council providing the following:

(1) The number of requests for information or detainer made by a federal immigration agency, a breakdown of whether the requests were made regarding individuals held on local charges or on federal charges, whether the request was accompanied by a judicial warrant, and any action taken by the District agency in response to such a request;

(2) The number of individuals released into the custody of a federal immigration agency, the date of each release, and the justification for each release; and

(3) The types of information, anonymized and aggregated, that the agency shared with federal immigration agencies and whether it was at the request of a federal immigration agency.

(e) Nothing in this section shall be construed to establish a right to counsel that does not otherwise exist in law.

(f) Nothing in this section shall be construed to create a private right of action.

§ 24–211.08. Automatic voter registration and voter assistance and notification to incarcerated individuals in Department of Corrections custody.

(a) In addition to any obligations imposed upon the Department of Corrections ("Department") due to its designation as a voter registration agency by § 1-1001.07(d)(1)(B), the Department shall:

(1) Determine whether an incarcerated individual is a qualified elector, as that term is defined in § 1-1001.02(2);

(2) If the Department determines that an incarcerated individual is a qualified elector, as that term is defined in § 1-1001.02(2), automatically register that incarcerated individual to vote pursuant to § 1-1001.07(c)(1), unless the incarcerated individual indicates that they do not want to register; and

(3) Provide an oral and written notification to each incarcerated individual of the right of an incarcerated individual or with a criminal record to vote in the District.

(a-1)(1) The Department shall transmit to the District of Columbia Board of Elections the voter registration information of each applicant who did not decline to register to vote no later than 10 days after the date of its acceptance by the Department; except, that if an application is accepted within 5 days before the last day for registration to vote in an election, the application shall be transmitted to the Board not later than 5 days after the date of its acceptance.

(2) The information submitted pursuant to paragraph (1) of this subsection shall contain the applicant's:

(A) Legal name;

(B) Date of birth;

(D) Mailing address;

(E) Previous voter registration address;

(F) DMV-issued identification number or social security number;

(G) Party affiliation (if any);

(H) Response as to whether the applicant would like information on serving as a poll worker in the next election; and

(I) Signature.

(b) The Department shall include information about the District voting rights of individuals currently incarcerated or with a criminal record in its Inmate Handbook or other similar resource provided to incarcerated individuals. Such information shall discuss the importance of and process for keeping voter registration information, including their residence address, current and up to date, including upon transfer or release from Department custody.

(c) Beginning on April 26, 2019, and every 6 months thereafter, the Department shall provide to the Office on Returning Citizen Affairs the names and contact information of incarcerated individuals released from its custody in the prior 6 months.

§ 24–211.09. Healthy food at correctional facilities. [Not Funded]

Not Funded.

Part B. Department of Corrections Employee Mandatory Drug and Alcohol Testing.

§ 24–211.21. Definitions.

For the purposes of this part, the term:

(1) “Applicant” means all persons who have filed any written employment application forms to work at the Department.

(2) “Council” means the Council of the District of Columbia.

(3) “Department” means the Department of Corrections.

(4) “Director” means the Director of the Department of Corrections.

(5) “High potential risk employee” (“HPR employee”) means any Department employee who has resident care and custody responsibilities or who works within a correctional institution, including any employees and managers who are carried in a law enforcement retirement status.

(6) “Law enforcement retirement status” means any employee who contributes to the 7.5% retirement status category.

(7) “Post-accident employee” means any Department employee who, while on duty, is involved in a vehicular or other type of accident resulting in personal injury or property damage, or both.

(8) “Random testing” means drug or alcohol testing taken by Department employees at an unspecified time for the purposes of determining whether any Department employees have used drugs or alcohol and, as a result, are unable to satisfactorily perform their employment duties.

(9) “Reasonable suspicion” means a belief by a supervisor that an employee is under the influence of an illegal substance or alcohol to the extent that the employee’s ability to perform the employee's job is impaired. Supervisors shall be trained in substance abuse recognition and shall receive a second opinion from another supervisor prior to making a reasonable suspicion referral.

(Sept. 20, 1996, D.C. Law 11-158, § 2, 43 DCR 3702; Apr. 21, 2023, D.C. Law 24-344, § 11(a), 70 DCR 635.)

Prior Codifications

1981 Ed., § 24-448.1.

Emergency Legislation

For temporary addition of subchapter, see §§ 2 through 5 of the Department of Corrections Employee Mandatory Drug and Alcohol Testing Emergency Act of 1995 (D.C. Act 11-167, November 28, 1995, 42 DCR 6805) and §§ 2 through 5 of the Department of Corrections Employee Mandatory Drug and Alcohol Testing Congressional Review Emergency Act of 1996 (D.C. Act 11-208, February 14, 1996, 43 DCR 794).

Temporary Legislation

Temporary addition of subchapter: D.C. Law 11-91 added this subchapter.

Section 7(b) of D.C. Law 11-91 provided that the act shall expire after the 225th day of its having taken effect or on the effective date of the Department of Corrections Employee Mandatory Drug and Alcohol Testing Act of 1995, whichever occurs first.

§ 24–211.22. Employee testing.

(a) The following Department employees shall be tested for drug and alcohol use:

(1) Applicants;

(2) Those employees who have had a reasonable suspicion referral;

(3) Post-accident employees, as soon as reasonably possible after the accident; and

(4) HPR employees.

(b) Only HPR employees shall be subject to random testing.

(c) Employees shall be given at least a 30-day written notice from September 20, 1996, that the Department is implementing a drug and alcohol testing program and shall be given an opportunity to seek treatment. Following September 20, 1996, the Department shall procure a testing vendor and testing shall be implemented as described herein.

(d) The Department shall comply with the requirements of subchapter XX-E of Chapter 6 of Title 1.

§ 24–211.23. Testing methodology.

(a) Testing shall be performed by an outside contractor. The contractor shall be a laboratory certified by the United States Department of Health and Human Services (“HHS”) to perform job related drug and alcohol forensic testing.

(b) For random testing, the contractor shall come on-site to the Department’s institutions and shall collect urine specimens and split the samples. The contractor shall perform enzyme-multiplied-immunoassay technique (“EMIT”) testing on one sample and store the split sample. Any positive EMIT test shall then be confirmed by the contractor using gas chromatography/mass spectrometry (“GCMS”) methodology.

(c) Any Department employee found to have a confirmed positive urinalysis shall be notified of the result. The employee may then authorize that the stored sample be sent to another HHS certified laboratory of the employee's choice, at the employee's expense, for secondary GCMS confirmation.

(d) Reasonable suspicion and post-accident employee testing shall follow the same procedures set forth in subsections (a) through (c) of this section. In such cases, the employee shall be escorted by a supervisor to the contractor’s test site for specimen collection or a breathalyzer.

(e) Any Department employee who operates a motor vehicle in the District of Columbia shall be deemed to have given the employee's consent, subject to conditions in this subchapter, to the testing of the person’s urine or breath for the purpose of determining drug or alcohol content whenever a supervisor has reasonable suspicion or a police officer arrests such person for a violation of the law and has reasonable grounds to believe such person was operating or in physical control of a motor vehicle within the District while that person was intoxicated as defined by § 50-2206.01(9), while under the influence of an intoxicating liquor or any drug or any combination thereof, or while the ability to operate a motor vehicle was impaired by the consumption of an intoxicating beverage.

(f) A breathalyzer shall be deemed positive by the Department’s testing contractor if the contractor determines that the alcohol concentration of the employee’s breath meets the definition of intoxicated as defined by § 50-2206.01(9). A positive breathalyzer test shall be grounds for termination of employment in accordance with subchapter I of Chapter 6 of Title 1.

(Sept. 20, 1996, D.C. Law 11-158, § 4, 43 DCR 3702; Apr. 13, 1999, D.C. Law 12-227, § 3, 46 DCR 502; Mar. 2, 2007, D.C. Law 16-195, § 5, 53 DCR 8675; Apr. 27, 2013, D.C. Law 19-266, § 305, 59 DCR 12957; Apr. 21, 2023, D.C. Law 24-344, § 11(b), 70 DCR 635.)

Prior Codifications

1981 Ed., § 24-448.3.

Effect of Amendments

D.C. Law 16-195, in subsec. (e), substituted “alcohol concentration was 0.08 grams or more per 210 liters of breath” for “breath contained .08% or more, by weight, of alcohol”; and, in subsec. (f), substituted “210 liters of the employee’s breath contains 0.08 grams or more of alcohol” for “1 milliliter of the employee’s breath (consisting of substantially alveolar air) contains .38 micrograms or more of alcohol”.

The 2013 amendment by D.C. Law 19-266 substituted “person was intoxicated as defined by § 50-2206.01(9)” for “person’s alcohol concentration was 0.08 grams or more per 210 liters of breath” in (e); and substituted “the alcohol concentration of the employee’s breath meets the definition of intoxicated as defined by § 50-2206.01(9)” for “210 liters of the employee’s breath contains 0.08 grams or more of alcohol” in (f).

Emergency Legislation

For temporary addition of subchapter, see note to § 24-211.21.

For temporary amendment of section, see § 3 of the Department of Human Services and Commission on Mental Health Services Mandatory Employee Drug and Alcohol Testing and Department of Corrections Conforming Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-599, January 20, 1999, 46 DCR 1147).

For temporary (90 day) amendment of section, see § 4(b) of Anti-Drunk Driving Clarification Emergency Amendment Act of 2006 (D.C. Act 16-469, July 31, 2006, 53 DCR 6764).

For temporary (90 day) amendment of section, see § 5 of Anti-Drunk Driving Clarification Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-518, October 27, 2006, 53 DCR 9104).

For temporary (90 day) amendment of section, see § 5 of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-6, January 16, 2007, 54 DCR 1452).

For temporary amendment of (e) and (f), see § 305 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).

For temporary (90 days) amendment of this section, see § 305 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 305 of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

Temporary addition of subchapter: See Historical and Statutory Notes following § 24-211.21.

§ 24–211.24. Procedure and employee impact.

The drug testing policy shall be issued in advance to inform employees and allow them the opportunity to seek treatment. Thereafter, any confirmed positive test results or a refusal to submit to the test shall be grounds for termination of employment in accordance with subchapter I of Chapter 6 of Title 1. This testing program is for all employees, including management, and shall be implemented as a single Department program. The results of a random test may not be turned over to any law enforcement agency without the employee’s written consent.

Part C. Department of Corrections Criminal Background Investigations.

§ 24–211.41. Authorization of investigation.

(a) The Director of the Department of Corrections (“Director”) shall conduct, on a biennial basis, National Crime Information Center (“NCIC”) criminal background investigations on all Department employees including non-probationary employees.

(b) At the Director’s discretion, the Director also may conduct NCIC investigations at unspecified times.

(June 19, 1998, D.C. Law 12-126, § 2, 45 DCR 1232.)

Prior Codifications

1981 Ed., § 24-448.11.

Emergency Legislation

For temporary addition of section, see § 2 of the Department of Corrections Criminal Background Investigation Authorization Emergency Act of 1996 (D.C. Act 11-444, December 6, 1996, 44 DCR 116), § 2 of the Department of Corrections Criminal Background Investigation Authorization Congressional Review Emergency Act of 1997 (D.C. Act 12-33, March 11, 1997, 44 DCR 1913), § 2 of the Department of Corrections Criminal Background Investigation Authorization Second Emergency Act of 1997 (D.C. Act 12-188, October 30, 1997, 44 DCR 6968), and § 2 of the Department of Corrections Criminal Background Investigation Authorization Congressional Recess Emergency Act of 1998 (D.C. Act 12-251, January 29, 1998, 45 DCR 899).

For temporary (90 day) addition of § 24-211.61, see § 2902 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Temporary Legislation

Temporary addition of section: Section 2 of D.C. Law 11-230 added this section.

Part D. Limitation on Department of Corrections’ Use of Facilities on D.C. General Hospital Campus.

§ 24–211.61. Limitation on Department of Corrections’ use of facilities on D.C. General Hospital Campus. [Repealed]

Repealed.

Part E. Grant for Inmate and Returning Citizen Assistance.

§ 24–211.71. Department of Corrections resident and returning citizen assistance grant.

(a) In Fiscal Year 2017 and each fiscal year thereafter, of the annual funds available to the Office of Victim Services and Justice Grants ("Office"), no less than $125,000 shall be awarded to an organization that assists individuals currently in the custody of or recently released from the District of Columbia Jail or the Correctional Treatment Facility.

(b) The Office shall award the grant funds provided under subsection (a) of this section in their entirety as early in the fiscal year as is feasible. The Office shall not provide the grant funds on a reimbursement basis.

Subchapter III. Educational Good Time Credits.

§ 24–221.01. Educational good time.

(a) Every person whose conduct complies with institutional rules and who demonstrates a desire for self-improvement by successfully participating in an academic or vocational program, including special education and Graduate Equivalency Diploma programs, shall earn educational good time credits of no less than 3 days a month and not more than 5 days a month.

(b) Educational good time credits authorized by the provisions of this section shall be applied to the person’s minimum term of imprisonment to determine the date of eligibility for release on parole and to the person’s maximum term of imprisonment to determine the date when release on parole becomes mandatory.

(Apr. 11, 1987, D.C. Law 6-218, § 3, 34 DCR 484; Dec. 10, 2009, D.C. Law 18-88, § 701, 56 DCR 7413.)

Prior Codifications

1981 Ed., § 24-429.

Section References

This section is referenced in § 24-221.01c, § 24-231.08, and § 24-403.02.

Effect of Amendments

D.C. Law 18-88, in subsec. (a), substituted “participating in” for “completing” and deleted the second sentence which had read as follows: “These credits shall not be awarded until completion of the academic or vocational program.”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3061 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

§ 24–221.01a. Meritorious good time credit.

(a) In the discretion of the Director of the Department of Corrections, a person may be allowed meritorious good time credit for performing exceptionally meritorious service or performing duties of outstanding importance in connection with institutional operations.

(b) Meritorious good time credits authorized by this section shall be applied to the person’s minimum term of imprisonment to determine the date of eligibility for release on parole and to the person’s maximum term of imprisonment to determine the date when release on parole becomes mandatory.

§ 24–221.01b. Limitations.

Educational and meritorious good time credits shall not reduce the minimum sentence of any person convicted of a crime of violence as defined by § 22-4501, by more than 15%.

(Apr. 11, 1987, D.C. Law 6-218, § 3b; as added Aug. 20, 1994, D.C. Law 10-151, § 802(c), 41 DCR 2608; Apr. 21, 2023, D.C. Law 24-344, § 14(b), 70 DCR 635.)

Prior Codifications

1981 Ed., § 24-429.2.

Emergency Legislation

For temporary addition of section, see § 802(c) of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).

For temporary (90 day) addition of section, see § 402(a) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) addition of section, see § 402(a) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).

§ 24–221.01c. Credits for good behavior, rehabilitation programs, work details, and special projects.

(a) A person sentenced for a misdemeanor whose conduct complies with institutional rules shall be eligible to receive good time credits of up to 3 credits per calendar month for good behavior, as prescribed by applicable rules.

(b) A person sentenced for a misdemeanor who demonstrates successful participation in one or more rehabilitation programs, work details, or special projects shall be eligible to receive good time credits of up to 3 credits per calendar month for each such program, detail, or project, as prescribed by applicable rules.

(c) No person shall receive more than 10 credits per calendar month under § 24-221.01 and this section combined; except that the Department of Corrections shall have discretion to award additional credits beyond the limits described in this subsection, including pursuant to § 24-211.01 and this section, consistent with public safety.

(d) Good time credits shall be computed from the day on which a person is first incarcerated. In a case in which the person is later sentenced for a misdemeanor, the good time credits shall not be awarded until after a sentence is imposed.

§ 24–221.02. Administration of good time credits.

(a)(1) The Mayor shall administer the award of good time credits.

(2) The Mayor shall promulgate proposed rules for granting, withholding, forfeiting, cancelling, and restoring good time credits.

(3) The proposed rules shall be submitted to the Council of the District of Columbia (“Council”) for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

(b) The Mayor shall establish an Institutional Appeals Board (“Board”) of 5 persons not employed by the Department of Corrections, to review the granting, withholding, forfeiture, cancellation, and restoration of good time credits. The Department shall provide staff support to the board. [A] person shall be entitled to appeal a decision to the board. The board shall review the record of the person and any additional materials submitted by the person or the Department. The decision of the board shall be final.

(Apr. 11, 1987, D.C. Law 6-218, § 4, 34 DCR 484; May 17, 2011, D.C. Law 18-372, § 2(b), 58 DCR 7; Apr. 21, 2023, D.C. Law 24-344, § 14(c), 70 DCR 635.)

Prior Codifications

1981 Ed., § 24-430.

Section References

This section is referenced in § 24-221.04.

Effect of Amendments

D.C. Law 18-372, in subsec. (a), deleted “educational” preceding “good time”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 402(b) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 402(b) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).

§ 24–221.03. Jail time; parole.

(a) Every person shall be given credit on the maximum and the minimum term of imprisonment for time spent in custody, or on parole in accordance with § 24-406, as a result of the offense for which the sentence was imposed. When entering the final order in any case, the court shall provide that the person be given credit for the time spent in custody, or on parole in accordance with § 24-406, as a result of the offense for which sentence was imposed.

(b) When a person has been in custody due to a charge that resulted in a dismissal or acquittal, the time that would have been credited against a sentence for the charge, had the charge not resulted in a dismissal or acquittal, shall be credited against any sentence that is based upon a charge for which a warrant or commitment detainer was placed during the pendency of the custody.

(c) Any person who is sentenced to a term of confinement in a correctional facility or hospital shall have deducted from the term all time actually spent, pursuant to a court order, by the person in a hospital for examination purposes or treatment prior to trial or pending an appeal.

§ 24–221.04. Forfeiture.

The award of good time credits for good behavior and faithful performance of duties may be forfeited, withheld, and restored by the Director, in accordance with rules promulgated by the Mayor pursuant to § 24-221.02, after a hearing, which shall be conducted in accordance with the rules.

§ 24–221.05. Reporting requirement.

The Department of Corrections shall:

(1) Regularly inform incarcerated persons of all awards, forfeitures, and restorations of good time credits; and

(2) Inform the United States Parole Commission of all incarcerated persons:

(A) Who are expected to become eligible for release on parole within 45 days of their eligibility date; and

(B) Whose release on parole will become mandatory within 45 days of the date when their release on parole becomes mandatory.

§ 24–221.06. Exceptions.

Institutional and educational good time credits shall not be applied to the minimum terms of persons sentenced under § 22-4502, § 48-901.02, § 48-904.01, § 22-2104(b), § 22-2803, or § 22-4504(b).

Subchapter IV. Prison Industries. [Repealed]

§ 24–231.01. Definitions. [Repealed]

Repealed.

§ 24–231.02. Establishment of Prison Industries Fund. [Repealed]

Repealed.

§ 24–231.03. Use of Fund revenues. [Repealed]

Repealed.

§ 24–231.04. Maintenance of the prison industries program; administration by the Director. [Repealed]

Repealed.

§ 24–231.05. Sales, advertising and marketing of prison industries products and services; tax exemption. [Repealed]

Repealed.

§ 24–231.06. Joint venture agreements. [Repealed]

Repealed.

§ 24–231.07. Prison Industries Joint Venture Advisory Board. [Repealed]

Repealed.

§ 24–231.08. Employment of prisoners; terms and conditions; opportunities for advancement; qualifications. [Repealed]

Repealed.

§ 24–231.09. Status of prisoners with respect to prison industries. [Repealed]

Repealed.

§ 24–231.10. Wages of employed prisoners; unemployment compensation. [Repealed]

Repealed.

§ 24–231.11. Disbursement of wages to employed prisoners; deductions; accounting. [Repealed]

Repealed.

§ 24–231.12. Workers’ compensation insurance. [Repealed]

Repealed.

§ 24–231.13. Annual report; annual inventory. [Repealed]

Repealed.

§ 24–231.14. Disposition of profits. [Repealed]

Repealed.

§ 24–231.15. Transfer of assets. [Repealed]

Repealed.

Subchapter V. Work Release Program.

§ 24–241.01. Authority granted to establish program.

There is hereby authorized to be established in the District of Columbia a work release program under which any person who is: (1) convicted of a misdemeanor or of violating a municipal regulation or an act of Congress in the nature of a municipal regulation, and is sentenced to serve in a penal institution a term of 1 year or less; (2) imprisoned for nonpayment of a fine, or for contempt of court; or (3) committed to jail after revocation of probation pursuant to § 24-304, may, whenever the judge of the sentencing court is satisfied that the ends of justice and the best interests of society as well as of such person would be subserved thereby or whenever after service by the person of 1/3 of his or her sentence, the Board of Parole is satisfied that the ends of justice and the best interests of society as well as of the sentenced person would be served thereby, be granted the privilege of a work release for the purpose of working at his employment or seeking employment. Such a work release privilege may also be granted, in the discretion of the sentencing court or the Director of the Department of Corrections, whenever there exist such special circumstances as merit the granting of the privilege. As used in this subchapter, the word “sentence” and its derivatives shall be construed to include sentencing, imprisonment, and commitment as referred to in this section.

(Nov. 10, 1966, 80 Stat. 1519, Pub. L. 89-803, § 2; Mar. 10, 1983, D.C. Law 4-202, § 5, 30 DCR 173; June 3, 1997, D.C. Law 11-273, § 4(a), 43 DCR 6168.)

Prior Codifications

1981 Ed., § 24-461.

1973 Ed., § 24-461.

Section References

This section is referenced in § 24-241.02.

Emergency Legislation

For temporary amendment of section, see § 4(a) of the Zero Tolerance for Guns Emergency Amendment Act of 1996 (D.C. Act 11-390, August 26, 1996, 43 DCR 4986), § 4(a) of the Zero Tolerance for Guns Congressional Adjournment Emergency Amendment Act of 1996 (D.C. Act 11-436, December 4, 1996, 43 DCR 6651), and § 4(a) of the Zero Tolerance for Guns Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-35, March 11, 1997, 44 DCR 1928).

§ 24–241.02. Recommendations; order of court or Board of Parole required.

At the time of imposition of sentence, the probation officers of the court or the Director of the Department of Corrections, may recommend to, or the person sentenced may request, the sentencing court that such person be granted the privilege of work release. At any time subsequent to the imposition of sentence, the person sentenced may request the sentencing court or the Director of the Department of Corrections that such person be granted the privilege of work release. No person shall be given work release privileges except by order of the sentencing court or the Director of the Department of Corrections, or by order of the Board of Parole pursuant to § 24-241.01.

§ 24–241.03. Conditions for release.

The Director of the Department of Corrections shall state in writing the terms and conditions under which a person granted work release privileges may be released from actual custody during the time necessary to proceed to the person’s place of employment or other authorized places, perform specified activities, and return to a place of confinement designated by the Director of the Department of Corrections.

§ 24–241.04. Regulations; individual plans.

The Council of the District of Columbia is authorized to promulgate from time to time such rules and regulations as it deems necessary for the administration by the Department of Corrections of the work release program.

(Nov. 10, 1966, 80 Stat. 1519, Pub. L. 89-803, § 5; June 3, 1997, D.C. Law 11-273, § 4, 43 DCR 6168.)

Prior Codifications

1981 Ed., § 24-464.

1973 Ed., § 24-464.

Emergency Legislation

For temporary amendment of section, see § 4(d) of the Zero Tolerance for Guns Emergency Amendment Act of 1996 (D.C. Act 11-390, August 26, 1996, 43 DCR 4986) and § 4(c) of the Zero Tolerance for Guns Congressional Adjournment Emergency Amendment Act of 1996 (D.C. Act 11-436, December 4, 1996, 43 DCR 6651), see § 4(c) of the Zero Tolerance for Guns Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-35, March 11, 1997, 44 DCR 1928).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(426) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 24–241.05. Suspension of work release privilege; violations of work release plan.

(a) The Director of the Department of Corrections may suspend or revoke the work release privilege for any breach of discipline or infraction of institution regulations. The Court may revoke the work release privilege at any time, either upon its own motion or upon recommendation of the Director of the Department of Corrections.

(b) Any prisoner who willfully fails to return at the time and to the place of confinement designated in his work release plan shall be fined not more than $1,000 or imprisoned not more than 180 days, or both, such sentence of imprisonment to run consecutively with the remainder of previously imposed sentences. All prosecutions for violation of this subsection shall be in the Superior Court of the District of Columbia upon information filed by the Corporation Counsel of the District of Columbia or any of his assistants.

(Nov. 10, 1966, 80 Stat. 1519, Pub. L. 89-803, § 6; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); June 3, 1997, D.C. Law 11-273, § 4(d), 43 DCR 6168.)

Prior Codifications

1981 Ed., § 24-465.

1973 Ed., § 24-465.

Emergency Legislation

For temporary amendment of section, see § 4(e) of the Zero Tolerance for Guns Emergency Amendment Act of 1996 (D.C. Act 11-390, August 26, 1996, 43 DCR 4986), § 4(d) of the Zero Tolerance for Guns Congressional Adjournment Emergency Amendment Act of 1996 (D.C. Act 11-436, December 4, 1996, 43 DCR 6651), and see § 4(d) of the Zero Tolerance for Guns Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-35, March 11, 1997, 44 DCR 1928).

§ 24–241.06. Trust fund for earnings; disbursements.

The Mayor is authorized to include in individual work release plans provisions for the collection of the wages, salary, earnings, and other income of each gainfully employed prisoner when paid, or require that the same be surrendered when received, less payroll deductions required or authorized by law, and to deposit the amount so received in a trust fund account in the Treasury of the United States. Such wages, salary, or earnings in the hands of either the employer or the Mayor during such prisoner’s terms shall not be subject to garnishment or attachment. The Mayor is further authorized in individual work release plans to provide for disbursements from the trust fund account established under this section for any or all of the following purposes: (1) the payment of an amount not to exceed the lesser of 20% of the prisoner’s earnings, or $4 per day, as the cost of his room and board; (2) necessary travel expenses to and from work or other business and incidental expenses of the prisoner; (3) support of the prisoner’s dependents, if any; (4) support of minor children pursuant to court order; (5) payment of court fines or forfeitures; or (6) payment, either in full or ratably, of the prisoner’s debts which have been acknowledged by him in writing or have been reduced to judgment. The balance of such earnings, if any there be after payments therefrom for the foregoing purposes, shall be paid to the prisoner upon the completion of the period during which he is subject to confinement.

(Nov. 10, 1966, 80 Stat. 1520, Pub. L. 89-803, § 7.)

Prior Codifications

1981 Ed., § 24-466.

1973 Ed., § 24-466.

Section References

This section is referenced in § 24-241.07.

Change in Government

§ 24–241.07. Support of dependents.

Payments for support pursuant to § 24-241.06 shall be made through the clerks of the respective courts. In cases where there is no outstanding court order of support or judgment against the prisoner, the Director, Department of Public Welfare, or his designated agent, shall, after investigation, report to the Mayor the amounts deemed necessary for support of the prisoner’s dependents.

(Nov. 10, 1966, 80 Stat. 1520, Pub. L. 89-803, § 8.)

Prior Codifications

1981 Ed., § 24-467.

1973 Ed., § 24-467.

Transfer of Functions

Reorganization Order No. 58 as amended, redesignated as Organization Order No. 140 and amended, established under the direction and control of a Commissioner, a Department of Public Welfare, headed by a Director with the purpose of planning, implementing and directing public welfare programs. Reorganization Order No. 58 provided that the previously existing Board of Public Welfare would be abolished. That Order also transferred specified functions of the former Board to the Department of Public Health and the Department of Public Welfare. Functions of the Department of Public Welfare and of the Department of Public Health as set forth in Organization Order Nos. 140 and 141, respectively, were transferred to the Director of the Department of Human Resources by Commissioner’s Order No. 69-96, dated March 7, 1969, as amended by Commissioner’s Order No. 70-83, dated March 6, 1970. The Department of Human Resources was replaced by the Department of Human Services by Reorganization Plan No. 2 of 1979, dated February 21, 1980.

Change in Government

§ 24–241.08. Designation of Mayor as representative of Attorney General.

The Attorney General of the United States may, in order to carry out the purposes of this subchapter, designate the Mayor as his authorized representative to perform the functions vested in him by § 24-201.26.

(Nov. 10, 1966, 80 Stat. 1520, Pub. L. 89-803, § 9.)

Prior Codifications

1981 Ed., § 24-468.

1973 Ed., § 24-468.

Change in Government

§ 24–241.09. “Mayor” defined; authority of Commissioners.

(a) As used in this subchapter the term “Mayor” means the Mayor of the District of Columbia or his designated agents.

(b) Nothing in this subchapter shall be construed so as to affect the authority vested in the Commissioners by Reorganization Plan No. 5 of 1952 (66 Stat. 824). The performance of any function vested by this subchapter in the Commissioners or in any office or agency under the jurisdiction and control of said Commissioners may be performed by the Commissioners or may be delegated by said Commissioners in accordance with § 3 of such plan.

(Nov. 10, 1966, 80 Stat. 1520, Pub. L. 89-803, § 10.)

Prior Codifications

1981 Ed., § 24-469.

1973 Ed., § 24-469.

References in Text

Reorganization Plan No. 5 of 1952, referred to in subsection (b) of this section, is set out in its entirety in Volume 1.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-211), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-213(a)), appropriate changes in terminology were made in this section.

§ 24–241.10. Prisoner not agent, employee or servant of District.

Except when employed and paid by the District of Columbia for the performance of work for the District of Columbia government, no prisoner employed in the free community under the provisions of this subchapter shall, while working in such employment in the free community or going to or from such employment, be deemed to be an agent, employee, or servant of the District of Columbia government.

Subchapter VI. Resocialization Furlough Program.

§ 24–251.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Committee" means an institutional review committee established pursuant to § 24-251.06.

(2) "Department" means the Department of Corrections.

(3) "Director" means the Director of the Department of Corrections, or the Director's designee.

(4) "Furlough" means any extension of the limits of the place of confinement of a resident for the purposes outlined in § 24-251.03, and when the purposes are in agreement with the goals of § 24-211.02 when the resident is not escorted by a United States Marshal or an officer or employee of the District.

(5) "Minimum custody status" means that status of a resident who:

(A) In the case of a resident who has been sentenced to serve a definite number of years, is within 12 months of the resident's earliest possible date of parole;

(B) In the case of a resident who has been sentenced to serve a sentence of not less than a minimum period, has served for at least one-half of that minimum period;

(D) In the case of a resident who has been sentenced to serve a definite period of less than 18 months, has served for at least one-half of that period.

(6) "Resident" means an individual confined, after conviction and sentencing, in an institution or facility of the District of Columbia operated by the Department of Corrections.

§ 24–251.02. Authority to grant furloughs.

(a) The Director may grant a resocialization furlough to any eligible resident for the purposes specified in this subchapter and according to the procedures provided for in this subchapter. The decision to grant or deny a furlough shall not be made on the basis of rewarding a resident for good behavior nor for punishing misbehavior. Furloughs shall not be used to shorten sentences; any resident furloughed shall be considered, while on furlough, to still be in custody, and time spent on furlough shall be credited toward the remainder of the resident's sentence.

(b) For the purposes of this subchapter, an eligible resident shall be any resident who:

(1) Has attained minimum custody status;

(2) Has demonstrated responsible attitudes and behavior in the institution or facility so that there is reasonable assurance that the resident will comply fully with the conditions of the furlough;

(3) Has received, where applicable, a favorable recommendation by the appropriate committee; and

(4) Is mentally, physically, and financially capable of completing the furlough without escort or assistance from any officer or employee of the Department after the resident's release from the institution or facility.

(c) Any individual who is incarcerated in any institution or facility operated by the Department after being convicted of having violated either § 22-2101 (relating to first degree murder), § 22-2102 (relating to first degree murder), or § 22-2103 (relating to second degree murder), § 22-4801 [repealed] (relating to rape), or § 22-3801 [repealed] (relating to indecent acts with a minor) shall not be eligible for any furlough under the provisions of this subchapter, except where such individual is within 12 months of a firm release date.

(d) Any eligible resident who is within 12 months of a firm release date or who is participating in an approved work training or higher education program may be considered for 1 furlough per month. All other eligible residents may be considered for 1 furlough every 3 months.

§ 24–251.03. Purposes of furloughs; furloughs over 12 hours.

(a) The Director may grant a furlough, except as provided in subsection (c) of this section, to any eligible resident:

(1) In order to visit the bedside of a dying relative, or to attend the funeral of a relative, in the Washington metropolitan area;

(2) Upon the recommendation of the institutional review committee, in order to call upon prospective employers in the Washington metropolitan area, enroll in an educational institution or program, obtain suitable housing prior to release, or to finalize parole supervision plans with an officer or employee of the Department; or

(3) Upon the recommendation of the institutional review committee, to participate in family and approved community, religious, or educational, social, civic, and recreational activities, when it is determined that such participation will directly facilitate the transition from life in the facility or institution to life in the community.

(b) The Director may grant a furlough for the purposes specified in paragraph (1) of subsection (a) of this section outside of the Washington metropolitan area, so long as such furlough does not exceed 72 hours.

(c) The Director may grant a furlough to an eligible resident for longer than 12 hours, but for no longer than 72 hours, where the Director finds that, based on a report from the institutional review committee, such eligible resident:

(1) Has demonstrated complete institutional adjustment;

(2) Is strongly motivated to benefit from the program;

(3) Is considered to have exceptional potential for rehabilitation; and

(4) Will not, while on furlough, constitute a threat or danger to the community.

(d) For the purposes of this section, the term “relative” means a spouse, child (including a step-child, adopted child, or child to whom the resident, though not a natural parent, has acted in the place of a parent), parent (including a person who, though not a natural parent, has acted in the place of a parent), brother, or sister.

(e) In the event any eligible resident applies for a furlough for 1 of the reasons specified in paragraph (1) of subsection (a) of this section, verification of the death or seriousness of the illness, as the case may be, of the relative must be obtained from the attending physician, hospital physician, or funeral home director (as applicable), before such furlough may be granted.

§ 24–251.04. Procedures.

(a) Each caseworker or counselor on the staff of the Department who is assigned to investigate an application for a furlough shall: (1) verify the reasons given by the applicant for the furlough; (2) determine whether the furlough requested and the applicant meet the requirements of this subchapter; and (3) ascertain whether the furlough will contribute to the attainment of the correctional goals of the applicant. If the caseworker or counselor finds that the request meets these criteria, and the provisions of this subchapter, then the caseworker or counselor shall prepare a memorandum recommending the granting of the furlough. The memorandum shall be reviewed by the appropriate supervisory personnel and finally by the Director. Each such memorandum shall contain the name of the resident concerned, the resident's Department number, the crime for which the resident was sentenced, the reason for the requested furlough, all factual information (including its verification data), and a statement by the caseworker or counselor on how the furlough is expected to contribute to the attainment of the resident concerned correctional goals and the date of the last furlough granted to such resident.

(b) Each resident being released on furlough will be advised in writing of the conditions of the resident's furlough and will be given a thorough explanation of such conditions. In addition, each resident will be advised that the wilful failure to remain within the extended limits of the resident's confinement, or the resident's failure to return to a designated place within the time prescribed may be deemed an escape, punishable by a fine of not more than $5,000 or imprisonment for not longer than 5 years, or both. Tthe resident's furlough release authorization form shall be signed by the resident concerned, indicating the resident's understanding of the conditions of the furlough and the resident's willingness to comply with such conditions. Such form will also be signed by the person authorizing such furlough. The resident concerned will be given a copy of such form and instructed to keep it on the resident's person at all times while on furlough.

(c) If a resident on furlough fails to return to a designated place within the time specified in the furlough authorization form the resident signed, or if there is reason to believe that the resident has violated the conditions of the resident's furlough after release, the Director shall immediately attempt to contact the resident in order to have the resident returned to the facility from which the resident was released. If a furloughed resident cannot be located within 2 hours after the scheduled time for the resident's return, the resident shall be deemed to be an escapee, subject to the appropriate actions taken under the relevant Department order.

§ 24–251.05. Records and reports.

(a) Residents being released on furlough shall be reported as “furloughed” on appropriate Departmental records and statistical forms, identifying such movement as a furlough. Because time spent on furlough is creditable toward the service of a sentence, such status will not preclude the earning of good time or pay.

(b) Each caseworker or counselor assigned to handle a furloughed resident will, upon the completion of each such furlough, prepare a brief report to include:

(1) The name and Department number of the furloughed resident to whom the report relates;

(2) The purpose of the furlough being completed;

(3) A statement of the results of the furlough, including an explanation of any unusual circumstances or events;

(4) The reporter’s assessment of the circumstances or events in relation to the resident’s correctional goals; and

(5) The dates of any previous furloughs granted, including the one to which the report relates.

(c) Copies of all executed furlough release authorization forms shall be kept in the office of the Administrator. Within 5 calendar days before the beginning of each month, the information on these forms (in digested form) will be reported to the designee of the Director. These reports will include:

(1) The name and Department number of each resident who has been granted a furlough during the reporting period;

(2) Sentence data relating to such resident, including the resident's earliest release date;

(3) The purpose of the furlough;

(4) The beginning and ending dates of the furlough;

(5) The name of the officer authorizing the furlough;

(6) The number of furloughs previously granted to such resident; and

(7) The total number of furloughs granted to all residents during the reporting period.

§ 24–251.06. Institutional review committees.

There shall be established, within each facility and institution of the Department, an institutional review committee composed of a psychologist, a senior correctional officer, and an academician. Each committee shall be appointed by the Director. It shall be the function of each committee to examine the progress and adjustments of the residents of the facility or institution in which the committee was established, and to make recommendations to the appropriate person with respect to the applications for furloughs of such residents. In making such recommendations, each committee shall rely generally upon consideration of the applicant’s disciplinary record, psychological evaluation, work and training participation, and attitudinal and behavior adjustment.

§ 24–251.07. Report to Council.

The Director shall submit to the Council’s Committee with jurisdiction over the Department, semiannually (on January 31st and July 31st of each year), a report on the furlough program conducted during the immediately preceding period. The report shall include the number of furloughs granted during such reporting period, the types of furloughs so granted, a listing of all instances where a furloughed resident failed to abide by the conditions of the resident's furlough, an analysis of each of the furloughed residents, giving the sex, sentence data, and other relevant information relating to each such resident, and such other information as the Director may deem necessary and relevant. The Director shall formulate an overall evaluation and submit same as a part of the report required by this section.

§ 24–251.08. Severability.

If any section or provision of this subchapter is held to be unconstitutional or otherwise invalid in its application to any person or circumstance, such unconstitutionality or invalidity shall not affect the applicability of that section or provision, or the applicability of the remaining sections or provisions of this subchapter, to other persons or circumstances.

Subchapter VII. Correctional Treatment Facility.

§ 24–261.01. Rules.

For the purposes of this subchapter, the term:

(1) “CTF” means the Correctional Treatment Facility.

(2) “Deadly force” means force which would likely cause death or serious bodily injury.

(3) “Non-deadly force” means force that normally would neither cause death nor serious bodily injury.

(4) “Private correctional officer” means any full-time or part-time employee of the private operator of the Correctional Treatment Facility or any other privately-operated prison facility housing inmates in the District of Columbia for the District of Columbia Department of Corrections or the Federal Bureau of Prisons, or the subcontractor of any private operator housing inmates in the District of Columbia for the District of Columbia Department of Corrections or the Federal Bureau of Prisons, whose primary responsibility is the supervision, protection, care, and control of inmates assigned to the Correctional Treatment Facility or any other privately-operated prison facility in the District of Columbia.

(5) “Private operator” means any individual, partnership, corporation, or incorporated association bound by contract with the District of Columbia or the United States to operate the Correctional Treatment Facility or any other prison facility housing inmates in the District of Columbia for the District of Columbia Department of Corrections or the Federal Bureau of Prisons.

(June 3, 1997, D.C. Law 11-276, § 2, 44 DCR 1416; May 28, 1999, D.C. Law 12-281, § 2(a)(2), 45 DCR 7991.)

Prior Codifications

1981 Ed., § 24-495.1.

Emergency Legislation

For temporary addition of subchapter, see §§ 2-6 of the Correctional Treatment Facility Congressional Review Emergency Act of 1997 (D.C. Act 12-32, March 11, 1997, 44 DCR 1908).

For temporary amendment of section, see § 2(a) of the Correctional Treatment Facility Emergency Amendment Act of 1998 (D.C. Act 12-315, March 31, 1998, 45 DCR 2126), § 2(a) of the Correctional Treatment Facility Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-388, June 29, 1998, 45 DCR 4625), and § 2(a) of the Correctional Treatment Facility Firearms Registration and Health Occupations Licensing Emergency Amendment Act of 1998 (D.C. Act 12-442, September 3, 1998, 45 DCR 6517).

Temporary Legislation

Section 2(a) of D.C. Law 12-164 rewrote (4) and (5).

Section 4(b) of D.C. Law 12-164 provided that the act shall expire after 225 days of its having taken effect.

§ 24–261.02. Use of deadly and non-deadly force.

(a) A private correctional officer may carry firearms provided by the private operator only in the following situations:

(1) While patrolling the perimeter grounds of the CTF or any other privately-operated prison facility;

(2) While transporting inmates assigned to the CTF or to any other privately-operated prison facility;

(3) While pursuing inmates assigned to the CTF or to any other privately-operated prison facility who have escaped from the custody of the Department of Corrections or the Federal Bureau of Prisons; and

(4) During a state of emergency as determined by the Department of Corrections or the Federal Bureau of Prisons.

(b) The use of either deadly force or non-deadly force by a private correctional officer employed by the private operator shall at all times be governed by Department of Corrections Order 5010.9, as such order may from time to time be amended or modified. Notwithstanding the provisions of § 22-4504, a private correctional officer shall have the right to possess and use firearms provided by, and in the course of employment with, the private operator; provided, that such carrying and use is in accordance with the policy established by the Department of Corrections, as set forth in Department Order 5011.1, as such order may from time to time be amended or modified. A private correctional officer shall be authorized to use such firearms only as a last resort, and then only in accordance with Department Order 5011.1.

(c) For the purposes of this section, the private operator shall be considered an organization authorized to register firearms pursuant to subchapter I of Unit A of Chapter 25 of Title 7.

(d) Each private correctional officer shall be trained in the use of force and the use of firearms, in accordance with procedures that have been reviewed by the Department of Corrections. No employee of the private operator shall be authorized to carry and use firearms until such employee has successfully completed a training program for correctional officers that has been approved by the Department of Corrections.

(June 3, 1997, D.C. Law 11-276, § 3, 44 DCR 1416; May 28, 1999, D.C. Law 12-281, §§ 2(b), (c), 45 DCR 7991.)

Prior Codifications

1981 Ed., § 24-495.2.

Section References

This section is referenced in § 24-261.02a.

Emergency Legislation

For temporary amendment of section, see § 2(b) of the Correctional Treatment Facility Emergency Amendment Act of 1998 (D.C. Act 12-315, March 31, 1998, 45 DCR 2126), § 2(b) of the Correctional Treatment Facility Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-388, June 29, 1998, 45 DCR 4625), and § 2(b) and (c) of the Correctional Treatment Facility Firearms Registration and Health Occupations Licensing Emergency Amendment Act of 1998 (D.C. Act 12-442, September 3, 1998, 45 DCR 6517).

Section 4 of D.C. Act 12-388 provided for the application of the act.

Temporary Legislation

Section 2(b) of D.C. Law 12-164 added “or any other privately-operated prison facility” in (a)(1); added “or to any other privately-operated prison facility” in (a)(2) and (a)(3); added “or the Federal Bureau of Prisons” in (a)(3) and (a)(4); and, substituted “operator” for “contractor” in (c).

Section 4(b) of D.C. Law 12-164 provided that the act shall expire after 225 days of its having taken effect.

§ 24–261.02a. Registration of firearms for private operator.

(a) In order to register firearms, the private operator shall follow the following procedures:

(1) To register for interim approval, the private operator shall provide the Chief of the Metropolitan Police Department (“Chief of Police”) with the serial numbers and storage places of firearms in the private operator’s possession in the District of Columbia. If the Chief of Police determines that the information provided is satisfactory, he or she shall issue interim approval to the private operator for the weapons identified and held in the private operator’s possession. The interim approval shall be valid for 90 days, during which time the private operator shall complete the actions necessary to register for permanent approval.

(2)(A) To register for permanent approval, the private operator shall provide the Chief of Police with the following information:

(i) The names and such other identifying information as the Chief of Police may require, of all private correctional officers who will be authorized by the private operator to carry and use firearms in the course of their assigned duties;

(ii) Records or other evidence acceptable to the Chief of Police to demonstrate that each private correctional officer authorized to carry and use firearms has received instructions about all applicable rules of the Department of Corrections or the Federal Bureau of Prisons regarding the use of force and deadly force in the course of his or her duties;

(iii) Records or other evidence acceptable to the Chief of Police to demonstrate that each private correctional officer authorized to carry and use firearms has successfully completed the training required by § 24-261.02(d); and

(iv) A sworn affidavit signed by each private correctional officer authorized to carry and use firearms attesting that he or she has read and understands all applicable rules of the Department of Corrections or the Federal Bureau of Prisons regarding the use of force and deadly force in the course of his or her duties.

(B) The Chief of Police, upon determining that the information submitted in accordance with this paragraph is satisfactory, shall issue permanent registration approval to the private operator for the firearms in the private operator’s possession in the District of Columbia.

(b) A private operator who is issued firearms registration approval pursuant to this section shall be subject to the duties and revocation provisions set forth in §§ 7-2502.08 and 7-2502.09, and other applicable rules and laws of the District of Columbia. A private operator shall notify the Chief of Police whenever any private correctional officer authorized to carry and use firearms leaves the private operator’s employment at a facility in the District or otherwise ceases to be authorized to carry and use firearms.

(c) Nothing in § 24-261.02 or this section shall be construed to allow any private correctional officer or any other person to remove any weapon registered to the private operator from the premises and grounds of the private operator’s facility except in the performance of assigned duties and in accordance with laws and rules of the District and federal governments.

§ 24–261.02b. Health professionals transferring from District government employment to employment by a private operator.

A health professional shall remain covered by § 3-1201.04 if the following criteria are met:

(1) The health professional is transferred from employment by the District government to employment by a private operator to perform essentially the same services as the person performed while employed by the District government and continues to perform such services for the duration of his or her employment by a private operator; and

(2) The health professional is covered by § 3-1201.04.

§ 24–261.03. Inmates confined to CTF.

(a) An inmate confined in the CTF shall be deemed to be at all times in the legal custody of the Department of Corrections. Only the Department of Corrections shall have authority to transfer or assign inmates into or out of the CTF. All laws and regulations governing conduct of inmates, including, without limitation, Title 22 of the District of Columbia Official Code, shall apply to inmates confined to the CTF during such time as the CTF is operated by a private operator. All laws and regulations establishing penalties for offenses committed against correctional officers or other correctional employees, including, without limitation, the penalties provided for in § 22-405, shall apply mutatis mutandis to offenses committed against any private correctional officer or other employee of the private operator.

(b) An inmate confined in any privately-operated prison facility established pursuant to Subtitle C of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-33; 111 Stat. 712), shall be deemed to be at all times in the legal custody of the Federal Bureau of Prisons. Only the Federal Bureau of Prisons shall have authority to transfer or assign inmates into or out of the privately-operated prison facility. All laws and regulations governing conduct of inmates in Federal Bureau of Prisons facilities shall apply to inmates confined in any privately-operated prison facility during such time as the prison facility is operated by a private operator. All laws and regulations establishing penalties for offenses committed against correctional officers or other correctional employees shall apply wherever applicable to offenses committed against any private correctional officer or other employee of the private operator.

(June 3, 1997, D.C. Law 11-276, § 4, 44 DCR 1416; May 28, 1999, D.C. Law 12-281, § 2(f), 45 DCR 7991.)

Prior Codifications

1981 Ed., § 24-495.3.

Emergency Legislation

For temporary amendment of section, see § 2(c) of the Correctional Treatment Facility Emergency Amendment Act of 1998 (D.C. Act 12-315, March 31, 1998, 45 DCR 2126), § 2(c) of the Correctional Treatment Facility Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-388, June 29, 1998, 45 DCR 4625), and § 2(f) of the Correctional Treatment Facility Firearms Registration and Health Occupations Licensing Emergency Amendment Act of 1998 (D.C. Act 12-442, September 3, 1998, 45 DCR 6517).

Temporary Legislation

Section 2(c) of D.C. Law 12-164 added (b).

Section 4 of D.C. Law 12-164 provided that the act shall expire after 225 days of its having taken effect.

§ 24–261.04. Immunity from liability; indemnification insurance.

(a) The private operator shall protect, defend, indemnify, save, and hold harmless the District, its officers, agents, servants, employees, and volunteers from and against any and all claims, demands, expenses, and liability arising out of or relating to acts or omissions of the private operator, its agents, servants, subcontractors, and employees in the performance of its contract with the District regardless of whether any damage resulting from the private operator’s act, omission, or default is caused in part by the District, and any and all costs, expenses, and attorneys fees incurred by the District as a result of any such claim, demand, or cause of action including, but not limited to, any and all claims arising from:

(1) Any breach or default on the part of the private operator in the performance of its duties and obligations under its contract with the District;

(2) Any services rendered by the private operator or by any person or firm performing or supplying services, materials, or supplies in connection with the performance of the private operator’s contract with the District;

(3) Any person or firm injured or damaged by the private operator, its officers, agents, servants, subcontractors, or employees by the publication, translation, reproduction, delivery, performance, use, or disposition of any data processed under its contract with the District in a manner not authorized by the contract, or by federal or District statutes or regulations; and

(4) Any failure of the private operator, its officers, agents, servants, subcontractors, or employees to observe federal or District laws, including, but not limited to, the Constitution of the United States.

(b) The private operator shall not waive, release, or otherwise forfeit any possible defense the District may have regarding claims arising from or made in connection with the operation of the CTF by the private operator without the consent of the District. The private operator shall preserve all available defenses and cooperate with the District to make such defenses available to the maximum extent allowed by law.

(c) The private operator shall provide an adequate policy of insurance to cover the indemnification provided for in this section, including coverage for civil rights claims. The adequacy of the insurance policy shall be determined by a risk management or actuarial firm with demonstrated experience in public liability for state and municipal governments. The insurance policy shall provide that the District is named as an additional insured and that the District shall be sent any notice of cancellation or material alteration.

§ 24–261.05. Exemptions from leasing and property laws.

(a) Notwithstanding § 1-301.110a, and § 10-801, the Mayor of the District of Columbia is authorized to sell and leaseback, in his discretion, for the best interests of the District of Columbia, the Correctional Treatment Facility, situated on Lot 800 of Square 1112, with a street address of 1901 E Street, S.E.

(b) Notwithstanding § 10-111, the Council of the District of Columbia approves the transfer from the United States government to the District of Columbia of jurisdiction over that portion of Lot 800 of Square 1112 upon which is situated the District of Columbia Correctional Treatment Facility, as shown on a plat to be drawn and filed in the Office of the Surveyor of the District of Columbia.

Subchapter VII-A. Fair Phone Charges for Prisoners.

§ 24–263.01. Telephone charges in penal or correctional institutions.

(a) Notwithstanding any other District law, no telephone service provider shall charge a customer a rate for operator-assisted calls made from a penal or correctional institution in the District in excess of the maximum rate determined by the Public Service Commission of the District.

(b) No penal or correctional institution in the District shall charge a surcharge, commission, or other financial imposition that is in addition to legally established rates for local or long-distance telephone service.

§ 24–263.02. Prohibited charges in government contracts.

In any contract to which the District is a party that is for the holding or incarceration of persons charged or convicted in the Superior Court of the District of Columbia, the contract shall prohibit surcharges, commissions, or other financial impositions that are in addition to the legally established rates for calls made by any incarcerated resident subject to the contract. The District government shall seek to obtain quality service for the least cost to the individual party paying for the telephone call by an incarcerated resident subject to the contract.

§ 24–263.03. Department of Corrections report.

(a) The Department of Corrections (“Department”) shall survey the communications plans used by the Federal Bureau of Prisons, and all state prison systems. The Department shall explore additional alternative communication plans with telecommunications companies. The explored alternatives shall include prison commissary phone accounts, restricted calling cards, presenting calling cards, and debit calling cards.

(b) No later than 180 days after April 27, 2001, the Department shall report to the Council and the Mayor the results of the survey and the exploration of alternatives. The report shall include the merits and disadvantages of each communication plan examined, including consideration of the security needs of the Department, the financial burden to the families and other individuals telephoned, the availability of telecommunications to the incarcerated residents, the feasibility of waiving the gross receipts tax, and other incentives to control the cost of incarcerated resident phone service. The report shall include a recommendation for an incarcerated resident telephone service.

§ 24–263.04. Operator-assisted calls.

The Public Service Commission shall determine the maximum rate for operator-assisted calls made from phones utilized by incarcerated residents of a penal or correctional institution in the District.

Subchapter VIII. Correctional Industries Fund. [Repealed].

§ 24–271. Establishment of Fund [Repealed]

Repealed.

§ 24–272. Availability of fund for rehabilitation of convicts [Repealed]

Repealed.

§ 24–273. Sale of products and services, deposit of receipts, use [Repealed]

Repealed.

§ 24–274. Annual report, disposition of funds [Repealed]

Repealed.

§ 24–275. Transfer of assets [Repealed]

Repealed.

Subchapter VIII-A. Limitations on the Use of Restraints on Certain Confined Women [Persons].

§ 24–276.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Administrator” means the warden of the penal institution, the director of a facility under the control of the Department of Corrections, or any designees thereof, including medical and correctional staff.

(2) “Confined” means housed, detained, or serving a sentence in a penal institution or other facility under the control of the Department of Corrections.

(3) “Labor” means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix and shall include any medical condition in which a pregnant person is sent or brought to a medical facility for the purpose of delivering the pregnant person's baby.

(4) “Medical facility” shall include a hospital, birthing center, or clinic.

(5) “Penal institution” shall have the same meaning as provided in § 22-2603.01(6).

(6) “Postpartum recovery” means a period of recovery following childbirth or miscarriage or termination of a pregnancy as determined by a physician to be medically necessary for healing.

(7) “Restraints” means any device used to control or bind the movement of a person’s body or limbs.

§ 24–276.02. Use of restraints by places of confinement.

(a) In any instance that restraints are used on a confined person who is known to be pregnant, the restraints used must be the least restrictive available and the most reasonable under the circumstances.

(b) In any instance that the restraints used on a confined person who is known to be pregnant require restraints more restrictive than the least restrictive available, the use of such restraints shall be subject to the reporting requirements of § 24-276.03.

(c) Except as provided in subsection (d) of this section, no confined person who is in the third trimester of pregnancy or in postpartum recovery shall be put in restraints at any time, including during transport to a medical facility or while receiving treatment at a medical facility.

(d)(1) The Administrator may authorize the use of restraints on a confined person in the third trimester of pregnancy or in postpartum recovery after making an individualized determination, at the time that the use of restraints is considered, that extraordinary circumstances apply and restraints are necessary to prevent the confined person from injuring themselves or others, including medical or correctional personnel.

(2) Notwithstanding the authorization by the Administrator under paragraph (1) of this subsection, if the doctor, nurse, or other health professional treating the confined person determines that the removal of the restraints is medically necessary to protect the health or safety of the confined person, or the baby, the restraints shall be removed immediately.

(e) The Administrator shall not authorize the use of restraints on a confined person who is in labor.

§ 24–276.03. Reporting requirements.

(a)(1) Within 10 days after the Administrator authorizes the use of restraints pursuant to § 24-276.02(b), § 24-276.02(c), or § 24-276.02(d), the Administrator shall submit a written statement to the Director of the Department of Corrections in the case of confined [persons] explaining the extraordinary circumstances and the reasons the use of restraints were necessary.

(2) The written statement must not include personal identifying information of the confined person on whom restraints were used.

(b) Beginning January 1, 2016, and on an annual basis thereafter, the Department of Corrections shall provide the following information to the Council:

(1) The number of pregnant persons in the custody of the Department of Corrections during the reporting period;

(2) The number of pregnant persons on whom restraints that were not the least restrictive means necessary were used;

(3) The number of times restraints were used on each pregnant person;

(4) For each use of restraints on a pregnant person, the duration of time that restraints were used; and

(5) For each use of restraints on a pregnant person, whether restraints were used because of:

(A) Risk of flight;

(B) Risk of injury to the pregnant person; or

§ 24–276.04. Notice requirements.

The Administrator shall provide notice of the requirements of this subchapter to:

(1) The relevant staff at the place of confinement, including:

(A) All medical staff;

(B) Staff and contractors who are involved in the transport of confined persons of child-bearing age; and

(2) All persons who are in their third trimester of pregnancy at the time the place of confinement takes custody of the person.

Subchapter IX. Inmate Welfare Fund.

§ 24–281. Definitions.

For the purposes of this subchapter, the term:

(1) “Commissary” means a system through which residents in District correctional facilities are able to purchase permitted commodities.

(2) “Committee” means the Resident Welfare Fund Committee established by section 3005 [§ 24-284].

(3) “Correctional facility” means any building, or group of buildings, and concomitant services, operated as a single management unit by, or under contract with, the Department of Corrections for the purpose of housing and providing services to persons ordered confined pending trial or upon conviction and sentencing for a violation of law.

(4) “Department” means the Department of Corrections.

(5) “Director” means the Director of the Department of Corrections.

(6) “Fund” means the Resident Welfare Fund established by § 24-282.

(Mar. 2, 2007, D.C. Law 16-192, § 3002, 53 DCR 6899; Apr. 21, 2023, D.C. Law 24-344, § 21(b), 70 DCR 635.)

Emergency Legislation

For temporary (90 day) addition, see § 3002 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) addition, see § 3002 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) addition, see § 3002 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

Short Title

Short title: Section 3001 of D.C. Law 16-192 provided that subtitle A of title III of the act may be cited as the “Inmate Welfare Fund Establishment Act of 2006”.

§ 24–282. Establishment of Resident Welfare Fund; audit; report.

(a) There is established a nonlapsing fund to be known as the Resident Welfare Fund and to be used for the purposes set forth in § 24-283.

(b) The Fund shall consist of:

(1) An initial appropriation in fiscal year 2007; and

(2) Monies derived from the sale of goods through the commissary at correctional facilities.

(c) Except as provided in § 24-283(2), funds deposited into the Fund shall not be transferred or revert to the fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in § 24-283, subject to authorization by Congress.

(d) The Fund shall comply with all financial and procurement statutes, rules, regulations, standards, and systems promulgated by the District of Columbia government.

(e) The Fund shall be subject to annual audits scheduled by the Office of the Chief Financial Officer, which shall be submitted to the Council no later than February 1 of each year. The scope of the audit shall include an examination of the Department’s use of Fund profits, including stocking the commissaries, low-bond releases, providing resident clothing upon release, and funding transportation costs for residents after release. The audit reports shall be submitted to the Council and the Mayor.

(Mar. 2, 2007, D.C. Law 16-192, § 3003, 53 DCR 6899; Apr. 21, 2023, D.C. Law 24-344, § 21(c), 70 DCR 635.)

Section References

This section is referenced in § 24-281.

Emergency Legislation

For temporary (90 day) addition, see § 3003 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) addition, see § 3003 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) addition, see § 3003 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

§ 24–283. Uses of Resident Welfare Fund.

The Fund shall be used for the following purposes, in order of priority:

(1) To stock the commissaries of District correctional facilities;

(2) To repay the initial appropriation used to finance the Fund; and

(3) To provide goods and services that benefit the general resident population at District correctional facilities, as determined by the Resident Welfare Fund Committee established in § 24-284.

(Mar. 2, 2007, D.C. Law 16-192, § 3004, 53 DCR 6899; Apr. 21, 2023, D.C. Law 24-344, § 21(d), 70 DCR 635.)

Section References

This section is referenced in § 24-282.

Emergency Legislation

For temporary (90 day) addition, see § 3004 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) addition, see § 3004 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) addition, see § 3004 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

§ 24–284. Resident Welfare Fund Committee.

(a) The Resident Welfare Fund Committee is established for the purpose of administering and supervising the operations of and the expenditures from the Resident Welfare Fund.

(b) The Committee shall be composed of the following 5 members:

(1) The Director of the Department of Corrections, or the Director's designee;

(2) The General Counsel of the Department of Corrections, or the General Counsel's designee;

(3) The Warden of the Central Detention Facility, or the Warden's designee;

(4) The Manager of the Office of Internal Controls, Compliance, and Accreditation of the Department of Corrections, or the Manager's designee; and

(5) The Director of the Office of Management Information and Technological Services of the Department of Corrections, or the Director's designee.

(d) The Committee may promulgate regulations governing the use and expenditures of the Fund.

(Mar. 2, 2007, D.C. Law 16-192, § 3005, 53 DCR 6899; Apr. 21, 2023, D.C. Law 24-344, § 21(e), 70 DCR 635.)

Section References

This section is referenced in § 24-281 and § 24-283.

Emergency Legislation

For temporary (90 day) addition, see § 3005 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) addition, see § 3005 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) addition, see § 3005 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).