D.C. Law 24-344. Corrections Oversight Improvement Omnibus Amendment Act of 2022.
AN ACT
To amend An Act To classify the officers and members of the fire department of the District of Columbia, and for other purposes to allow the Fire and Emergency Medical Services Department to amend its own rules and regulations; to amend the Neighborhood Engagement Achieves Results Amendment Act of 2016 to provide that appointments for the position of Executive Director shall be subject to Council review; to amend Title 16 of the District of Columbia Official Code to require the Superior Court to designate and appoint a panel of special education attorneys to represent indigent emerging adult defendants with disabilities in criminal proceedings, and to clarify that Chapter 55 of Title 16 of the District of Columbia Official Code shall not apply to any claim brought by the District government; to amend the Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001 to expand the Criminal Justice Coordinating Council's membership and require the Criminal Justice Coordinating Council to submit reports to the Mayor and the Council to determine what factors, programs, or interventions effectively prevent District youth from entering the juvenile and criminal justice system and to analyze the types of school-based incidents that lead to law enforcement referrals or arrests; to amend the National Capital Revitalization and Self-Government Improvement Act of 1997 to strengthen the powers, duties, and responsibilities of the Corrections Information Council and its Executive Director; to amend the District of Columbia Jail Improvement Amendment Act of 2003 to use person-centered language; to amend An Act To create a Department of Corrections in the District of Columbia to strengthen monitoring of and access to Department of Corrections facilities, surveillance footage, and body-worn camera footage for oversight bodies, to permit unannounced inspections of Department of Corrections facilities by oversight bodies, to enhance reporting and notification requirements regarding conditions of confinement and deaths in Department of Corrections facilities, and to use person-centered language; to amend the Department of Corrections Employee Mandatory Drug and Alcohol Testing Act of 1996 to use person-centered language; to repeal section 3002 of the Fiscal Year 2003 Budget Support Act of 2002; to amend the Department of Corrections Inmate and Returning Citizen Assistance Act of 2016 to use person-centered language and make technical changes; to amend the District of Columbia Good Time Credits Act of 1986 to use person-centered language and make technical changes; to repeal the Prison Industries Act of 1996; to amend the Resocialization Furlough Act of 1976 to use person-centered language and make technical changes; to amend the Fair Phone Charges for Prisoners Act of 2000 to use person-centered language and make technical changes; to amend the Limitations on the Use of Restraints Amendment Act of 2014 to use gender-neutral and person-centered language; to amend the Inmate Welfare Fund Establishment Act of 2006 to use person-centered language and make technical changes; to amend An Act To establish a Board of Indeterminate Sentence and Parole for the District of Columbia and to determine its functions, and for other purposes to create parity for persons convicted of District of Columbia Official Code offenses to earn time credits otherwise available to federally incarcerated persons under the First Step Act; to amend the Clemency Board Establishment Act of 2018 to require a returning citizen member on the Clemency Board and make a minor change; to amend the Delivery of Health Care to Inmates Act of 2010 to use person-centered language; and to amend the Expanding Supports for Crime Victims Amendment Act of 2022 to provide that appointments for the position of Executive Director shall be subject to Council review.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Corrections Oversight Improvement Omnibus Amendment Act of 2022".
Sec. 2. Section 2(a) of An Act To classify the officers and members of the fire department of the District of Columbia, and for other purposes, approved June 20, 1906 (34 Stat. 314; D.C. Official Code § 5-402(a)), is amended by striking the phrase "District of Columbia, according to such rules and regulations as the Council of the District of Columbia, in its exclusive jurisdiction and judgment (except as herein otherwise provided), may from time to time make, alter, or amend; provided, that the rules and regulations of the Fire Department heretofore promulgated are hereby ratified (except as herein otherwise provided) and shall remain in force until changed by said Council;" and inserting the phrase "District of Columbia;" in its place.
Sec. 3. Section 101(c) of the Neighborhood Engagement Achieves Results Amendment Act of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2411(c)), is amended to read as follows:
"(c)(1) The ONSE shall be headed by an Executive Director who shall report to the Deputy Mayor for Public Safety and Justice.
"(2) The Executive Director shall:
"(A) Have at least 3 years of relevant experience in criminal justice and public health-based approaches to violence, including matters affecting the deterrence of violent criminal behavior;
"(B) Be appointed by the Mayor with the advice and consent of the Council, pursuant to
"(C) Serve at the pleasure of the Mayor.".
Sec. 4. Chapter 7 of Title 16 of the District of Columbia Official Code is amended as follows:
(a) The table of contents is amended by adding a new section designation to read as follows:
"Sec. 16-714. Special education attorneys for emerging adult defendants panel.
(b) A new section 16-714 is added to read as follows:
"Sec. 16-714. Special education attorneys for emerging adult defendants panel.
"(a) By October 1, 2023, the Criminal Division of the Superior Court ("Court") shall designate and appoint, according to rules it establishes, a panel of special education attorneys to represent indigent emerging adult defendants with disabilities in criminal proceedings.
"(b) An attorney appointed from the panel established pursuant to subsection (a) of this section shall represent the educational and disability rights and needs of the emerging adult defendant with a disability.
"(c) The Court shall:
"(1) Maintain a register of attorneys who have expressed an interest in being appointed to serve as special education attorneys pursuant to this section;
"(2) Endeavor to make panel appointments from the register established in paragraph (1) of this subsection; and
"(3) Only appoint attorneys to the panel after careful consideration of the qualifications of each attorney.
"(d) For the purpose of funding the costs associated with this section, beginning in Fiscal Year 2023, and annually thereafter, the Office of Victim Services and Justice Grants shall issue a grant to a legal services and advocacy organization serving older students with special education needs who are involved in the District's juvenile and criminal legal systems.
"(e)(1) The availability of special education attorneys for emerging adult defendants with disabilities pursuant to this section shall be contingent upon the availability of funds.
"(2) Beginning in Fiscal Year 2023, the Office of Victim Services and Justice Grants shall issue an annual grant, in the amount of $300,000, to provide special education legal representation to emerging adult defendants with disabilities by a legal services and advocacy organization serving older students with special education needs who are involved in the District's justice system.
"(f) For the purposes of this section, the term "emerging adult defendant with a disability" means a criminal defendant under 23 years of age, or the parent, as that term is defined in 20 U.S.C. § 1401(23), of a criminal defendant under 18 years of age who is:
"(1) Charged as an adult; and
"(2) Qualifies as a child with a disability, as that term is defined in 20 U.S.C. § 1401(3).".
Sec. 5. Section 16-5505 of the District of Columbia Official Code is amended to read as follows:
"Sec. 16-5505. Exemptions.
"(a) This chapter shall not apply to:
"(1) Any claim for relief brought against a person primarily engaged in the business of selling or leasing goods or services, if the statement or conduct from which the claim arises is:
"(A) A representation of fact made for the purpose of promoting, securing, or completing sales or leases of, or commercial transactions in, the person's goods or services; and
"(B) The intended audience is an actual or potential buyer or customer; and
"(2) Any claim brought by the District government, including District public charter schools.
"(b) Subsection (a)(2) of this section shall apply:
"(1) As of March 31, 2011; and
"(2) To any claims pending as of the effective date of the Anti-SLAPP Emergency Amendment Act of 2021, effective November 8, 2021 (D.C. Act 24-208; 68 DCR 12193).".
Sec. 6. The Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 22-4231 et seq.), is amended as follows:
(a) Section 1504(a) (D.C. Official Code § 22-4233(a)) is amended as follows:
(1) Paragraph (18) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(2) Paragraph (19) is amended to read as follows:
"(19) Executive Director, Office of Victim Services and Justice Grants;".
(3) New paragraphs (20) and (21) are added to read as follows:
"(20) Executive Director, Office of Neighborhood Safety and Engagement; and
"(21) Director, Office of Gun Violence Prevention.".
(b) Section 1505 (D.C. Official Code § 22-4234) is amended as follows:
(1) Subsection (b-2) is amended by striking the phrase "and every 2 years thereafter, the CJCC" and inserting the phrase "the CJCC" in its place.
(2) Subsection (b-3) is amended to read as follows:
"(b-3)(1) By October 1, 2020, the CJCC shall submit a report to the Mayor and the Council containing an analysis of the root causes of youth crime and the prevalence of adverse childhood experiences among justice-involved youth, such as housing instability, childhood abuse, family instability, substance abuse, mental illness, family criminal involvement, or other factors considered relevant by the CJCC that incorporates the results of the survey conducted pursuant to subsection (b-2) of this section.
"(2) By October 1, 2022, the CJCC shall submit a report to the Mayor and the Council that analyzes protective factors that reduce the risk of District youth entering the juvenile and criminal justice systems and includes recommendations, informed by best practices in other jurisdictions, the results of the survey conducted pursuant to subsection (b-2) of this section, and the report submitted pursuant to paragraph (1) of this subsection, on factors, programs, or interventions that effectively prevent District youth from entering the juvenile and criminal justice systems, such as access to stable housing, nutrition assistance, healthcare, violence intervention, early intervention, and educational, recreational, and youth programming.
"(3) By October 1, 2024, the CJCC shall submit a report to the Mayor and the Council that analyzes the types of school-based incidents that lead to law enforcement referral or arrest, and whether factors such as economic resources, race, Individualized Education Program eligibility, mental health conditions, school location, and school resource officer assignment statistically affect the likelihood of enforcement referrals or arrests.".
Sec. 7. Section 11201a of the National Capital Revitalization and Self-Government Improvement Act of 1997, effective October 2, 2010 (D.C. Law 18-233; D.C. Official Code § 24-101.01), is amended to read as follows:
"Sec. 11201a. Corrections Information Council.
"(a) There is established, as an independent agency of the District government, a Corrections Information Council ("CIC"), which shall be responsible for:
"(1) Inspecting all facilities housing detained and incarcerated District residents and individuals accused and convicted of District of Columbia Official Code ("D.C. Code") violations who are under the jurisdiction of the Bureau of Prisons, the Department of Corrections, a contractor of either agency, or another state or local prison or jail; and
"(2) Monitoring the conditions of confinement and treatment of detained and incarcerated District residents and individuals accused and convicted of D.C. Code violations in the facilities listed in paragraph (1) of this subsection.
"(b)(1) The CIC shall consist of a Board, an Executive Director, and subordinate personnel.
"(2)(A) The Board shall be composed of 5 members, 3 of whom shall be appointed by the Mayor, with the advice and consent of the Council, pursuant to
"(B) Of the members first appointed, the Mayor shall appoint one member for a one-year term. The other mayoral appointee and the Council appointee shall serve 2-year terms. Thereafter, members shall be appointed for terms of 2 years. A member may be reappointed. A person appointed to fill a vacancy on the Board occurring prior to the expiration of a term shall serve for the remainder of the term or until a successor has been appointed.
"(C) The Board shall select a chairperson from among the members.
"(D) All members shall:
"(i) Be District residents; except, that one of the Council appointments may be of a non-District resident; and
"(ii) Serve without compensation; except, that to serve without compensation shall not preclude providing reasonable expenses for Board official business, such as travel related to facility inspections.
"(3) The Executive Director shall:
"(A) Have at least 10 years' experience in corrections or criminal justice agency oversight, such as inspecting and monitoring conditions of confinement;
"(B) Be appointed by and report to the Board;
"(C) Serve for a term of 3 years, after which time the Executive Director may be reappointed; and
"(D) Only be removed from office by the Board for cause.
"(c) The Board shall meet at least quarterly to conduct official business. The presence of 2 members shall constitute a quorum necessary for the CIC to take official action, and the CIC may act by an affirmative vote of at least 2 members.
"(d) The duties of the Board shall include:
"(1) Reporting to the Director of the Bureau of Prisons, the Director of the Department of Corrections, and the Directors of other state and local prisons and jails with recommendations and information regarding matters affecting detained and incarcerated District residents and individuals accused and convicted of D.C. Code violations who are under the jurisdiction of the Bureau of Prisons, the Department of Corrections, a contractor of either agency, or another state or local prison or jail, respectively;
"(2) Working with the Executive Director to develop an annual inspection plan of, and inspecting, the facilities listed in subsection (a)(1) of this section;
"(3) Selecting and overseeing the performance of the Executive Director;
"(4) Approving the reports required in subsection (f) of this section; and
"(5) Reviewing the findings of the Executive Director concerning the conditions of confinement of detained and incarcerated District residents and individuals accused and convicted of D.C. Code violations in the facilities listed in subsection (a)(1) of this section, and making recommendations, where appropriate, to the leadership of those facilities, the Mayor, and the Council.
"(e) The duties of the Executive Director shall include:
"(1) Developing an annual inspection plan of, and inspecting, the facilities listed in subsection (a)(1) of this section, including halfway houses, the Central Detention Facility, the Correctional Treatment Facility, and the Central Cell Block;
"(2) Negotiating with the Director of the Bureau of Prisons to provide access to each facility housing District residents and individuals accused and convicted of D.C. Code violations for the purposes of:
"(A) Conducting inspections, unannounced, if possible, of all areas accessible to District residents and individuals accused and convicted of D.C. Code violations;
"(B) Conducting unmonitored interviews of District residents and individuals accused and convicted of D.C. Code violations; and
"(C) Interviewing selected staff at each facility;
"(3) Inspecting at least:
"(A) Three separate Bureau of Prisons facilities housing District residents and individuals accused and convicted of D.C. Code violations annually; and
"(B) Unannounced, each Department of Corrections facility quarterly, including the Central Cell Block;
"(4) Reviewing all deaths of detainees or residents in Department of Corrections facilities;
"(5) Reviewing complaints made to the CIC from detained and incarcerated District residents and individuals accused and convicted of D.C. Code violations in the facilities listed in subsection (a)(1) of this section;
"(6) Reviewing documents related to the conditions of confinement at each facility listed in subsection (a)(1) of this section, including resident files and records, grievances, incident reports, disciplinary reports, use of force reports, medical and psychological records, administrative and policy directives of the facility, and logs, records, and other data maintained by the facility;
"(7) Monitoring legislative and policy developments affecting correctional facilities in the United States and making recommendations to the Mayor and the Council on best practices;
"(8) Producing and transmitting the reports listed in subsection (f) of this section; and
"(9) Reporting the Executive Director's findings related to the duties pursuant this subsection to the Board.
"(f)(1) The CIC shall produce and transmit the following reports, at a minimum:
"(A) Publicly and to the Mayor, the Chairperson of the Council Committee with jurisdiction over the Department of Corrections, and the Director of the Department of Corrections, within 30 days after each death, a report on each death of a detainee or resident in a Department of Corrections facility;
"(B) Publicly and to the Director of the Bureau of Prisons, the Mayor, the Council, and the Director of the Department of Corrections:
"(i) Within 60 days after an inspection, a report on each inspection required in subsection (e)(3)(A) of this section, and within 180 days after the transmittal of each report, a follow-up addendum with subsequent actions taken or not taken by the facility;
"(ii) Within 60 days before the end of each fiscal year, a report on the conditions of confinement of and programming provided to District of Columbia youth offenders, as that term is defined in
"(iii) A review of the Bureau of Prisons' and Department of Corrections' implementation of recommendations issued by the CIC within the past 5 years; and
"(C) Publicly and to the Mayor, the Council, and the Director of the Department of Corrections:
"(i) Within 60 days after an inspection, a report on each inspection required in subsection (e)(3)(B) of this section, and within 180 days after the transmittal of each report, a follow-up addendum with subsequent actions taken or not taken by the facility; and
"(ii) Within 60 days before the end of each fiscal year, a report on:
"(I) The conditions of confinement of detained and incarcerated District residents and individuals accused and convicted of D.C. Code violations who are under the jurisdiction of the Department of Corrections, including physical and behavioral health care;
"(II) Contracting for and the provision of food services in Department of Corrections facilities;
"(III) The use of force by Department of Corrections personnel;
"(IV) The use of safe cells, segregation, disciplinary housing, and the removal of individuals from the general population in Department of Corrections facilities;
"(V) Career readiness and educational programming in Department of Corrections facilities; and
"(VI) The prevalence of contraband in Department of Corrections facilities and strategies for its reduction.
"(g) The Executive Director shall have:
"(1) Access to all books, accounts, records, reports, findings and all other papers, things, or property belonging to or in use by any department, agency, or other instrumentality of the District government necessary to facilitate the CIC's duties; and
"(2) The right to photograph and video and audio record all areas of the Department of Corrections' facilities.
"(h) The CIC is authorized to apply for and receive grants to fund its program activities in accordance with the laws and regulations relating to grant management.
"(i)(1) The Chief Financial Officer shall provide financial support services and oversight for the CIC.
"(2)(A) The Chief Procurement Officer shall provide contracting and procurement support services and oversight for the CIC.
"(B) The CIC is authorized to contract with qualified private organizations or individuals for services in accordance with
"(3) The CIC is authorized to appoint one employee to the Excepted Service established by
"(j) The Mayor shall provide the CIC with adequate office space that is separate and independent from the Department of Corrections.".
Sec. 8. Section 406(b) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-604.06(b)), is amended as follows:
(a) Paragraph (29) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(b) Paragraph (30) is amended by striking the period and inserting the phrase "; and" in its place.
(c) A new paragraph (31) is added to read as follows:
"(31) For the Executive Director of the Corrections Information Council, the personnel authority is the Board of the Corrections Information Council, and for all other employees of the Corrections Information Council, the personnel authority is the Executive Director of the Corrections Information Council.".
Sec. 9. Section 5 of the District of Columbia Jail Improvement Amendment Act of 2003, effective January 30, 2004 (D.C. Law 15-62; D.C. Official Code § 24-201.71), is amended as follows:
(a) Subsection (a) is amended by striking the phrase "inmates housed" and inserting the phrase "residents housed" in its place.
(b) Subsection (b) is amended by striking the word "inmates" both times it appears and inserting the phrase "residents" in its place.
(c) Subsection (c) is amended by striking the phrase "of inmates" and inserting the phrase "of residents" in its place.
Sec. 10. An Act To create a Department of Corrections in the District of Columbia, approved June 27, 1946 (60 Stat. 320; D.C. Official Code § 24-211.01 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 24-211.02) is amended to read as follows:
"Sec. 2. Powers and duties; rulemaking.
" The Department of Corrections shall:
"(1) Manage, operate, and regulate the Central Detention Facility, Correctional Treatment Facility, and Central Cell Block; except, that 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 Cell Block; or
"(C) Limiting any powers or authority of the Metropolitan Police Department or the Department of Corrections;
"(2) Be responsible for the care, custody, and rehabilitation of all residents in the facilities listed in paragraph (1) of this subsection, including those persons detained in a medical facility in the District by the Metropolitan Police Department before their initial court appearance;
"(3) With the approval of the Council, have the power to promulgate rules and regulations governing the facilities listed in paragraph (1) of this subsection and the residents in those facilities;
"(4) Provide unrestricted access to the facilities listed in paragraph (1) of this section and, within 24 hours after a request is made, any surveillance and body-worn camera footage to the Chairperson of the Council Committee with jurisdiction over the Department and members of the Corrections Information Council, or their staff, agents, or designees, for the purposes of conducting:
"(A) Oversight;
"(B) Unannounced inspections of all areas; and
"(C) Unmonitored interviews of residents and Department of Corrections staff, contractors, and volunteers;
"(5) Provide to the Chairperson of the Council Committee with jurisdiction over the Department and the Corrections Information Council, on a quarterly basis, all internal reports relating to:
"(A) Living conditions in the Central Detention Facility and Correctional Treatment Facility, including resident grievances;
"(B) The Crystal report;
"(C) The monthly report on the Priority One environmental problems and the time to repair;
"(D) The monthly report of the Environmental Safety Office;
"(E) The monthly report on temperature control and ventilation; and
"(F) The monthly report on the Department population that includes the number of people waiting transfer to the federal Bureau of Prisons and the average number of days residents waited for transfer;
"(6) Provide to the Chairperson of the Council Committee with jurisdiction over the Department and the Corrections Information Council unredacted copies of all draft new or revised Program Statements for comment by those entities prior to publication;
"(7)(A)(i) Within 24 hours after the death of a resident in a Department facility, provide written notification of the death to the Deputy Mayor for Public Safety and Justice, the Chairperson of the Council Committee with jurisdiction over the Department, and the Corrections Information Council, and no sooner than 24 hours after notifying any next of kin for which the Department has contact information, but no later than 3 days after the death, provide written notification of the death on the Department's website, including:
"(I) The resident's name, gender, race, ethnicity, and age;
"(II) The date, time, and location of the death; and
"(III) A brief description of the circumstances surrounding the death;
"(ii) The Department shall maintain all written notifications provided in sub-subparagraph (i) of this subparagraph on its website for no less than 10 years after the residents' deaths; and
"(B) To the extent permitted by law:
"(i) Within 24 hours after material information about the resident's cause and manner of death are known to the Department, such as from the results of an autopsy, the Director of the Department shall revise and reissue the written notification in subparagraph (A)(i) of this paragraph; and
"(ii) If the resident's death is the subject of a Department or law enforcement or other investigation, the Director shall regularly update the Chairperson of the Council Committee with jurisdiction over the Department as to the status of the investigation, as well as its eventual conclusion;
"(8) Initiate and maintain regular visiting hours, including afternoons and evenings, at the Central Detention Facility for a minimum of 5 days per week, including Saturdays and Sundays;
"(9) Develop and implement a classification system and corresponding housing plan for residents;
"(10) Return to a resident, upon their release from the Central Detention Facility or Correctional Treatment Facility, any personal identification documents collected from them, including driver's licenses, birth certificates, and Social Security cards;
"(11) Cooperate 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 reports described in section 1505(b-3) of the Criminal Justice Coordinating Council for the District of Columbia Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 22-4234(b-3));
"(12) 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 release notifications to crime survivors; and
"(13) 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 section 8 and designing and implementing a plan to facilitate voting for each election in the Central Detention Facility and Correctional Treatment Facility.".
(b) Section 2a (D.C. Official Code § 24-211.02a) is amended as follows:
(1) The section heading is amended by striking the phrase "of inmates" and inserting the phrase "of residents" in its place.
(2) Subsection (a) is amended as follows:
(A) The lead-in language is amended by striking the word "inmates" and inserting the word "residents" in its place.
(B) Paragraph (1) is amended by striking the word "inmates" wherever it appears and inserting the word "residents" in its place.
(C) Paragraph (2) is amended to read as follows:
"(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.".
(D) Paragraph (3) is amended to read as follows:
"(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.".
(3) Subsection (b) is amended by striking the phrase "that inmates who have been ordered released by the court are returned to the Central Detention Facility" and inserting the phrase "that residents who have been ordered released by the court are returned to the Central Detention Facility or Correctional Treatment Facility" in its place.
(4) Subsection (c) is amended to read as follows:
"(c) For all residents released between 10 p.m. and 7 a.m., the Department of Corrections shall ensure, before release, that:
"(1)(A) The resident has a residence or other housing that they are able to access, and the resident has agreed, in writing, to access the residence or housing at the time of their release; or
"(B) A shelter is able and willing to receive the resident at the time of their release, and the resident has agreed, in writing, to access the shelter at the time of their release;
"(2) The resident is provided with the clothing that they wore upon intake or, if that clothing is not available, in poor condition, or otherwise unsuitable, other clothing provided by the Department of Corrections; provided, that the clothing is:
"(A) Appropriate for the weather;
"(B) Not a jumpsuit; and
"(C) Typical of street clothing;
"(3) Written verification is obtained from the Department of Corrections' healthcare provider that, upon release, the resident has at least a 7-day supply of all prescription medications that the resident is to continue taking upon release from custody and that the resident has received release counseling, if medically recommended, from the healthcare provider within the preceding 7 days;
"(4) If the resident has been sentenced, they have been provided, within the 7 days before their release, release counseling on access to benefits and services available in the District to facilitate reentry;
"(5) The resident has transportation immediately available upon their release to transport them to the housing identified in paragraph (1) of this subsection by:
"(A) A member of the Department of Corrections' transportation unit;
"(B) A vehicle for hire or public transportation, at the Department of Corrections' expense; or
"(C) A friend or family member;
"(6) The resident has been provided with the option of remaining within a Department of Corrections facility until release at 7 a.m. If a resident chooses to do so, the Department of Corrections must obtain a written waiver from them stating that they have knowingly, intelligently, and voluntarily decided to remain in a Department of Corrections facility until 7:00 a.m.; and
"(7) The warden has certified, in writing, that the requirements of this subsection have been met.".
(5) Subsection (d) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase "each inmate's release from the Central Detention Facility" and inserting the phrase "each resident's release" in its place.
(B) Paragraph (2) is amended to read as follows:
"(2) The Department of Corrections shall provide to the Council, on a quarterly basis, a list of all residents who have been released in violation of this section. The list shall include the following information for each resident released:
"(A) The custody status of the resident before release (e.g., pre-trial detention or sentenced misdemeanant);
"(B) The reason for the resident's release (e.g., completion of sentence or court order);
"(C) The date and time the Department of Corrections received the release order from the court or other authority; and
"(D) The date and time of the release.".
(6) Subsection (e)(1) is amended to read as follows:
"(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.".
Sec. 11. The Department of Corrections Employee Mandatory Drug and Alcohol Testing Act of 1996, effective September 20, 1996 (D.C. Law 11-158; D.C. Official Code § 24-211.21 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 24-211.21) is amended as follows:
(1) Paragraph (3) is amended by striking the phrase "District of Columbia Department of Corrections" and inserting the phrase "Department of Corrections" in its place.
(2) Paragraph (4) is amended by striking the phrase "District of Columbia Department of Corrections" and inserting the phrase "Department of Corrections" in its place.
(3) Paragraph (5) is amended by striking the phrase "inmate care" and inserting the phrase "resident care" in its place.
(4) Paragraph (9) is amended by striking the phrase "his or her job" and inserting the phrase "the employee's job" in its place.
(b) Section 4 (D.C. Official Code § 24-211.23) is amended as follows:
(1) Subsection (c) is amended by striking the phrase "his or her" both times it appears and inserting the phrase "the employee's" in its place.
(2) Subsection (e) is amended by striking the phrase "his or her consent" and inserting the phrase "the employee's consent" in its place.
Sec. 12. Section 3002 of the Fiscal Year 2003 Budget Support Act of 2002, effective October 1, 2002 (D.C. Law 14-190; D.C. Official Code § 24-211.61), is repealed.
Sec. 13. The Department of Corrections Inmate and Returning Citizen Assistance Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 24-211.71), is amended as follows:
(a) The section heading is amended by striking the phrase "inmate and returning" and inserting the phrase "resident and returning" in its place.
(b) Subsection (a) is amended by striking the phrase "Office of Justice Grants Administration" and inserting the phrase "Office of Victim Services and Justice Grants" in its place.
Sec. 14. The District of Columbia Good Time Credits Act of 1986, effective April 11, 1987 (D.C. Law 6-218; D.C. Official Code § 24-221.01 et seq.), is amended as follows:
(a) Section 3a(a) (D.C. Official Code § 24-221.01a(a)) is amended by striking the phrase "a prisoner" and inserting the phrase "a person" in its place.
(b) Section 3b (D.C. Official Code § 24-221.01b) is amended by striking the phrase "any inmate" and inserting the phrase "any person" in its place.
(c) Section 4(b) (D.C. Official Code § 24-221.02(b)) is amended by striking the word "inmate" wherever it appears and inserting the word "person" in its place.
(d) Section 7 (D.C. Official Code § 24-221.05) is amended to read as follows:
"Sec. 7. 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.".
Sec. 15. The Prison Industries Act of 1996, effective May 8, 1996 (D.C. Law 11-117; D.C. Official Code § 24-231.01 et seq.), is repealed.
Sec. 16. Section 4(e) of the District of Columbia Workers' Compensation Act of 1979, effective July 1, 1980 (D.C. Law 3-77; D.C. Official Code § 32-1503(e)), is repealed.
Sec. 17. Section 1(2)(E) of the District of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 946; D.C. Official Code § 51-101(2)(E)), is amended as follows:
(a) Sub-subparagraph (xvii) is amended by striking the semicolon and inserting the phrase "; or" in its place.
(b) Sub-subparagraph (xviii) is repealed.
Sec. 18. The Resocialization Furlough Act of 1976, effective April 23, 1977 (D.C. Law 1-130; D.C. Official Code § 24-251.01 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 24-251.01) is amended to read as follows:
"Sec. 2. Definitions.
" For the purposes of
"(1) "Committee" means an institutional review committee established pursuant to
"(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
"(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;
"(C) In the case of a resident who has been sentenced to serve an indefinite period, has served for 12 months; or
"(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.".
(b) Section 3 (D.C. Official Code § 24-251.02) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Strike the phrase "The Mayor of the District of Columbia, or his designated agent, may" and insert the phrase "The Director may" in its place.
(B) Strike the phrase "his sentence" and insert the phrase "the resident's sentence" in its place.
(2) Subsection (b) is amended as follows:
(A) Paragraph (2) is amended by striking the phrase "he will" and inserting the phrase "the resident will" in its place.
(B) Paragraph (4) is amended by striking the phrase "his release" and inserting the phrase "the resident's release" in its place.
(c) Section 4 (D.C. Official Code § 24-251.03) is amended as follows:
(1) The lead-in language of subsection (a) is amended by striking the phrase "The Mayor, or his designated agent," and inserting the phrase "The Director" in its place.
(2) Subsection (b) is amended by striking the phrase "The Mayor, or his designated agent," and inserting the phrase "The Director" in its place.
(3) The lead-in language of subsection (c) is amended by striking the phrase "The Mayor, or his designated agent, may grant a furlough to an eligible resident for longer than 12 hours, but for no longer than 72 hours, where he" and inserting the phrase "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" in its place.
(d) Section 5 (D.C. Official Code § 24-251.04) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "he shall prepare a memorandum recommending the granting of the furlough. Such memorandum shall be reviewed by the appropriate supervisory personnel and finally by the Mayor, or his designated agent. Each such memorandum shall contain the name of the resident concerned, his Department number, the crime for which he was sentenced" and inserting the phrase "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" in its place.
(2) Subsection (b) is amended by striking the word "his" wherever it appears and inserting the phrase "the resident's" in its place.
(3) Subsection (c) is amended to read as follows:
"(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.".
(e) Section 6(c)(2) (D.C. Official Code § 24-251.05(c)(2)) is amended by striking the phrase "his earliest" and inserting the phrase "the resident's earliest" in its place.
(f) Section 7 (D.C. Official Code § 24-251.06) is amended by striking the phrase "the Director, or his designee" and inserting the phrase "the Director" in its place.
(g) Section 8 (D.C. Official Code § 24-251.07) is amended as follows:
(1) Strike the phrase "Committee on Public Safety" and insert the phrase "Committee with jurisdiction over the Department" in its place.
(2) Strike the phrase "his furlough" and insert the phrase "the resident's furlough" in its place.
Sec. 19. The Fair Phone Charges for Prisoners Act of 2000, effective April 7, 2001 (D.C. Law 13-280; D.C. Official Code 24-263.01 et seq.), is amended as follows:
(a) The short title is amended by striking the phrase "for Prisoners" and inserting the phrase "for Incarcerated Residents" in its place.
(b) Section 2 (D.C. Official Code § 24-263.01) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "District of Columbia" wherever it appears and inserting the word "District" in its place.
(2) Subsection (b) is amended by striking the phrase "District of Columbia shall" and inserting the phrase "District shall" in its place.
(c) Section 3 (D.C. Official Code § 24-263.02) is amended to read as follows:
"Sec. 3. 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.".
(d) Section 4(b) (D.C. Official Code § 24-263.03(b)) is amended by striking the phrase "the inmates, the feasibility of waiving the gross receipts tax, and other incentives to control the cost of inmate phone service. The report shall include a recommendation for an inmate telephone service" and inserting the phrase "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" in its place.
(e) Section 5 (D.C. Official Code § 24-263.04) is amended by striking the phrase "inmates of a penal or correctional institution in the District of Columbia" and inserting the phrase "incarcerated residents of a penal or correctional institution in the District" in its place.
Sec. 20. The Limitations on the Use of Restraints Amendment Act of 2014, effective July 25, 2015 (D.C. Law 20-280; D.C. Official Code § 24-276.01 et seq.), is amended as follows:
(a) Section 201(3) (D.C. Official Code § 24-276.01(3)) is amended by striking the phrase "a woman is sent or brought to a medical facility for the purpose of delivering her baby" and inserting the phrase "a pregnant person is sent or brought to a medical facility for the purpose of delivering the pregnant person's baby" in its place.
(b) Section 202 (D.C. Official Code § 24-276.02) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "confined woman" and inserting the phrase "confined person" in its place.
(2) Subsection (b) is amended by striking the phrase "confined woman" and inserting the phrase "confined person" in its place.
(3) Subsection (c) is amended by striking the phrase "confined woman" and inserting the phrase "confined person" in its place.
(4) Subsection (d) is amended to read as follows:
"(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.".
(5) Subsection (e) is amended by striking the phrase "confined woman" and inserting the phrase "confined person" in its place.
(c) Section 203 (D.C. Official Code § 24-276.03) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase "confined woman" and inserting the phrase "confined person" in its place.
(B) Paragraph (2) is amended by striking the phrase "confined woman" and inserting the phrase "confined person" in its place.
(2) Subsection (b) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase "pregnant women" and inserting the phrase "pregnant persons" in its place.
(B) Paragraph (2) is amended by striking the phrase "pregnant women" and inserting the phrase "pregnant persons" in its place.
(C) Paragraph (3) is amended by striking the phrase "pregnant woman" and inserting the phrase "pregnant person" in its place.
(D) Paragraph (4) is amended by striking the phrase "pregnant woman" and inserting the phrase "pregnant person" in its place.
(E) Paragraph (5) is amended as follows:
(i) The lead-in language is amended by striking the phrase "pregnant woman" and inserting the phrase "pregnant person" in its place.
(ii) Subparagraph (B) is amended by striking the phrase "pregnant woman" and inserting the phrase "pregnant person" in its place.
(d) Section 204 (D.C. Official Code § 24-276.04) is amended as follows:
(1) Paragraph (1)(B) is amended by striking the phrase "confined women" and inserting the phrase "confined persons" in its place.
(2) Paragraph (2) is amended by striking the phrase "All women" and inserting the phrase "All persons" in its place.
Sec. 21. The Inmate Welfare Fund Establishment Act of 2006, effective March 2, 2007 (D.C. Law 16-192; D.C. Official Code § 24-281 et seq.), is amended as follows:
(a) Section 3001 (short title) is amended by striking the phrase "Inmate Welfare" and inserting the phrase "Resident Welfare" in its place.
(b) Section 3002 (D.C. Official Code § 24-281) is amended as follows:
(1) Paragraph (1) is amended by striking the phrase "inmates in" and inserting the phrase "residents in" in its place.
(2) Paragraph (2) is amended by striking the phrase "Inmate Welfare" and inserting the phrase "Resident Welfare" in its place.
(3) Paragraph (6) is amended by striking the phrase "Inmate Welfare" and inserting the phrase "Resident Welfare" in its place.
(c) Section 3003 (D.C. Official Code § 24-282) is amended as follows:
(1) The section heading is amended by striking the phrase "Inmate Welfare" and inserting the phrase "Resident Welfare" in its place.
(2) Subsection (a) is amended by striking the phrase "Inmate Welfare" and inserting the phrase "Resident Welfare" in its place.
(3) Subsection (e) is amended as follows:
(A) Strike the phrase "providing inmate" and insert the phrase "providing resident" in its place.
(B) Strike the phrase "for inmates" and insert the phrase "for residents" in its place.
(d) Section 3004 (D.C. Official Code § 24-283) is amended as follows:
(1) The section heading is amended by striking the phrase "Inmate Welfare" and inserting the phrase "Resident Welfare" in its place.
(2) Paragraph (3) is amended by striking "inmate population at District correctional facilities, as determined by the Inmate Welfare" and inserting the phrase "resident population at District correctional facilities, as determined by the Resident Welfare" in its place.
(e) Section 3005 (D.C. Official Code § 24-284) is amended as follows:
(1) The section heading is amended by striking the phrase "Inmate Welfare" and inserting the phrase "Resident Welfare" in its place.
(2) Subsection (a) is amended by striking the phrase "Inmate Welfare" both times it appears and inserting the phrase "Resident Welfare" in its place.
(3) Subsection (b) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase "his or her" and inserting the phrase "the Director's" in its place.
(B) Paragraph (2) is amended by striking the phrase "his or her" and inserting the phrase "the General Counsel's" in its place.
(C) Paragraph (3) is amended by striking the phrase "his or her" and inserting the phrase "the Warden's" in its place.
(D) Paragraph (4) is amended by striking the phrase "his or her" and inserting the phrase "the Manager's" in its place.
(E) Paragraph (5) is amended by striking the phrase "his or her" and inserting the phrase "the Director's" in its place.
Sec. 22. An Act To establish a Board of Indeterminate Sentence and Parole for the District of Columbia and to determine its functions, and for other purposes, approved July 15, 1932 (47 Stat. 696; D.C. Official Code § 24-403 et seq.), is amended by adding a new section 3a-2 to read as follows:
"Sec. 3a-2. First Step Act parity in earned time credits.
"(a) Any person who has been convicted of a felony offense under District law and successfully completes evidence-based recidivism reduction programming or productive activities, except for those persons determined to be ineligible by the Department of Corrections or Bureau of Prisons because of their conviction for a District offense analogous to an ineligible federal offense, shall earn time credits as follows:
"(1) A person shall earn 10 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities, as defined in 18 U.S.C. § 3635, while in the custody of the Department of Corrections or Bureau of Prisons; and
"(2) A person determined by the Department of Corrections or Bureau of Prisons to be at a minimum or low risk for recidivating, who, over 2 consecutive assessments, has not increased their risk of recidivism, shall earn an additional 5 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities.
"(b) Notwithstanding any other provision of law, time credits earned under this section shall be applied to a 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.
"(c) This section shall apply as of December 21, 2018.".
Sec. 23. The Clemency Board Establishment Act of 2018, effective December 13, 2018 (D.C. Law 22-197; D.C. Official Code § 24-481.01 et seq.), is amended as follows:
(a) Section 202(4) (D.C. Official Code § 24-481.02(4)) is repealed.
(b) Section 203 (D.C. Official Code § 24-481.03) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "District offenders" and inserting the phrase "individuals convicted of violating District laws or regulations" in its place.
(2) Subsection (b)(5) is amended by striking the phrase "outside organizations that the applicant has interacted with" and inserting the phrase "outside organizations with which the applicant has interacted" in its place.
(c) Section 204(a)(1) (D.C. Official Code § 24-481.04(a)(1)) is amended as follows:
(1) Subparagraph (A) is amended by striking the phrase "with a background in returning citizen issues" and inserting the phrase "who is a returning citizen" in its place.
(2) Subparagraph (C) is amended by striking the phrase "victim's rights" and inserting the phrase "victim's rights or services" in its place.
(d) Section 205 (D.C. Official Code § 24-481.05) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "District offenders" and inserting the phrase "individuals convicted of violating District laws or regulations" in its place.
(2) Subsection (c) is amended as follows:
(A) Paragraph (5) is amended by striking the phrase "Demonstrate that" and inserting the phrase "Except for cases of actual innocence, demonstrate that" in its place.
(B) Paragraph (6) is amended by striking the phrase "his or her" and inserting the phrase "the applicant's" in its place.
(3) Subsection (d) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase "Demonstrate that" and inserting the phrase "Except for cases of actual innocence, demonstrate that" in its place.
(B) Paragraph (2) is amended by striking the phrase "his or her" and inserting the phrase "the applicant's" in its place.
(4) Subsection (e) is amended by striking the phrase "he or she" and inserting the phrase "the applicant" in its place.
Sec. 24. The Delivery of Health Care to Inmates Act of 2010, effective September 24, 2010 (D.C. Law 18-223; D.C. Official Code § 24-1401), is amended as follows:
(a) Section 3041 (57 DCR 6242) is amended by striking the phrase "to Inmates" and inserting the phrase "to Incarcerated Residents" in its place.
(b) Section 3042 (D.C. Official Code § 24-1401) is amended to read as follows:
"Sec. 3042. Delivery of health care to Department of Corrections residents.
"(a) The Mayor shall contract for delivery of health care for residents in the custody of the Department of Corrections under a community-oriented healthcare services model.
"(b) For the purposes of this section, the term "community-oriented healthcare services model" means a delivery system in which one entity is responsible for managing Department of Corrections residents through the full healthcare continuum, including primary care, specialty care, emergency care, and hospital care, and for connecting residents with a health center in the community for continued care after the residents are released from the custody of the Department of Corrections.".
Sec. 25. Section 201(a)(2) of the Expanding Supports for Crime Victims Amendment Act of 2022, enacted on November 21, 2022 (D.C. Act 24-657; 69 DCR 14698), is amended by striking the phrase "appointed by the Mayor" and inserting the phrase "appointed by the Mayor with the advice and consent of the Council, pursuant to section 2(a) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(a))," in its place.
Sec. 26. Applicability.
(a) Sections 7, 8 and 10(a) of this act shall apply upon the date of inclusion of their fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of this act.
Sec. 27. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 28. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 60-day period of congressional review as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of Columbia Register.
