Code of the District of Columbia

Subchapter I. Prisons.


Part A. General.

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 [Repealed]

Repealed.


(Dec. 23, 1963, 77 Stat. 623, Pub. L. 88-241, § 21.)

Prior Codifications

1981 Ed., § 24-401.

1973 Ed., § 24-401.


§ 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

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.


§ 24–201.04. 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.


(Mar. 3, 1901, 31 Stat. 1341, ch. 854, § 936.)

Prior Codifications

1981 Ed., § 24-404.

1973 Ed., § 24-404.


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 [Repealed]

Repealed.


(Apr. 11, 1987, D.C. Law 6-218, § 9, 34 DCR 484.)

Prior Codifications

1981 Ed., § 24-405.

1973 Ed., § 24-405.


§ 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.


(June 10, 1910, 36 Stat. 464, ch. 282.)

Prior Codifications

1981 Ed., § 24-406.

1973 Ed., § 24-406.


§ 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.


(Mar. 2, 1911, 36 Stat. 1003, ch. 192.)

Prior Codifications

1981 Ed., § 24-407.

1973 Ed., § 24-407.


§ 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.


(Mar. 2, 1911, 36 Stat. 1003, ch. 192.)

Prior Codifications

1981 Ed., § 24-408.

1973 Ed., § 24-408.


§ 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.


(Mar. 2, 1911, 36 Stat. 1003, ch. 192.)

Prior Codifications

1981 Ed., § 24-410.

1973 Ed., § 24-410.

References in Text

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


§ 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

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.


§ 24–201.12. 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.


(Mar. 3, 1901, 31 Stat. 1379, ch. 854, § 1193.)

Prior Codifications

1981 Ed., § 24-413.

1973 Ed., § 24-413.

Section References

This section is referenced in § 24-201.14.


§ 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.


(Mar. 3, 1901, 31 Stat. 1379, ch. 854, § 1194; Mar. 2, 1911, 36 Stat. 1003, ch. 192.)

Prior Codifications

1981 Ed., § 24-414.

1973 Ed., § 24-414.


§ 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.


(Mar. 3, 1901, 31 Stat. 1379, ch. 854, § 1191; Mar. 2, 1911, 36 Stat. 1003, ch. 192; Mar. 16, 1926, 44 Stat. 209, ch. 58, § 6.)

Prior Codifications

1981 Ed., § 24-415.

1973 Ed., § 24-415.

Section References

This section is referenced in § 24-201.13.


§ 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.


(Mar. 3, 1901, 31 Stat. 1379, ch. 854, § 1197; Mar. 2, 1911, 36 Stat. 1003, ch. 192.)

Prior Codifications

1981 Ed., § 24-416.

1973 Ed., § 24-416.


§ 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

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.


§ 24–201.18. 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

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.


§ 24–201.20. 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

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.


§ 24–201.22. 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.


(Mar. 3, 1901, 31 Stat. 1380, ch. 854, § 1204; Mar. 2, 1911, 36 Stat. 1003, ch. 192.)

Prior Codifications

1981 Ed., § 24-421.

1973 Ed., § 24-421.


§ 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.


(Aug. 18, 1894, 28 Stat. 417, ch. 301; June 29, 1922, 42 Stat. 668, ch. 249.)

Prior Codifications

1981 Ed., § 24-422.

1973 Ed., § 24-422.


§ 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.”


(Apr. 29, 1926, 44 Stat. 347, ch. 195, title II.)

Prior Codifications

1981 Ed., § 24-423.

1973 Ed., § 24-423.


§ 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.


(Mar. 3, 1915, 38 Stat. 869, ch. 75, § 1.)

Prior Codifications

1981 Ed., § 24-424.

1973 Ed., § 24-424.


§ 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.


(July 15, 1932, ch. 492, § 11; June 6, 1940, 54 Stat. 244, ch. 254, § 8.)

Prior Codifications

1981 Ed., § 24-425.

1973 Ed., § 24-425.

Section References

This section is referenced in § 24-241.08.


§ 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

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.


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

Repealed.


(Aug. 20, 1994, D.C. Law 10-151, § 802, 41 DCR 2608.)

Prior Codifications

1981 Ed., § 24-428.

Emergency Legislation

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


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.


(Nov. 14, 1987, D.C. Law 7-43, § 3, 34 DCR 5287; Jan. 30, 2004, D.C. Law 15-62, § 7, 50 DCR 6574.)

Prior Codifications

1981 Ed., § 24-902.


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

Repealed.


(Nov. 14, 1987, D.C. Law 7-43, § 4, 34 DCR 5287; Jan. 30, 2004, D.C. Law 15-62, § 7, 50 DCR 6574.)

Prior Codifications

1981 Ed., § 24-903.


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

Repealed.


(Nov. 14, 1987, D.C. Law 7-43, § 5, 34 DCR 5287; Nov. 13, 2003, D.C. Law 15-39, § 1802(b), 50 DCR 5668; Jan. 30, 2004, D.C. Law 15-62, § 7, 50 DCR 6574.)

Prior Codifications

1981 Ed., § 24-904.

Emergency Legislation

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


§ 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.


(Oct. 1, 2002, D.C. Law 14-190, § 3102, 49 DCR 6968.)


Part D. Population Caps and Design Capacity.

§ 24–201.71. Central Detention Facility requirements.

(a) The number of inmates 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 inmates 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 inmates 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 inmates 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.)

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.


(Jan. 30, 2004, D.C. Law 15-62, § 6, 50 DCR 6574.)