Code of the District of Columbia

Subchapter II. Department of Corrections.


Part A. General.

§ 24–211.01. Created.

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


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

Prior Codifications

1981 Ed., § 24-441.

1973 Ed., § 24-441.

Section References

This section is referenced in § 24-101.

Emergency Legislation

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

Change in Government

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.


§ 24–211.02. Powers; promulgation of rules.

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

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

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

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

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

(C) Limiting any powers or authority of the Metropolitan Police Department or the Department of Corrections.

(b) The Department of Corrections shall:

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

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

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

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

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

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

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

(6) Repealed.

(7) Repealed.

(8) Repealed.

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


(June 27, 1946, 60 Stat. 320, ch. 507, § 2; Jan. 30, 2004, D.C. Law 15-62,§ 4, 50 DCR 6574; July 23, 2010, D.C. Law 18-190, § 2, 57 DCR 3397; Sept. 26, 2012, D.C. Law 19-171, § 80, 59 DCR 6190; Dec. 11, 2012, D.C. Law 19-195, § 2(a), 59 DCR 10159; Dec. 24, 2013, D.C. Law 20-61, § 3002, 60 DCR 12472; June 26, 2014, D.C. Law 20-117, § 5, 61 DCR 2032; Apr. 4, 2017, D.C. Law 21-238, § 305, 63 DCR 15312.)

Prior Codifications

1981 Ed., § 24-442.

1973 Ed., § 24-442.

Section References

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

Effect of Amendments

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

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

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

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

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

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

Applicability

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

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

Emergency Legislation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Temporary Legislation

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

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

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

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

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

“(a) The Department of Corrections shall process and release an inmate from the Central Detention Facility within 5 hours of a court order granting his or her release, unless the inmate is to continue in confinement pursuant to another charge or warrant or, for an inmate who has completed his or her sentence, before noon on the inmate’s scheduled release date.

“(b) The Department of Corrections shall establish, in coordination with the courts and the United States Marshals Service, procedures to ensure that inmates who have been ordered released by the court are returned to the Central Detention Facility as promptly as possible.

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

“(1) Ensure that:

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

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

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

“(A) Appropriate for the weather;

“(B) Not a jumpsuit; and

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

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

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

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

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

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

“(C) A friend or family member;

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

“(7) Require that the warden of the Central Detention Facility certify, in writing, that the requirements of this subsection have been met.

“(d)(1) The Department of Corrections shall maintain an accurate record of the date and time of each inmate’s release from the Central Detention Facility that shall be a matter of public record, which may be audited, upon request, by the Inspector General or the District of Columbia Auditor.

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

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

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

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

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

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

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

Short Title

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

Editor's Notes

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

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

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

Change in Government

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


§ 24–211.02a. Processing and release of inmates from the Central Detention Facility.

(a) The Department of Corrections shall process and release inmates from the Central Detention Facility as follows:

(1) Except as provided in paragraphs (2) and (3) of this subsection, the Department of Corrections shall have the obligation to ensure that all inmates are released by 10:00 p.m.; provided, that such obligation does not apply to inmates who are ordered released by the court between 10:00 p.m. and 7:00 a.m. or to inmates who are being released into the custody of another jurisdiction. The Department of Corrections shall have the obligation to abide by subsection (c) of this section for all inmates being released between 10 p.m. and 7 a.m., including those who are ordered released by the court.

(2) For an inmate ordered released pursuant to a court order, the inmate shall be released within 5 hours of transfer from the custody of the United States Marshals Service into the custody of the Department of Corrections, unless the inmate is to continue in confinement pursuant to another charge or warrant; provided, that the Department of Corrections has the obligation to release inmates by 10:00 p.m.

(3) For an inmate who has completed his or her sentence, and for whom there is no other outstanding charge or warrant, the inmate shall be released before noon on his or her scheduled release date.

(b) The Department of Corrections shall establish, in coordination with the courts and the United States Marshals Service, procedures to ensure that inmates who have been ordered released by the court are returned to the Central Detention Facility as promptly as possible.

(c) For all inmates released between 10 p.m. and 7 a.m., the Department of Corrections shall ensure, before release, that:

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

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

(2) The inmate is provided with the clothing that the inmate wore upon intake to the Central Detention Facility or, if that clothing is not available, 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 worn by citizens in public;

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

(4) If the inmate is a sentenced inmate, the inmate has been provided, within the 7 days before release, release counseling on access to benefits and services available in the District to facilitate reentry;

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

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

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

(C) A friend or family member,

(6) The inmate has been provided with the option of remaining within a Department of Corrections facility until release at 7 a.m. If an inmate chooses to do so, the Department of Corrections must obtain a written waiver from the inmate stating that the inmate has knowingly, intelligently, and voluntarily decided to remain in a Department of Corrections facility until 7:00 a.m.; and

(7) The warden of the Central Detention Facility has certified, in writing, that the requirements of this subsection have been met.

(d)(1) The Department of Corrections shall maintain an accurate record of the date and time of each inmate’s release from the Central Detention Facility that shall be a matter of public record and that may be audited, upon request, by the Inspector General for the District of Columbia or the District of Columbia Auditor.

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

(A) The custody status of the inmate before release (e.g., pre-trial detention, sentenced misdemeanant);

(B) The reason for the inmate’s release (e.g., completion of sentence, court order);

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

(D) The date and time of the release.

(e)(1) For each inmate released after 10 p.m. on the date of the expiration of his or her sentence or on the date he or she 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 inmate is overdetained.

(2) The Office of the Chief Financial Officer shall transfer funds in accordance with paragraph (1) of this subsection to the Settlements and Judgments fund to support litigation related to the Department of Corrections.


(June 27, 1946, 60 Stat. 320, ch. 507, § 2a; as added Dec. 11, 2012, D.C. Law 19-195, § 2(b), 59 DCR 10159.)

Effect of Amendments

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

Emergency Legislation

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

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

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


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

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


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

Prior Codifications

1981 Ed., § 24-443.

1973 Ed., § 24-443.

Change in Government

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.


§ 24–211.04. Continuance of regulations.

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


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

Prior Codifications

1981 Ed., § 24-444.

1973 Ed., § 24-444.

Change in Government

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


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

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


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

Prior Codifications

1981 Ed., § 24-445.

1973 Ed., § 24-445.

Change in Government

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.


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

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


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

Prior Codifications

1981 Ed., § 24-446.

1973 Ed., § 24-446.

Emergency Legislation

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

References in Text

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


§ 24–211.07. District compliance with federal immigration detainers.

(a) The District of Columbia is authorized to comply with civil detainer requests from United States Immigration and Customs Enforcement (“ICE”) by holding inmates for an additional 24-hour period, excluding weekends and holidays, after they would otherwise be released, but only in accordance with the requirements set forth in subsection (b) of this section.

(b) Upon written request by an ICE agent to detain a District of Columbia inmate for suspected violations of federal civil immigration law, the District shall exercise discretion regarding whether to comply with the request and may comply only if:

(1) There exists a prior written agreement with the federal government by which all costs incurred by the District in complying with the ICE detainer shall be reimbursed; and

(2) The individual sought to be detained:

(A) Is 18 years of age or older; and

(B) Has been convicted of:

(i) A dangerous crime as defined in § 23-1331(3) or a crime of violence as defined in § 23-1331(4), for which he or she is currently in custody;

(ii) A dangerous crime as defined in § 23-1331(3) or a crime of violence as defined in § 23-1331(4) within 10 years of the detainer request, or was released after having served a sentence for such dangerous crime or crime of violence within 5 years of the request, whichever is later; or

(iii) A crime in another jurisdiction which if committed in the District of Columbia would qualify as an offense listed in § 23-1331(3) or (4); provided, that the conviction occurred within 10 years of the detainer request or the individual was released after having served a sentence for such crime within 5 years of the request, whichever is later.

(c) Notwithstanding subsection (b)(2)(B)(ii) and (iii) of this section, a detainer request for an individual who has been convicted of a homicide crime, pursuant to § 22-2101 et seq., or a crime in another jurisdiction which if committed in the District of Columbia would qualify as a homicide crime, may be honored regardless of when the conviction occurred.

(d)(1) The District shall not provide to any ICE agent an office, booth, or any facility or equipment for a generalized search of or inquiry about inmates or permit an ICE agent to conduct an individualized interview of an inmate without giving the inmate an opportunity to have counsel present.

(2) This subsection shall not be construed to establish a right to counsel that does not otherwise exist in law.


(June 27, 1946, ch. 507, § 7; as added Dec. 11, 2012, D.C. Law 19-194, § 2, 59 DCR 10153.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-194 added this section.

Emergency Legislation

For temporary addition of section, see § 2 of the Immigration Detainer Compliance Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-475, October 9, 2012, 59 DCR 12098), applicable as of September 13, 2012.

Editor's Notes

Former § 24-211.07 was omitted from this part.


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

§ 24–211.21. Definitions.

For the purposes of this part, the term:

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

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

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

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

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

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

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

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

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


(Sept. 20, 1996, D.C. Law 11-158, § 2, 43 DCR 3702.)

Prior Codifications

1981 Ed., § 24-448.1.

Emergency Legislation

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

Temporary Legislation

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

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


§ 24–211.22. Employee testing.

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

(1) Applicants;

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

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

(4) HPR employees.

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

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


(Sept. 20, 1996, D.C. Law 11-158, § 3, 43 DCR 3702.)

Prior Codifications

1981 Ed., § 24-448.2.

Emergency Legislation

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

Temporary Legislation

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


§ 24–211.23. Testing methodology.

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

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

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

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

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

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


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

Prior Codifications

1981 Ed., § 24-448.3.

Effect of Amendments

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

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

Emergency Legislation

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

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

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

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

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

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

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

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

Temporary Legislation

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


§ 24–211.24. Procedure and employee impact.

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


(Sept. 20, 1996, D.C. Law 11-158, § 5, 43 DCR 3702.)

Prior Codifications

1981 Ed., § 24-448.4.

Emergency Legislation

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

Temporary Legislation

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


Part C. Department of Corrections Criminal Background Investigations.

§ 24–211.41. Authorization of investigation.

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

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


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

Prior Codifications

1981 Ed., § 24-448.11.

Emergency Legislation

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

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

Temporary Legislation

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


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

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

The Department of Corrections shall not house any misdemeanants, felons, ex-offenders, or persons awaiting trial or sentencing for offenses committed in the District of Columbia in any facility on the D.C. General Hospital Campus (Reservation 13) other than the District of Columbia Jail or the Correctional Treatment Facility. This limitation shall not prohibit the Department of Corrections from relocating its headquarters to any facility on Reservation 13 or using any Reservation 13 facility for the housing of records or training purposes.


(Oct. 1, 2002, D.C. Law 14-190, § 3002, 49 DCR 6968.)

Mayor's Orders

Establishment — Steering Committee for the Planning and Development of Hill East Waterfront, see Mayor’s Order 2002-157, September 13, 2002 ( 49 DCR 8627).


Part E. Grant for Inmate and Returning Citizen Assistance.

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

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

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


(Oct. 8, 2016, D.C. Law 21-160, § 3132, 63 DCR 10775.)