Chapter 7. Criminal Proceedings in the Superior Court.
§ 16–701. Rules and regulations.
The Superior Court may make such rules and regulations for conducting business in the Criminal Division of the court, consistent with statutes applicable to such business and in the manner provided in section 11-946 , as it may deem necessary and proper.
§ 16–702. Prosecution by indictment or information.
An offense prosecuted in the Superior Court which may be punished by death shall be prosecuted by indictment returned by a grand jury. An offense which may be punished by imprisonment for a term exceeding one year shall be prosecuted by indictment, but it may be prosecuted by information if the defendant, after he has been advised of the nature of the charge and of his rights, waives in open court prosecution by indictment. Any other offense may be prosecuted by indictment or by information. An information subscribed by the proper prosecuting officer may be filed without leave of court.
§ 16–703. Process of Criminal Division; fees.
(a) The Criminal Division of the Superior Court may issue process for the arrest of a person against whom an indictment is returned, an information is filed, or a complaint under oath is made.
(b) Process shall —
(1) be under the seal of the court;
(2) bear teste in the name of a judge of the court, and
(3) be signed by a clerk or employee of the court authorized to administer oaths.
(c) In cases arising out of violations of any of the ordinances of the District of Columbia, process shall be directed to the Chief of Police, who shall execute the process and make return thereof in like manner as in other cases.
(d) In all other criminal cases, the process issued by the Superior Court may be directed to the United States marshal or to the Chief of Police.
(e) For services pursuant to subsection (d) of this section the marshal shall receive the fees prescribed by section 15-709(b).
§ 16–704. Bail; collateral security.
(a) A person charged with an offense triable in the criminal division of the Superior Court of the District of Columbia may give security for his appearance for trial or for further hearing, either by giving bond to the satisfaction of the court or by depositing money as collateral security with the appropriate officer at the court or the station keeper of the police precinct within which he is apprehended. When a sum of money is deposited as collateral security as provided by this section it shall remain, in contemplation of law, the property of the person depositing it until duly forfeited by the court. When forfeited, it shall be, in contemplation of law, the property of the United States of America or of the District of Columbia, according as the charge against the person depositing it is instituted on behalf of the United States or of the District. Every person receiving any sum of money deposited as provided by this section shall be deemed in law the agent of the person depositing it or of the United States or the District, as the case may be, for all purposes of properly preserving and accounting for money.
(b) This section does not affect the ultimate rights under existing law of the Washington Humane Society of the District of Columbia, in or to any forfeitures collected in the criminal division of the Superior Court of the District of Columbia.
§ 16–705. Jury trial; trial by court.
*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) In a criminal case tried in the Superior Court in which, according to the Constitution of the United States, the defendant is entitled to a jury trial, the trial shall be by jury, unless the defendant in open court expressly waives trial by jury and requests trial by the court, and the court and the prosecuting officer consent thereto. In the case of a trial without a jury, the trial shall be by a single judge, whose verdict shall have the same force and effect as that of a jury.
(b) In any case where the defendant is not under the Constitution of the United States entitled to a trial by jury, the trial shall be by a single judge without a jury, except that if —
(1)(A) The defendant is charged with an offense which is punishable by a fine or penalty of more than $1,000 or by imprisonment for more than 180 days (or for more than six months in the case of the offense of contempt of court);
(B) The defendant is charged with 2 or more offenses which are punishable by a cumulative fine or penalty of more than $4,000 or a cumulative term of imprisonment of more than 2 years; or
(C)(i) The defendant is charged with an offense under:
(I) [Section 22-404(a)(1)];
(II) [Section 22-405.01]; or
(III) [Section 22-407]; and
(ii) The person who is alleged to have been the victim of the offense is a law enforcement officer, as that term is defined in [§ 22-405(a)]if the law enforcement officer was in uniform or acting in an official capacity at the time of the offense; and
(2) The defendant demands a trial by jury, the trial shall be by jury, unless the defendant in open court expressly waives trial by jury and requests trial by the court, and the court and the prosecuting officer consent thereto. In the case of a trial by the court, the judge’s verdict shall have the same force and effect as that of a jury.
(b-1) If a defendant in a criminal case is charged with 2 or more offenses and the offenses include at least one jury demandable offense and one non-jury demandable offense, the trial for all offenses charged against that defendant shall be by jury unless the defendant in open court expressly waives trial by jury and requests trial by the court, and the court and the prosecuting officer consent thereto. In the case of a trial without a jury, the trial shall be by a single judge, whose verdict shall have the same force and effect as that of a jury.
(c) The jury shall consist of twelve persons, unless the parties, with the approval of the court and in the manner provided by rules of the court, agree to a number less than twelve. Even absent such agreement, if, due to extraordinary circumstances, the court finds it necessary to excuse a juror for just cause after the jury has retired to consider its verdict, in the discretion of the court, a valid verdict may be returned by the remaining eleven jurors.
§ 16–706. Enforcement of judgments; commitment upon non-payment of fine.
The Superior Court may enforce any of its judgments rendered in criminal cases by fine or imprisonment, or both. Except as otherwise provided by law, and subject to the relief provided in section 3569 of title 18, United States Code , in any case where the court imposes a fine, the court may, in the event of default in the payment of the fine imposed, commit the defendant for a term not to exceed one year.
§ 16–707. Disposition of fines.
(a) All fines payable and paid under judgment of the criminal division of the Superior Court of the District of Columbia shall, upon their payment, immediately become, in contemplation of law, the property of the United States or the District of Columbia, according to the charge upon which the fine may be adjudged. Every person receiving such a fine shall be deemed in law an agent of the United States or the District, as the case may be.
(b) This section does not affect the ultimate rights under existing law of the Washington Humane Society of the District of Columbia, in or to any fines paid in the criminal division of the Superior Court of the District of Columbia.
§ 16–708. Penalties for wrongful conversion of forfeitures and fines.
Whoever, being an agent as contemplated and defined by section 16-704(a) , or by section 16-707(a) , wrongfully converts to his own use any money received by him as provided therein, is guilty of theft, and shall be punished in the manner prescribed by law for such offense.
§ 16–709. Executions on forfeited recognizances and judgments.
The Superior Court of the District of Columbia may issue execution on all recognizances forfeited in its criminal division, upon motion of the prosecuting officer; and all writs of fieri facias or other writs of execution on judgments issued by the criminal division shall be directed to and executed by the United States marshal.
§ 16–710. Suspension of imposition or execution of sentence.
(a) Except as provided in subsection (b), in criminal cases in the Superior Court of the District of Columbia, the court may, upon conviction, suspend the imposition of sentence or impose sentence and suspend the execution thereof, or impose sentence and suspend the execution of a portion thereof, for such time and upon such terms as it deems best, if it appears to the satisfaction of the court that the ends of justice and the best interest of the public and of the defendant would be served thereby. In each case of the imposition of sentence and the suspension of the execution thereof, or the imposition of sentence and the suspension of the execution of a portion thereof, the court may place the defendant on probation under the control and supervision of a probation officer. The probationer shall be provided by the clerk of the court with a written statement of the terms and conditions of his probation at the time when he is placed thereon. He shall observe the rules prescribed for his conduct by the court and report to the probation officer as directed. A person may not be put on probation without his consent.
(b) The period of probation referred to in subsection (a), together with any extension thereof, shall not exceed 5 years.
(b-1) The court may order as a condition of probation for any defendant convicted of a felony that the defendant remain in custody or in a community correctional center during nights, weekends, or other intervals totaling not more than one year during the term of probation.
(c) Nothing in this section shall be deemed to supersede the provisions of section 22-1804a.
§ 16–711. Restitution or reparation.
(a) In criminal cases in the Superior Court, the court may, in addition to any other sentence imposed as a condition of probation or as a sentence itself, require a person convicted of any offense to make reasonable restitution or reparation.
(b) When restitution or reparation is ordered, the court shall take into consideration the number of victims, the actual damage of each victim, the resources of the defendant, the defendant’s ability to earn, any obligation of the defendant to support dependents, and other matters as pertain to the defendant’s ability to make restitution or reparation.
(c) The court shall fix the manner of performing restitution or reparation.
(d) At any time during the probation period or period of restitution or reparation, the defendant may request and the court may grant a hearing on any matter related to the plan of restitution or reparation.
§ 16–711.01. Restitution or reparation — Enforcement.
(a) An order of restitution or reparation requiring a person convicted of the criminal conduct to pay restitution or reparation constitutes a judgment and lien against all property of a liable defendant for the amount the defendant is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property.
(b) A judgment of restitution or reparation may be enforced by the United States Attorney for the District of Columbia, the Attorney General for the District of Columbia, a victim entitled under the order to receive restitution or reparation, a deceased victim’s estate, or any other beneficiary of the judgment in the same manner as a civil judgment.
(c) The court shall provide each victim in a criminal case with a notarized and sealed copy of the Order of Restitution or Reparation.
(d) The name and address of the victim shall not be disclosed to the defendant or any representative of the defendant.
§ 16–712. Community service.
(a) In criminal cases in the Superior Court of the District of Columbia, the court may, in addition to any other sentence imposed, require a person convicted of any offense as a condition of probation or as a sentence itself, to undertake reasonable services to the community for a period not to exceed 5 years in duration.
(b) When community service is ordered, the court shall take into consideration the physical and mental health of the defendant, his or her age, education, employment and vocational training, family circumstances, financial condition, and any other factors as shall be appropriate.
(c) The court shall fix the manner of performing community service.
(d) At any time during the probation period or period of community service, the defendant may request and the court may grant a hearing on any matter related to the plan of community service.
§ 16–713. Alien sentencing.
(a) Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime, the court shall administer the following advisement on the record to the defendant:
“If you are not a citizen of the United States, you are advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.”
(b) Upon request, the court shall allow the defendant a reasonable amount of additional time to consider the appropriateness of the plea in light of the advisement. If the court fails to advise the defendant as required by subsection (a) and the defendant shows that conviction of the offense to which the defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from the United States, or denial of naturalization pursuant to the laws of the United States, the court, on defendant’s motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. Absent a record that the court provided the advisement required by subsection (a), the defendant shall be presumed not to have received the required advisement.
§ 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).
