reglab/housing_qa huggingface dataset:
DC Code § 16-710 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 7 - Criminal Proceedings in the Superior Court|§ 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.  (Dec. 23, 1963, 77 Stat. 559, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 557, Pub. L. 91-358, title I, § 145(d)(6); Mar. 10, 1983, D.C. Law 4-202,§ 3, 30 DCR 173; Aug. 2, 1983, D.C. Law 5-24, § 2, 30 DCR 3341; June 8, 2001, D.C. Law 13-302, § 3, 47 DCR 7249.)  Prior Codifications 1981 Ed., § 16-710. 1973 Ed., § 16-710. Section References This section is referenced in § 24-468. Effect of Amendments D.C. Law 13-302 added subsec. (b-1). Emergency Legislation For temporary (90 day) amendment of section, see §§ 3 and 11 of the Sentencing Reform Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443). For temporary (90 day) amendment of section, see § 3 of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239). For temporary (90 day) amendment of section, see § 3 of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).
DC Code § 16-711 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 7 - Criminal Proceedings in the Superior Court|§ 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.  (Mar. 10, 1983, D.C. Law 4-202, § 2, 30 DCR 173.)  Prior Codifications 1981 Ed., § 16-711.
DC Code § 16-711.01 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 7 - Criminal Proceedings in the Superior Court|§ 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.  (June 3, 2011, D.C. Law 18-377, § 4(2), 58 DCR 1174.)  Emergency Legislation For temporary (90 day) addition of § 16-711.01, see § 504(2) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640). For temporary (90 day) addition of § 16-711.01, see § 504(2) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
DC Code § 16-712 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 7 - Criminal Proceedings in the Superior Court|§ 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.  (Mar. 10, 1983, D.C. Law 4-202, § 2, 30 DCR 173.)  Prior Codifications 1981 Ed., § 16-712. Section References This section is referenced in § 22-2304 and § 22-3312.04. Cross References Panhandling, community service sanctions, see § 22-2304.
DC Code § 16-713 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 7 - Criminal Proceedings in the Superior Court|§ 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.  (Mar. 10, 1983, D.C. Law 4-202, § 2, 30 DCR 173.)  Prior Codifications 1981 Ed., § 16-713.
DC Code § 16-804 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 8 - Criminal Record Sealing|§ 16-804. Motion to seal

(a) A motion to seal filed with the Court pursuant to this chapter shall state grounds upon which eligibility for sealing is based and facts in support of the person’s claim. It shall be accompanied by a statement of points and authorities in support of the motion, and any appropriate exhibits, affidavits, and supporting documents. (b)(1) A motion pursuant to § 16-803(a), (b), or (c) shall state all of the movant’s arrests and convictions and shall: (A) Seek relief with respect to all the arrests and any conviction eligible for relief; and (B) For any arrest or conviction as to which the waiting period in § 16-803(a), (b), or (c) has not elapsed, waive in writing the right to seek sealing of the records pertaining to that arrest or conviction. (2) If the Court determines that the motion does not comply with the requirements of paragraph (1) of this subsection, then the movant shall have 30 days after being notified by the Court of the noncompliance to amend his or her original motion to include all of the movant’s District of Columbia Code and Municipal Regulation arrests and convictions and either seek relief with respect to all the eligible arrests and convictions or waive in writing the right to seek sealing of the records pertaining to any arrests or convictions for which relief is not sought. If the movant fails to amend his original motion within 30 days, then the motion shall be dismissed without prejudice. (c) A copy of the motion and any amended motion shall be served upon the prosecutor. (d) The prosecutor shall not be required to respond to the motion unless ordered to do so by the Court pursuant to § 16-805(b). (e) If the movant files a motion to seal an arrest that is not in the Court database or an arrest and related court proceedings that are not in a publicly available database, the motion to seal and responsive pleadings shall not be available publicly. If the Court grants such a motion, it shall order that the motion and responsive pleadings be sealed to the same extent and in the same manner as the records pertaining to the arrest and related court proceedings. If the Court denies such a motion, the Court, the United States Attorney’s Office, the Office of the Attorney General for the District of Columbia, and the law enforcement agency that arrested the movant shall be entitled to retain any and all records relating to the motion in a non-public file.  (May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868; June 15, 2013, D.C. Law 19-319, § 4(d), 60 DCR 2333.)  Effect of Amendments The 2013 amendment by D.C. Law 19-319 rewrote (b) and (c); and added (e).
DC Code § 16-805 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 8 - Criminal Record Sealing|§ 16-805. Review by Court

(a) If it plainly appears from the face of the motion, any accompanying exhibits, affidavits, and documents, and the record of any prior proceedings in the case, that the movant is not eligible for relief or is not entitled to relief, the Court may dismiss or deny the motion. (b) If the motion is not dismissed or denied after initial review, the Court shall order the prosecutor to file a response to the motion. The prosecutor shall file the response within 60 days of the issuance of the order except where the arrest was not presented to the prosecutor for a charging decision, in which case the prosecutor shall file the response within 90 days of the issuance of the order. (c) Upon the filing of the prosecutor’s response, the Court shall determine whether a hearing is required. (d) If the Court determines that a hearing is required, the hearing shall be scheduled within 30 days of the prosecutor’s response. If the Court determines that a hearing is not required, the Court shall dismiss, grant, or deny the motion within 30 days of the prosecutor’s response. (e) At the hearing, the movant and the prosecutor may present witnesses and information by proffer or otherwise. Hearsay evidence shall be admissible. (f) An order dismissing, granting, or denying the motion shall be in writing and include reasons. (g) The Court shall not be required to entertain a second or successive motion for similar relief on behalf of the same movant regarding the same offenses, arrests, or convictions unless the previous motion was dismissed or denied without prejudice. (h) An order dismissing, granting, or denying a motion for sealing is a final order for purposes of appeal.  (May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868; Mar. 10, 2015, D.C. Law 20-186, § 2(c), 61 DCR 12108.)  Section References This section is referenced in § 16-804. Effect of Amendments The 2015 amendment by D.C. Law 20-186 rewrote (d).
DC Code § 16-807 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 8 - Criminal Record Sealing|§ 16-807. Savings provision

This chapter does not supersede any other provision of the District of Columbia Official Code providing for the expungement, sealing, or setting aside of criminal arrests or convictions.  (May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868.)
DC Code § 16-831.01 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 8A - Third-Party Custody|§ 16-831.01. Definitions

For the purposes of this chapter, the term: (1) “De facto parent” means an individual: (A) Who: (i) Lived with the child in the same household at the time of the child’s birth or adoption by the child’s parent; (ii) Has taken on full and permanent responsibilities as the child’s parent; and (iii) Has held himself or herself out as the child’s parent with the agreement of the child’s parent or, if there are 2 parents, both parents; or (B) Who: (i) Has lived with the child in the same household for at least 10 of the 12 months immediately preceding the filing of the complaint or motion for custody; (ii) Has formed a strong emotional bond with the child with the encouragement and intent of the child’s parent that a parent-child relationship form between the child and the third party; (iii) Has taken on full and permanent responsibilities as the child’s parent; and (iv) Has held himself or herself out as the child’s parent with the agreement of the child’s parent, or if there are 2 parents, both parents. (2) “Intrafamily offense” shall have the same meaning as provided in § 16-1001(8). (3) “Legal custody” means legal responsibility for a child, including the right to: (A) Make decisions regarding the child’s health, education, and general welfare; (B) Access the child’s educational, medical, psychological, dental, or other records; and (C) Speak with and obtain information regarding the child from school officials, health care providers, counselors, or other persons interacting with the child. (4) “Physical custody” means a child’s living arrangements. The term “physical custody” includes a child’s residency or visitation schedule. (5) “Third party” means a person other than the child’s parent or de facto parent.  (Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(b), 56 DCR 1117; Mar. 25, 2009, D.C. Law 17-368, § 4(f), 56 DCR 1338.)  Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in the section designation. D.C. Law 17-368, in par. (2), substituted “§ 16-1001(8)” for “§ 16-1001(5)”. Emergency Legislation For temporary (90 day) addition, see § 2(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
DC Code § 16-831.03 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 8A - Third-Party Custody|§ 16-831.03. Action for custody of a child by a de facto parent

(a) A de facto parent may file a complaint for custody of a child or a motion to intervene in any existing action involving custody of the child. (b) An individual who establishes that he or she is a de facto parent by clear and convincing evidence shall be deemed a parent for the purposes of §§ 16-911, 16-914, 16-914.01, and 16-916, and for the purposes of this chapter if a third party is seeking custody of the child of the de facto parent. (c)(1) All proceedings involving a parent and a de facto parent, including an action for child support, shall be governed by §§ 16-911, 16-914, 16-914.01, and 16-916. (2) A custody proceeding involving a third party and a de facto parent shall be governed by the provisions of this chapter.  (Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(d), 56 DCR 1117.)  Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in the section designation. Emergency Legislation For temporary (90 day) addition, see § 2(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
DC Code § 16-831.04 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 8A - Third-Party Custody|§ 16-831.04. Third-party custody orders

(a) A custody order entered under this chapter may include any of the following: (1) Sole legal custody to the third party; (2) Sole physical custody to the third party; (3) Joint legal custody between the third party and a parent; (4) Joint physical custody between the third party and a parent; or (5) Any other custody arrangement the court determines is in the best interests of the child. (b) An order granting relief under this chapter shall be in writing and shall recite the findings upon which the order is based.  (Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(e), 56 DCR 1117.)  Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in the section designation. Emergency Legislation For temporary (90 day) addition, see § 2(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
DC Code § 16-831.05 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 8A - Third-Party Custody|§ 16-831.05. Parental presumption

(a) Except when a parent consents to the relief sought by the third party, there is a rebuttable presumption in all proceedings under this chapter that custody with the parent is in the child’s best interests. (b) If the court grants custody of the child to a third party over parental objection, the court order shall include written findings of fact supporting the rebuttal of the parental presumption.  (Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(f), 56 DCR 1117.)  Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in the section designation. Emergency Legislation For temporary (90 day) addition, see § 2(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
DC Code § 16-831.06 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 8A - Third-Party Custody|§ 16-831.06. Award of custody to third party

(a) The court shall award custody of the child to the third party upon determining: (1) The presumption in favor of parental custody has been rebutted; and (2) Custody with the third party is in the child’s best interests. (b) The third party seeking custody shall bear the burden of rebutting the parental presumption by clear and convincing evidence. (c) In any proceeding under this chapter, the court may appoint counsel for the parent of the child should the court deem it appropriate in the interest of justice. The court also may appoint a guardian ad litem for the child and counsel for the third party. (d)(1) Notwithstanding any other provision of this chapter, the court shall enter an order for any custody arrangement that is agreed to by the parents and the proposed custodian or custodians, including custody based on revocable parental consent, unless clear and convincing evidence indicates that the arrangement is not in the best interests of the child. (2) If one parent agrees and the other parent does not timely object after having been properly served with process and the proposed arrangement, the arrangement shall be deemed to be agreed to by the parents. (3) In any proceeding to assess a proposed arrangement under this subsection, the proposed custodian or custodians shall be full parties. (e) If custody is awarded under this chapter to a third party, the court shall issue an order that provides for frequent and continuing contact between the parents and the child and encouraging love, affection, and contact between the child and the parents, unless the court determines that such an order is not in the best interest of the child.  (Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(g), 56 DCR 1117.)  Section References This section is referenced in § 16-831.11. Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in the section designation. Emergency Legislation For temporary (90 day) addition, see § 2(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
DC Code § 16-831.07 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 8A - Third-Party Custody|§ 16-831.07. Findings necessary to rebut the parental presumption by clear and convincing evidence

(a) To determine that the presumption favoring parental custody has been rebutted, the court must find, by clear and convincing evidence, one or more of the following factors: (1) That the parents have abandoned the child or are unwilling or unable to care for the child; (2) That custody with a parent is or would be detrimental to the physical or emotional well-being of the child; or (3) That exceptional circumstances, detailed in writing by the court, support rebuttal of the presumption favoring parental custody. (b) The court shall not consider a parent’s lack of financial means in determining whether the presumption favoring parental custody has been rebutted. (c) The court shall not use the fact that a parent has been the victim of an intrafamily offense against the parent in determining whether the presumption favoring parental custody has been rebutted. (d) If the court concludes that the parental presumption has not been rebutted by clear and convincing evidence, the court shall dismiss the third-party complaint and enter any appropriate judgment in favor of the parent. The court shall only address the factors set forth in § 16-831.08 once the presumption favoring parental custody has been rebutted.  (Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(h), 56 DCR 1117.)  Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in the section designation. Emergency Legislation For temporary (90 day) addition, see § 2(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).