reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter I - General Provisions › § 24–403.02. Sentencing and good time credit for misdemeanors committed on or after August 5, 2000

§ 24–403.02. Sentencing and good time credit for misdemeanors committed on or after August 5, 2000.
A sentence of incarceration, or of commitment pursuant to § 24-903, for a misdemeanor committed on or after August 5, 2000, shall be for a definite term, which shall not exceed the maximum term allowed by law. A person sentenced to incarceration, or to commitment pursuant to § 24-903, under this section, shall serve the term of incarceration or commitment specified in the sentence, less any time credited toward service of the sentence as provided in § 24-221.01 through § 24-221.05.
(July 15, 1932, 47 Stat. 697, ch. 492, § 3b; as added June 8, 2001, D.C. Law 13-302, § 8(b), 47 DCR 7249.)
Emergency Legislation
For temporary (90 day) amendment of section, see § 8(b) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).
For temporary (90 day) addition of section, see § 8(b) 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) addition of section, see § 8(b) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter I - General Provisions › § 24–403.04. Motions for compassionate release for individuals convicted of felony offenses

§ 24–403.04. Motions for compassionate release for individuals convicted of felony offenses.
(a) Notwithstanding any other provision of law, the court shall modify a term of imprisonment imposed upon a defendant if it determines the defendant is not a danger to the safety of any other person or the community, pursuant to the factors to be considered in 18 U.S.C. §§ 3142(g) and 3553(a) and evidence of the defendant's rehabilitation while incarcerated, and:
(1) The defendant has a terminal illness, which means a disease or condition with an end-of-life trajectory;
(2) The defendant is 60 years of age or older and has served at least 20 years in prison; or
(3) Other extraordinary and compelling reasons warrant such a modification, including:
(A) A debilitating medical condition involving an incurable illness, or a debilitating injury from which the defendant will not recover;
(B) Elderly age, defined as a defendant who:
(i) Is 60 years of age or older;
(ii) Has served the lesser of 15 years or 75% of the defendant's sentence; and
(iii) Suffers from a chronic or serious medical condition related to the aging process or that causes an acute vulnerability to severe medical complications or death as a result of COVID-19;
(C) Death or incapacitation of the family member caregiver of the defendant's children; or
(D) Incapacitation of a spouse or a domestic partner when the defendant would be the only available caregiver for the spouse or domestic partner.
(b) Motions brought pursuant to this section may be brought by the United States Attorney's Office for the District of Columbia, the Bureau of Prisons, the United States Parole Commission, or the defendant.
(c) Although a hearing is not required, to provide for timely review of a motion made pursuant to this section and at the request of counsel for the defendant, the court may waive the appearance of a defendant currently held in the custody of the Bureau of Prisons.
(d) For the purposes of this section, the term "COVID-19" means the disease caused by the novel 2019 coronavirus SARS-CoV-2.
(July 15, 1932, 47 Stat. 697, ch. 492, § 3d; as added Apr. 27, 2021, D.C. Law 23-274, § 1203(b), 68 DCR 001034.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 706(b) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
For temporary (90 days) creation of this section, see § 706(b)(2) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) creation of this section, see § 706(b)(2) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
Temporary Legislation
For temporary (225 days) creation of this section, see § 706(b) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter I - General Provisions › § 24–405. Arrest for violation of parole

§ 24–405. Arrest for violation of parole.
If said Board of Parole, or any member thereof, shall have reliable information that a prisoner has violated his parole, said Board, or any member thereof, at any time within the term or terms of the prisoner’s sentence, may issue a warrant to any officer hereinafter authorized to execute the same for the retaking of such prisoner. Any officer of the District of Columbia penal institutions, any officer or designated civilian employee of the Metropolitan Police Department of the District of Columbia, or any federal officer authorized to serve criminal process within the United States to whom such warrant shall be delivered is authorized and required to execute such warrant by taking such prisoner and returning or removing him to the penal institution of the District of Columbia from which he was paroled or to such penal or correctional institution as may be designated by the Attorney General of the United States.
(July 15, 1932, 47 Stat. 698, ch. 492, § 5; June 6, 1940, 54 Stat. 242, ch. 254, § 4; July 17, 1947, 61 Stat. 378, ch. 263, § 2; June 12, 1999, D.C. Law 12-284, § 9, 46 DCR 1328.)
Prior Codifications
1981 Ed., § 24-205.
1973 Ed., § 24-205.
Cross References
Representation of indigents, see §§ 2-1602 and 11-2601.
Rewards for apprehension of parole violators, see § 24-201.27.
Emergency Legislation
For temporary amendment of section, see § 9 of the Metropolitan Police Department Civilianization and Street Solicitation for Prostitution Emergency Amendment Act of 1998 (D.C. Act 12-428, August 6, 1998, 45 DCR 5884), § 9 of the Metropolitan Police Department Civilianization Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-506, November 10, 1998, 45 DCR 8139), and § 9 of the Metropolitan Police Department Civilianization Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-13, February 8, 1999, 46 DCR 2333).
Temporary Legislation
Section 9 of D.C. Law 12-282 inserted “or designated civilian employee.”
Section 13(b) of D.C. Law 12-282 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter I - General Provisions › § 24–407. Repeal of inconsistent laws; savings provision

§ 24–407. Repeal of inconsistent laws; savings provision.
All acts or parts of acts inconsistent with the provisions of §§ 22-2601, 24-401 [repealed], 24-402 [repealed], 24-403 to 24-409, and 24-201.26 are hereby repealed; provided, however, that for any felony committed before July 15, 1932, the penalty, sentence, or forfeiture provided by law for such felony at the time such felony was committed shall remain in full force and effect and shall be imposed, notwithstanding said sections.
(July 15, 1932, 47 Stat. 698, ch. 492, § 7.)
Prior Codifications
1981 Ed., § 24-207.
1973 Ed., § 24-207.
References in Text
Sections 24-401 and 24-402, referred to in this section, were repealed by the Act of July 17, 1947, 61 Stat. 379, ch. 263, § 7.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter I - General Provisions › § 24–408. Prisoners who may be paroled

§ 24–408. Prisoners who may be paroled.
(a) The power of the Board of Parole shall extend to all prisoners whose sentences exceed 180 days regardless of the nature of the offense; provided, that in the case of a prisoner convicted of an offense other than a felony, including violations of municipal regulations and ordinances and Acts of Congress in the nature of municipal regulations and ordinances, the prisoner may not be paroled until he has served one-third of the sentence imposed, and in the case of 2 or more sentences for other than a felony, no parole may be granted until after the prisoner has served one-third of the aggregate sentences imposed.
(a-1) Notwithstanding any other provision of law, subsection (a) of this section shall not apply to any offense committed on or after August 5, 2000.
(b) A person convicted of a crime of violence as defined by § 22-4501, shall not be paroled prior to serving 85% of the minimum sentence imposed; provided, that any mandatory minimum sentence shall be served in its entirety.
(July 15, 1932, 47 Stat. 698, ch. 492, § 9; June 6, 1940, 54 Stat. 242, ch. 254, § 7(a); July 17, 1947, 61 Stat. 379, ch. 263, § 6; Aug. 20, 1994, D.C. Law 10-151, § 801, 41 DCR 2608; June 8, 2001, D.C. Law 13-302, § 8(c), 47 DCR 7249.)
Prior Codifications
1981 Ed., § 24-208.
1973 Ed., § 24-208.
Section References
This section is referenced in § 24-463.
Effect of Amendments
D.C. Law 13-302 added subsec. (a-1).
Emergency Legislation
For temporary amendment of section, see § 801 of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).
For temporary (90-day) amendment of section, see § 8(c) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271).
For temporary (90 day) amendment of section, see § 8(c) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).
For temporary (90 day) amendment of section, see § 8(c) 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 § 8(c) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter I - General Provisions › § 24–409. Federal Parole Board

§ 24–409. Federal Parole Board.
The Board of Parole created by § 723a [repealed] of Title 18, United States Code, shall have and exercise the same power and authority over prisoners convicted in the District of Columbia of crimes against the United States or now or hereafter confined in any United States penitentiary or prison (other than the penal institutions of the District of Columbia) as is vested in the District Board of Parole over prisoners confined in the penal institutions of the District of Columbia.
(July 15, 1932, ch. 492, § 10; June 5, 1934, 48 Stat. 880, ch. 391.)
Prior Codifications
1981 Ed., § 24-209.
1973 Ed., § 24-209.
References in Text
Section 723a of Title 18, U.S. Code, referred to in this section, was repealed by the Act of June 25, 1948, 62 Stat. 862, Ch. 645, § 21.
The Board of Indeterminate Sentence and Parole was replaced by the Board of Parole pursuant to the Act of July 17, 1947, 61 Stat. 378, Ch. 263.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter II - Interstate Parole and Probation Compact › § 24–452. Definitions

§ 24–452. Definitions.
As used in this subchapter, the term “state” means any of the several states of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and the District of Columbia, and the term “Governor” means the chief executive officer of any such jurisdiction.
(Mar. 12, 1976, D.C. Law 1-51, § 3, 22 DCR 5299.)
Prior Codifications
1981 Ed., § 24-252.
1973 Ed., § 24-252.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter II - Interstate Parole and Probation Compact › § 24–453. Severability

§ 24–453. Severability.
If any section or provision of this subchapter is held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the remaining sections or provisions of this subchapter.
(Mar. 12, 1976, D.C. Law 1-51, § 4, 22 DCR 5299.)
Prior Codifications
1981 Ed., § 24-253.
1973 Ed., § 24-253.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter III - Medical and Geriatric Parole › § 24–461. Definitions

§ 24–461. Definitions.
For the purposes of this subchapter, the term:
(1) “Geriatric inmate” means a person 65 years of age or older convicted of a violation of a District of Columbia criminal law by a court in the District of Columbia, who suffers from a chronic infirmity, illness, or disease related to aging, and poses a low risk to the community;
(2) “Permanently incapacitated inmate” means a person convicted of a violation of a District of Columbia criminal law by a court in the District of Columbia and who, by reason of an existing physical or medical condition which is not terminal, is permanently and irreversibly physically incapacitated, and who does not constitute a danger to himself or to society; and
(3) “Terminally ill inmate” means a person convicted of a violation of the District of Columbia criminal law by a court in the District of Columbia who has an incurable condition caused by illness or disease which would, within reasonable medical judgment, produce death within 6 months and does not constitute a danger to himself or to society.
(May 15, 1993, D.C. Law 9-271, § 2, 40 DCR 792; June 3, 1997, D.C. Law 11-275, § 16, 44 DCR 1408.)
Prior Codifications
1981 Ed., § 24-261.
Section References
This section is referenced in § 24-462.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter III - Medical and Geriatric Parole › § 24–462. Conditions present at time of sentencing excluded

§ 24–462. Conditions present at time of sentencing excluded.
No physical or medical condition set forth in § 24-461 which existed at the time of sentencing shall provide the basis for geriatric or medical parole under this subchapter.
(May 15, 1993, D.C. Law 9-271, § 3, 40 DCR 792.)
Prior Codifications
1981 Ed., § 24-262.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter III - Medical and Geriatric Parole › § 24–463. Board of Parole authority

§ 24–463. Board of Parole authority.
(a) The Board of Parole (“Board”) shall establish a medical and geriatric parole program to be administered by the Department of Corrections (“Department”). The authority to grant medical or geriatric parole shall rest solely with the Board. The Department shall determine for each person considered for geriatric or medical parole, whether the person is a:
(1) Geriatric inmate;
(2) Permanently incapacitated inmate; or
(3) Terminally ill inmate.
(b) Notwithstanding § 24-408, inmates who have not served their minimum sentences shall be considered eligible for parole under this section. Medical and geriatric parole consideration shall be in addition to any other parole for which an inmate may be eligible.
(c) The Board shall determine the appropriate level of supervision and shall develop a comprehensive discharge plan for each inmate released under this subchapter.
(d) In considering an inmate for medical or geriatric parole, the Board may request that additional medical evidence be produced or that additional medical examinations be conducted.
(e) The parole term of an inmate on medical parole shall be for the remainder of the inmate’s sentence, without diminution of sentence for good behavior. In addition to terms and conditions prescribed by the Board, supervision of an inmate on medical or geriatric parole shall also consist of periodic medical evaluations at intervals to be determined by the Board at the time of release.
(f) The chairperson of the Board shall report annually to the Mayor, the Chairpersons of the Council of the District of Columbia, and the Council’s Committee on the Judiciary, the number of applications for medical and geriatric parole, the nature of the illness, disease, or condition of the applicants, the reasons for denial of applications for medical or geriatric parole, the number of persons on medical and geriatric parole who have been returned to the custody of the Department, and the reasons for their return.
(May 15, 1993, D.C. Law 9-271, § 4, 40 DCR 792.)
Prior Codifications
1981 Ed., § 24-263.
Editor's Notes
Board of Parole abolished: Section 11231(a) and (b) of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-33; 111 Stat. 745), transferred the authority of the Board of Parole to the U.S. Parole Commission and abolished the D.C. Board of Parole.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter III - Medical and Geriatric Parole › § 24–464. Medical parole

§ 24–464. Medical parole.
(a) The Department shall identify permanently incapacitated and terminally ill inmates for consideration for medical parole based solely on medical documentation. The Department shall forward an application and documentation in support of parole eligibility to the Board within 15 days of receipt of an application. The documentation shall include information concerning the inmate’s medical history and prognosis, institutional behavior and adjustment, and criminal history. The inmate or inmate’s representative may submit an application to the Board.
(b) Whenever it shall appear to the Board that because of a medical condition an inmate is permanently incapacitated or terminally ill, and the inmate’s parole is not incompatible with the welfare of society, the Board may authorize the inmate’s release on medical parole upon terms and conditions as the Board shall from time to time prescribe.
(c) The Board shall make a determination whether to grant medical parole within 15 days of receipt of an application and supporting documentation from the Department.
(May 15, 1993, D.C. Law 9-271, § 5, 40 DCR 792.)
Prior Codifications
1981 Ed., § 24-264.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter III - Medical and Geriatric Parole › § 24–465. Conditions for geriatric release

§ 24–465. Conditions for geriatric release.
(a) A geriatric inmate who is 65 years of age or older, has a chronic infirmity, illness, or disease, and who poses a low risk to the community, may be eligible for parole as determined by the Board.
(b) Consideration for geriatric parole shall be initiated by the submission of an application from the Department, the inmate, or the inmate’s representative and the Department’s supporting documentation to the Board.
(c) In determining eligibility for geriatric release, the Board shall take into consideration the following factors:
(1) Age of inmate;
(2) Severity of illness, disease, or infirmities;
(3) Comprehensive health evaluation;
(4) Institutional behavior;
(5) Level of risk for violence;
(6) Criminal history; and
(7) Alternatives to maintaining geriatric long-term prisoners in traditional prison settings.
(d) The Department shall submit an application for geriatric release with supporting documentation to the Board within 30 days of receipt of an application.
(e) The Board shall make a determination whether to grant geriatric parole within 30 days of receipt of the application and supporting documentation from the Department.
(May 15, 1993, D.C. Law 9-271, § 6, 40 DCR 792.)
Prior Codifications
1981 Ed., § 24-265.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter III - Medical and Geriatric Parole › § 24–466. Eligibility for public assistance

§ 24–466. Eligibility for public assistance.
(a) When a person has been granted either medical or geriatric parole and applies for public assistance, including medical assistance, the Department shall forward the application for assistance to the Department of Human Services, and advise the Board that an application for assistance has been made.
(b) The Department of Human Services shall, within 60 days of receipt of a medical or geriatric parolee’s application for assistance, determine the eligibility of the person for general assistance, public assistance, Medicaid, or any other District or federal medical assistance program.
(c) Repealed.
(d) Notwithstanding any other law, when a person is released on medical or geriatric parole and is in need of public assistance, including medical assistance, the Department of Human Services shall be responsible for the administrative costs of the initial and any subsequent eligibility determination and the costs of any public assistance, including medical assistance, following a person’s release on medical or geriatric parole for so long as the person is eligible.
(May 15, 1993, D.C. Law 9-271, § 7, 40 DCR 792; Mar. 20, 1998, D.C. Law 12-60, § 704, 44 DCR 7378.)
Prior Codifications
1981 Ed., § 24-266.
Emergency Legislation
For temporary amendment of section, see § 5 of the General Public Assistance Program Termination Emergency Amendment Act of 1997 (D.C. Act 12-72, May 12, 1997, 44 DCR 2989).
For temporary amendment of section, see § 704 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and § 704 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).
Temporary Legislation
Section 5 of D.C. Law 12-21 deleted “general or” preceding “public” in (a); and repealed (c).
Section 8(b) of D.C. Law 12-21 provided that the act shall expire on the 225th day of its having taken effect.
Section 704 of D.C. Law 12-59 deleted “general or” preceding “public” in (a); and repealed (c).
Section 2001(b) of D.C. Law 12-59 provided the act shall expire after 225 days of its having taken effect.
Section 2002 of D.C. Law 12-59 provided that the act shall apply as of October 1, 1997.
Editor's Notes
Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4 - Indeterminate Sentences and Paroles › Subchapter III - Medical and Geriatric Parole › § 24–467. Exceptions

§ 24–467. Exceptions.
Persons convicted of first degree murder or persons sentenced for crimes committed when armed under § 22-4502, or under § 22-4504(b), or under § 22-2803, shall not be eligible for geriatric parole or geriatric suspension of sentence.
(May 15, 1993, D.C. Law 9-271, § 8, 40 DCR 792; Feb. 5, 1994, D.C. Law 10-68, § 57, 40 DCR 6311; May 16, 1995, D.C. Law 10-255, § 18, 41 DCR 5193; May 25, 1995, D.C. Law 10-258, § 2, 42 DCR 238; June 15, 2013, D.C. Law 19-318, § 2(a), 59 DCR 12469.)
Prior Codifications
1981 Ed., § 24-267.
Effect of Amendments
The 2013 amendment by D.C. Law 19-318 substituted “or under § 22-2803” for “and § 22-2803”; and substituted “eligible for geriatric parole or geriatric suspension of sentence” for “eligible for geriatric or medical parole.”
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4A - Clemency Board › § 24–481.01. Short title

§ 24–481.01. Short title.
This chapter may be cited as the "Clemency Board Establishment Act of 2018".
(Dec. 13, 2018, D.C. Law 22-197, § 201, 65 DCR 9554.)
Emergency Legislation
For temporary (90-day) creation of this chapter, see §§ 3111 through 3118 of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4A - Clemency Board › § 24–481.02. Definitions

§ 24–481.02. Definitions.
For the purposes of this chapter, the term:
(1) "Board" means the Clemency Board established in § 24-481.03.
(2) "Clemency" means the power of the President of the United States to modify an individual's criminal sentence through either commutation or pardon.
(3) "Commutation" means a reduction in a sentence or fine imposed on an individual.
(4) Repealed.
(5) "EOM" means the Executive Office of the Mayor.
(6) "Pardon" means the removal of collateral consequences associated with the punishment imposed on an individual, usually granted to restore an individual's civil rights.
(Dec. 13, 2018, D.C. Law 22-197, § 202, 65 DCR 9554; Apr. 21, 2023, D.C. Law 24-344, § 23(a), 70 DCR 635.)
Emergency Legislation
For temporary (90-day) creation of this chapter, see §§ 3111 through 3118 of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4A - Clemency Board › § 24–481.03. Establishment and duties

§ 24–481.03. Establishment and duties.
(a) There is established a Clemency Board within the EOM to review the applications of individuals convicted of violating District laws or regulations and determine which applicants to recommend to the President of the United States for clemency. The EOM's General Counsel shall provide staff, office space, and administrative support to the Board.
(b) The Board shall:
(1) Develop criteria and an application for clemency recommendations and publicize the application procedure;
(2) Review each application and determine, within 6 months after a complete application is received, whether to recommend the application to the President of the United States;
(3) Consider both cases of actual innocence and cases of those who are remorseful and can show that they have been rehabilitated;
(4) Give special consideration to applicants who are terminally ill or elderly, or who no longer present a danger to the community;
(5) Develop criteria for the consideration of an applicant's background, which may include procedures by which the Board obtains information from outside organizations with which the applicant has interacted;
(6) Whenever feasible, conduct in-person, telephone, or video conference hearings with applicants;
(7) Allow applicants to have access to an attorney or non-attorney representative at any hearing before the Board;
(8) When the Board decides to recommend an application to the President of the United States:
(A) Send the application, along with a narrative describing why the Board recommended the application, to the Office of the Pardon Attorney and to the President of the United States; and
(B) Provide notification, to include the applicant's name, to the Chairman of the Council and the chairperson of the Council committee with jurisdiction over judiciary matters; and
(9) Track and publish the number of applications the Board grants and denies, including the number of applications recommended to the President of the United States, in an annual report to the Council and on the EOM's website; provided, that the annual report shall exclude personally identifiable information.
(Dec. 13, 2018, D.C. Law 22-197, § 203, 65 DCR 9554; Apr. 21, 2023, D.C. Law 24-344, § 23(b), 70 DCR 635.)
Emergency Legislation
For temporary (90-day) creation of this chapter, see §§ 3111 through 3118 of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4A - Clemency Board › § 24–481.04. Composition

§ 24–481.04. Composition.
(a) The Board shall consist of the following members:
(1) Five individuals appointed by the Mayor pursuant to § 1-523.01(e), with the following qualifications:
(A) One member who is a returning citizen;
(B) One mental-health professional;
(C) One member with a background in victim's rights or services;
(D) One member of the District of Columbia Bar in good standing, with experience in criminal law; and
(E) One District resident community member;
(2) The Attorney General for the District of Columbia, or the Attorney General's designee; and
(3) The chairperson of the Council committee with jurisdiction over judiciary and public safety matters, or the chairperson's designee.
(b) In addition to the members described in subsection (a) of this section, the Mayor shall invite the Director of the Public Defender Service for the District of Columbia, or the Director's designee, and the United States Attorney for the District of Columbia, or the United States Attorney's designee, to participate as members of the Board.
(c) The Board shall select a chairperson from among the members appointed pursuant to subsection (a)(1) of this section.
(d)(1) At the first meeting of the Board, the Board shall determine what constitutes a quorum for the transaction of business.
(2) Applications for clemency shall be approved for recommendation to the President of the United States by a majority vote of the members present and voting.
(e)(1) Board members appointed pursuant to subsection (a)(1) of this section shall serve for terms of 4 years, except as provided in paragraph (2) of this subsection.
(2) Of the members initially appointed under subsection (a)(1) of this section, 3 members shall be appointed to serve for a 4-year term and 2 members shall be appointed to serve for a 3-year term. The terms of the members first appointed pursuant to subsection (a)(1) of this section shall begin on the date by which a majority of the members appointed pursuant to subsection (a)(1) of this section are sworn in, which shall become the anniversary date for all subsequent appointments.
(Dec. 13, 2018, D.C. Law 22-197, § 204, 65 DCR 9554; Apr. 21, 2023, D.C. Law 24-344, § 23(c), 70 DCR 635.)
Emergency Legislation
For temporary (90-day) creation of this chapter, see §§ 3111 through 3118 of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4A - Clemency Board › § 24–481.05. Eligibility for a clemency recommendation

§ 24–481.05. Eligibility for a clemency recommendation.
(a) All individuals convicted of violating District laws or regulations shall be eligible to apply for a clemency recommendation from the Board.
(b) No application for a clemency recommendation shall be filed pursuant to this chapter if other forms of judicial or administrative relief are available based on existing law and already-discovered evidence.
(c) The application criteria developed by the Board, pursuant to § 24-481.03(b)(1), for applicants seeking a pardon shall require the applicant to:
(1) Before applying, wait 5 years after the date of the release of the applicant from confinement or, in case no prison sentence was imposed, wait 5 years after the date of the conviction of the applicant;
(2) Not have been convicted of any other criminal offense that is relevant to the conviction for which the applicant seeks clemency, as determined by the Board;
(3) Not be subject to any pending criminal charge that is relevant to the conviction for which the applicant seeks clemency, as determined by the Board;
(4) Not be a party to a past or pending civil case that is relevant to the conviction for which the applicant seeks clemency, as determined by the Board;
(5) Except for cases of actual innocence, demonstrate that the applicant has been rehabilitated; and
(6) Describe how the receipt of a pardon would help the applicant achieve the applicant's goals and contribute to the community.
(d) The application criteria developed by the Board, pursuant to § 24-481.03(b)(1), for applicants seeking a commutation shall require the applicant to:
(1) Except for cases of actual innocence, demonstrate that the applicant has been rehabilitated; and
(2) Describe how commutation would help the applicant achieve the applicant's goals and contribute to the community.
(e) An applicant shall be given special consideration if the sentencing scheme, including a mandatory-minimum sentence, for the offense for which the applicant was convicted was changed to provide for less severe penalties after the applicant was convicted under the sentencing scheme.
(Dec. 13, 2018, D.C. Law 22-197, § 205, 65 DCR 9554; Apr. 21, 2023, D.C. Law 24-344, § 23(d), 70 DCR 635.)
Emergency Legislation
For temporary (90-day) creation of this chapter, see §§ 3111 through 3118 of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4A - Clemency Board › § 24–481.06. Confidentiality of proceedings

§ 24–481.06. Confidentiality of proceedings.
(a) Proceedings of the Board shall be subject to subchapter IV of Chapter 5 of Title 2, except that the Board shall hold closed sessions when:
(1) Considering applications for clemency recommendations; or
(2) Discussing matters that would allow for the identity of any person who is a subject of the discussion, other than a person who has expressly consented to be identified, to be ascertained.
(b)(1) Persons other than Board members who attend any Board meeting that is closed to the public shall not disclose what occurred at the meeting to anyone who was not in attendance, except insofar as disclosure is necessary for that person to comply with a request for information from the Board.
(2) Board members who attend closed meetings shall not disclose what occurred with anyone who was not in attendance (except other Board members), except insofar as disclosure is necessary to carry out the duties of the Board.
(Dec. 13, 2018, D.C. Law 22-197, § 206, 65 DCR 9554.)
Emergency Legislation
For temporary (90-day) creation of this chapter, see §§ 3111 through 3118 of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4A - Clemency Board › § 24–481.07. Confidentiality of information

§ 24–481.07. Confidentiality of information.
(a) Except as provided by this section, information and records of the Board shall not be disclosed voluntarily, pursuant to a subpoena, in response to a request for discovery in any adjudicative proceeding, or in response to a request made under subchapter II of Chapter 5 of Title 2, nor shall they be introduced into evidence in any administrative, civil, or criminal proceeding.
(b)(1) Information and records of the Board may be disclosed by members of the Board only as necessary to carry out the Board's duties and purposes.
(2) A member of the Board who discloses information pursuant to this chapter shall take all reasonable steps to ensure that the information disclosed, and the persons to whom the information is disclosed, are as limited as possible.
(c) Information and records presented to the Board shall not be immune from subpoena or request for discovery in an adjudicative proceeding or prohibited from being introduced into evidence solely because the information and records were presented to the Board, if the information and records have been obtained through sources other than the Board or its members.
(Dec. 13, 2018, D.C. Law 22-197, § 207, 65 DCR 9554.)
Emergency Legislation
For temporary (90-day) creation of this chapter, see §§ 3111 through 3118 of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 4A - Clemency Board › § 24–481.08. Rules

§ 24–481.08. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.
(Dec. 13, 2018, D.C. Law 22-197, § 208, 65 DCR 9554.)
Emergency Legislation
For temporary (90-day) creation of this chapter, see §§ 3111 through 3118 of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 5 - Insane Defendants › § 24–502. Commitment while serving sentence

§ 24–502. Commitment while serving sentence.
Any person while serving sentence of any court of the District of Columbia for crime, in a District of Columbia penal institution, and who, in the opinion of the Director of the Department of Corrections of the District of Columbia, is mentally ill, shall be referred by such Director to the psychiatrist functioning under § 24-306, and if such psychiatrist certifies that the person is mentally ill, this shall be sufficient to authorize the Director to transfer such person to a hospital for the mentally ill to receive care and treatment during the continuance of his mental illness.
(Mar. 3, 1901, 31 Stat. 1340, ch. 854, § 928; Aug. 9, 1955, 69 Stat. 611, ch. 673, § 2.)
Prior Codifications
1981 Ed., § 24-302.
1973 Ed., § 24-302.
Section References
This section is referenced in § 11-2601.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 5 - Insane Defendants › § 24–503. Restoration to sanity

§ 24–503. Restoration to sanity.
(a) Repealed.
(b) When any person confined in a hospital for the mentally ill while serving sentence shall be restored to mental health within the opinion of the superintendent of the hospital, the superintendent shall certify such fact to the Director of the Department of Corrections of the District of Columbia and such certification shall be sufficient to deliver such person to such Director according to his request.
(Mar. 3, 1901, 31 Stat. 1340, ch. 854, § 929; Aug. 9, 1955, 69 Stat. 611, ch. 673, § 3; May 24, 2005, D.C. Law 15-358, § 202, 52 DCR 2015.)
Prior Codifications
1981 Ed., § 24-303.
1973 Ed., § 24-303.
Effect of Amendments
D.C. Law 15-358 repealed subsec. (a) which had read as follows: “(a) When any person confined in a hospital for the mentally ill, charged with crime and subject to be tried therefor, shall be found competent to stand trial in the opinion of the superintendent of such hospital, the superintendent shall certify such fact to the clerk of the court in which the indictment, information, or charge is pending, in accordance with the procedure specified in § 24-501, and deliver such person to the court according to its proper precept.”
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 5A - Evaluation and Treatment of Incompetent Defendants › § 24–531.02. Competence to proceed — Generally

§ 24–531.02. Competence to proceed — Generally.
(a) A defendant shall not be tried, be sentenced, enter a guilty plea, or be subject to revocation of probation or a transfer proceeding if the court determines that the defendant is incompetent.
(b)(1) Any proceeding to determine whether a defendant is incompetent shall not delay a determination of probable cause to believe that the defendant has committed the offense with which he or she is charged or the defendant’s eligibility for pretrial release or detention pursuant to subchapter I of Chapter 23 of Title 16 or subchapter II of Chapter 13 of Title 23.
(2) A defendant who is otherwise entitled to pretrial release shall not be involuntarily confined or taken into custody solely because the issue of the defendant’s competence has been raised and an examination or treatment has been ordered, unless the court determines that the defendant may be committed as an inpatient for a full competence examination pursuant to § 24-531.03(e) or for competence treatment pursuant to § 24-531.05.
(3) If the court orders a full competence examination or competence treatment on an outpatient basis, the court may order the defendant to appear at a designated time and place for the examination or treatment and may make the appearance a condition of the defendant’s pretrial release.
(c) The prosecutor or defense attorney may file any motion in the underlying criminal case, transfer proceeding, or probation revocation at any time while the defendant is incompetent. The court shall hear and decide any issue presented by the motion if the defendant’s presence is not constitutionally required or, as determined by the court, essential for a fair hearing.
(d) Nothing in this chapter shall be construed to prevent the government or any person from petitioning the court for involuntary civil commitment pursuant to subchapter IV of Chapter 5 of Title 21 [§ 21-541 et seq.] or subchapter IV of Chapter 13 of Title 7 [§ 7-1304.01 et seq.].
(May 24, 2005, D.C. Law 15-358, § 102, 52 DCR 2015.)
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 5A - Evaluation and Treatment of Incompetent Defendants › § 24–531.04. Initial competence determination

§ 24–531.04. Initial competence determination.
(a)(1) A hearing to determine competence of a defendant shall be set:
(A) No more than 30 days from the date the competence examination is ordered for a defendant who is detained or committed for an inpatient examination; and
(B) No more than 45 days from the date the competence examination is ordered for a defendant who is released and ordered to participate in an outpatient examination.
(2) On its own motion or the motion of one of the parties, and for good cause shown, the court may extend the time for the hearing by not more than 15 days.
(b) A defendant is presumed to be competent. Incompetence must be established by a preponderance of the evidence. The burden of proof is on the party asserting incompetence. The court may call its own witnesses and conduct its own inquiry.
(c)(1) At the conclusion of the hearing, the court shall:
(A) Find that the defendant is competent; or
(B) Find that the defendant is incompetent and:
(i) Is likely to attain competence in the foreseeable future or additional time is necessary to assess whether the defendant is likely to attain competence in the foreseeable future; or
(ii) Is unlikely to attain competence in the foreseeable future.
(2) If the court finds the defendant is competent, it shall resume the criminal case or transfer proceeding.
(3) If the court finds the defendant is incompetent and makes either of the findings under paragraph (1)(B)(i) of this subsection, the court shall order treatment for the restoration of competence.
(4) If the court finds the defendant is incompetent and unlikely to attain competence in the foreseeable future, the court shall order either the release of the defendant or further treatment pursuant to § 24-531.06(c)(4).
(May 24, 2005, D.C. Law 15-358, § 104, 52 DCR 2015.)
Section References
This section is referenced in § 24-531.03, § 24-531.05, and § 24-531.08.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 5A - Evaluation and Treatment of Incompetent Defendants › § 24–531.08. Dismissal

§ 24–531.08. Dismissal.
(a) If a defendant charged with any offense other than a crime of violence, as defined in § 23-1331(4), does not attain competence within 180 days of an order for treatment pursuant to § 24-531.05, the charge shall be dismissed without prejudice upon:
(1) The completion of civil commitment proceedings, if a petition for commitment was filed; or
(2) A determination by the court that the time within which the government must file a petition for civil commitment has expired and a petition for civil commitment has not been filed.
(b) If a defendant charged with a crime of violence, as defined in § 23-1331(4), except murder, first degree sexual abuse, or first degree child sexual abuse, has not attained competence within 5 years of the initial order for treatment pursuant to § 24-531.04, the charge shall be dismissed without prejudice.
(c) Any charge dismissed pursuant to subsection (a) or (b) of this section may be refiled if, at any time within the statute of limitations, the defendant attains competence; provided, that a defendant may not be arrested or detained on such a charge unless a court has found that the defendant is competent.
(d) Nothing in this section shall preclude the prosecutor or the defendant from moving to dismiss a case at an earlier time on any appropriate grounds.
(May 24, 2005, D.C. Law 15-358, § 108, 52 DCR 2015.)
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 5A - Evaluation and Treatment of Incompetent Defendants › § 24–531.09. Involuntary medication

§ 24–531.09. Involuntary medication.
(a) Except as set forth in subsection (b) of this section, a defendant who is ordered to submit to a competence examination under § 24-531.03, or a defendant who is determined after a hearing to be incompetent and is ordered by the court to undergo treatment pursuant to § 24-531.05 or § 24-531.06, may not be administered medication involuntarily if the sole purpose for doing so would be to render the defendant competent. For any other purpose, the defendant may be administered medication without his or her consent consistent with § 7-1231.08, and the regulations promulgated thereunder.
(b)(1) The Court may order the involuntary administration of medication for the sole purpose of rendering the defendant competent only if:
(A) It orders the defendant to participate in treatment for restoration of competence pursuant to § 24-531.05; and
(B) The Court determines that the government’s interest in bringing the defendant to trial or proceeding with sentencing, probation revocation, or transfer outweighs the defendant’s interest in refusing medication to render him or her competent.
(2) In making the determination required by paragraph 1(B) of this subsection, the court must find that:
(A) The defendant has been charged with a dangerous crime or a crime of violence as those terms are defined in § 23-1331(3) and (4), respectively;
(B) The administration of medication is substantially likely to render the defendant competent;
(C) The administration of medication is substantially unlikely to have side effects that will significantly interfere with the defendant’s ability to assist counsel in conducting a defense;
(D) Involuntary medication is necessary to further the government’s interest because any less intrusive treatments alternatives are unlikely to render the defendant competent; and
(E) The administration of medication is medically appropriate.
(May 24, 2005, D.C. Law 15-358, § 109, 52 DCR 2015; Mar. 2, 2007, D.C. Law 16-191, § 46, 53 DCR 6794.)
Effect of Amendments
D.C. Law 16-191, in subsec. (a), validated a previously made technical correction.
2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 5A - Evaluation and Treatment of Incompetent Defendants › § 24–531.10. Statements made during the course of competence examination or treatment

§ 24–531.10. Statements made during the course of competence examination or treatment.
(a) Any statement that is obtained during a court-ordered examination, evaluation, or treatment, or any evidence resulting from that statement, is not admissible at any proceeding to determine a defendant’s guilt or innocence or to determine an appropriate sentence, except when the defendant puts his competence or mental health at issue in the proceeding.
(b) Any statement made by the defendant during a court-ordered examination, evaluation, or treatment, or any evidence resulting from that statement, concerning any other event or transaction is not admissible at any proceeding to determine the defendant’s guilt or innocence of any other criminal charges or to determine an appropriate sentence based on those events or transactions, except when the defendant puts his competence or mental health concerning those events or transactions at issue in any legal proceeding.
(May 24, 2005, D.C. Law 15-358, § 110, 52 DCR 2015.)