2023 District of Columbia Code › Title 24 - Prisoners and Their Treatment › Chapter 2 - Prisons and Prisoners › Subchapter II - Department of Corrections › Part A - General › § 24–211.02. Powers; promulgation of rules

§ 24–211.02. Powers; promulgation of rules.
*NOTE: This section includes amendments by emergency legislation that will expire on January 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(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;
(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);
(10) By October 1, 2021, work with the Office of the Attorney General, the Office of the United States Attorney for the District of Columbia, and the Office of Victim Services and Justice Grants to engage representatives of advocacy and legal services organizations for crime survivors' rights in the District to explore potential enhancements to the process for inmate release notifications to crime survivors;
(11) Employ personnel whose sole responsibility shall be the civic engagement and enfranchisement of eligible individuals incarcerated in the Department of Corrections' care or custody, including those responsibilities in § 24-211.08 and designing and implementing a plan to facilitate voting for each election in the Central Detention Facility and Correctional Treatment Facility; and
(12) During school year 2023-2024, provide a free appropriate public education ("FAPE") under the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400
et seq.
) ("IDEA"), and District law to individuals with disabilities who are in its custody and detained in its secure facilities from the age of 18 through the end of the individual's eligibility for FAPE under the IDEA and District law.
(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; Apr. 27, 2021, D.C. Law 23-274, § 1201, 68 DCR 001034; Apr. 27, 2021, D.C. Law 23-277, § 4(a), 67 DCR 13867; Apr. 21, 2023, D.C. Law 24-344, § 10(a), 70 DCR 635; Oct. 11, 2023, D.C. Act 25-230, § 2, 70 DCR 13771.)
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
Applicability of D.C. Law 24-344: § 26 of D.C. Law 24-344 provided that the change made to this section by § 10(a) of D.C. Law 24-344 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.
Section 7211 of D.C. Law 24-45 repealed the applicability provision of section 5 of D.C. Law 23-277 that impacted this section. Therefore the amendment of this section by Law 23-277 has been implemented.
Section 7211 of D.C. Act 24-159 repealed the applicability provision of section 5 of D.C. Law 23-277 that impacted this section. Therefore the amendment of this section by Law 23-277 has been implemented.
Applicability of D.C. Law 23-277: § 5 of D.C. Law 23-277 provided that the change made to this section by § 4(a) of D.C. Law 23-277 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.
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 this section, see § 2 of Special Education for Young Adults in the Custody of the Department of Corrections Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-230, Oct. 11, 2023, 70 DCR 13771).
For temporary (90 days) amendment of this section, see § 2 of Special Education for Young Adults in the Custody of the Department of Corrections Emergency Amendment Act of 2023 (D.C. Act 25-130, June 27, 2023, 70 DCR 7944).
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
For temporary (225 days) amendment of this section, see § 2 of Special Education for Young Adults in the Custody of the Department of Corrections Temporary Amendment Act of 2023 (D.C. Law 25-62, Oct. 5, 2023, 70 DCR 9689).
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.