Chapter 4. Indeterminate Sentences and Paroles.
Subchapter I. General Provisions.
§ 24–401. Board of Indeterminate Sentence and Parole. [Repealed]
Repealed.
§ 24–401.01. Board of Parole — Creation; term of members. [Abolished]
Abolished.
§ 24–401.02. Powers and duties of Board; transfer of employees, official records, etc. from Board of Parole. [Abolished]
Abolished.
§ 24–401.03. Rulemaking. [Abolished]
Abolished.
§ 24–401a. Board of Parole — Created; members; procedural rules; transfer of powers, employees, supplies and appropriations of Board of Indeterminate Sentence and Parole; duties of Parole Executive; cooperation of Department of Corrections. [Repealed]
Repealed.
§ 24–401b. Board of Parole — Created; members; procedural rules; transfer of powers, employees, supplies and appropriations of Board of Indeterminate Sentence and Parole; duties of Parole Executive; cooperation of Department of Corrections. [Repealed]
Repealed.
§ 24–401c. Application for reduction of sentence.
When by reason of his training and response to the rehabilitation program of the Department of Corrections it appears to the Board that there is a reasonable probability that a prisoner will live and remain at liberty without violating the law, and that his immediate release is not incompatible with the welfare of society, but he has not served his minimum sentence, the Board in its discretion may apply to the court imposing sentence for a reduction of his minimum sentence. The court shall have jurisdiction to act upon the application at any time prior to the expiration of the minimum sentence and no hearing shall be required. If a prisoner is serving a sentence for a crime for which a minimum sentence is prescribed by § 24-403(b) his minimum sentence shall not be reduced under this section below the minimum sentence so prescribed.
§ 24–402. Employees of Board of Indeterminate Sentence and Parole. [Repealed]
Repealed.
§ 24–403. Indeterminate sentences; life sentences; minimum sentences.
(a) Except as provided in subsections (b) and (c) of this section, in imposing sentence on a person convicted in the District of Columbia of a felony, the justice or judge of the court imposing such sentence shall sentence the person for a maximum period not exceeding the maximum fixed by law, and for a minimum period not exceeding one-third of the maximum sentence imposed, and any person so convicted and sentenced may be released on parole as herein provided at any time after having served the minimum sentence. Where the maximum sentence imposed is life imprisonment, a minimum sentence shall be imposed which shall not exceed 15 years imprisonment.
(b) The minimum sentence imposed under this section on a person convicted of an assault with intent to commit rape in violation of § 22-401, or of armed robbery in violation of § 22-4502 shall be not less than 2 years if the violation occurs after the person has been convicted in the District of Columbia or elsewhere of a crime of violence as defined in § 22-4501, providing for the control of dangerous weapons in the District of Columbia. The minimum sentence imposed under this section on a person convicted of rape in violation of § 22-4801 [repealed], shall not be less than 7 years if the violation occurs after the person has been convicted in the District of Columbia or elsewhere of a crime of violence, as so defined. The maximum sentence in each case to which this subsection applies shall not be less than 3 times the minimum sentence imposed, and shall not be more than the maximum fixed by law.
(c) For a person convicted of: (1) a violation of § 22-405 (relating to assault with a dangerous weapon on a police officer) occurring after the person has been convicted of a violation of that section or of a felony, either in the District of Columbia or in another jurisdiction; (2) a violation of § 22-4503, providing for the control of dangerous weapons in the District (relating to illegal possession of a pistol [now “firearm”]), occurring after the person has been convicted of violating that section; or (3) a violation of § 22-2501 (relating to possession of implements of crime) occurring after the person has been convicted in the District of Columbia of a violation of that section or of a felony, either in the District of Columbia or in another jurisdiction, the minimum sentence imposed under this section shall not be less than 1 year, and the maximum sentence shall not be less than 3 times the minimum sentence imposed nor more than the maximum fixed by law.
§ 24–403.01. Sentencing, supervised release, and good time credit for felonies committed on or after August 5, 2000.
(a) For any felony committed on or after August 5, 2000, the court shall impose a sentence that:
(1) Reflects the seriousness of the offense and the criminal history of the offender;
(2) Provides for just punishment and affords adequate deterrence to potential criminal conduct of the offender and others; and
(3) Provides the offender with needed educational or vocational training, medical care, and other correctional treatment.
(b)(1) If an offender is sentenced to imprisonment, or to commitment pursuant to § 24-903, under this section, the court shall impose a period of supervision (“supervised release”) to follow release from the imprisonment or commitment.
(2) If the court imposes a sentence of more than one year, the court shall impose a term of supervised release of:
(A) Five years, if the maximum term of imprisonment authorized for the offense is 25 years or more; or
(B) Three years, if the maximum term of imprisonment authorized for the offense is more than one year, but less than 25 years.
(3) If the court imposes a sentence of one year or less, the court shall impose a term of supervised release of:
(A) Not more than 5 years, if the maximum term of imprisonment authorized for the offense is 25 years or more; or
(B) Not more than 3 years, if the maximum term of imprisonment authorized for the offense is more than one year, but less than 25 years.
(4) In the case of a person sentenced for an offense for which registration is required by the Chapter 40 of Title 22, the court may, in its discretion, impose a longer term of supervised release than that required or authorized by paragraph (2) or (3) of this subsection, of:
(A) Not more than 10 years; or
(B) Not more than life if the person is required to register for life.
(5) The term of supervised release commences on the day the offender is released from imprisonment, and runs concurrently with any federal, state, or local term of probation, parole, or supervised release for another offense to which the offender is subject or becomes subject during the term of supervised release. A term of supervised release does not run during any period in which the offender is imprisoned in connection with a conviction for a federal, state, or local crime unless the period of imprisonment is less than 30 days.
(6) Offenders on supervised release shall be subject to the authority of the United States Parole Commission until completion of the term of supervised release. The Parole Commission shall have and exercise the same authority as is vested in the United States District Courts by 18 U.S.C. § 3583(d)-(i), except that:
(A) The procedures followed by the Parole Commission in exercising such authority shall be those set forth in chapter 311 [repealed] of title 18 of the United States Code; and
(B) An extension of a term of supervised release under 18 U.S.C. § 3583(e)(2) may be ordered only by the court upon motion from the Parole Commission.
(7) An offender whose term of supervised release is revoked may be imprisoned for a period of:
(A) Not more than 5 years, if the maximum term of imprisonment authorized for the offense is life or the offense is specifically designated as a Class A felony;
(B) Not more than 3 years, if the maximum term of imprisonment authorized for the offense is 25 years or more, but less than life and the offense is not specifically designated as a Class A felony;
(C) Not more than 2 years, if the maximum term of imprisonment authorized for the offense is 5 years or more, but less than 25 years; or
(D) Not more than 1 year, if the maximum term of imprisonment authorized for the offense is less than 5 years.
(b-1) If the maximum term of imprisonment authorized for an offense is a term of years, the term of imprisonment or commitment imposed by the court shall not exceed the maximum term of imprisonment authorized for the offense less the maximum term of imprisonment authorized upon revocation of supervised release pursuant to subsection (b)(7) of this section. If the maximum term of imprisonment authorized for the offense is up to life or if an offense is specifically designated as a Class A felony, the maximum term of imprisonment authorized upon revocation of supervised release pursuant to subsection (b)(7) shall not be deducted from the maximum term of imprisonment or commitment authorized for such offense.
(b-2)(1) The court may impose a sentence in excess of 60 years for first degree murder or first degree murder while armed, 40 years for second degree murder or second degree murder while armed, or 30 years for armed carjacking, first degree sexual abuse, first degree sexual abuse while armed, first degree child sexual abuse or first degree child sexual abuse while armed, only if:
(A) Thirty-days prior to trial or the entry of a plea of guilty, the prosecutor files an indictment or information with the clerk of the court and a copy of such indictment or information is served on the person or counsel for the person, stating in writing one or more aggravating circumstances to be relied upon; and
(B) One or more aggravating circumstances exist beyond a reasonable doubt.
(2) Aggravating circumstances for first degree murder are set forth in § 22-2104.01. Aggravating circumstances for first degree sexual abuse and first degree child sexual abuse are set forth in § 22-3020. In addition, for all offenses, aggravating circumstances include:
(A) The offense was committed because of the victim’s race, color, religion, national origin, sexual orientation, or gender identity or expression (as defined in § 2-1401.02(12A);
(B) The offense was committed because the victim was or had been a witness in any criminal investigation or judicial proceeding or was capable of providing or had provided assistance in any criminal investigation or judicial proceeding;
(C) The offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody;
(D) The offense was especially heinous, atrocious, or cruel;
(E) The offense involved a drive-by or random shooting;
(F) The offense was committed after substantial planning;
(G) The victim was less than 12 years old or more than 60 years old or vulnerable because of mental or physical infirmity; or
(H) Except where death or serious bodily injury is an element of the offense, the victim sustained serious bodily injury as a result of the offense.
(3) This section does not limit the imposition of a maximum sentence of up to life imprisonment without possibility of release authorized by § 22-1804a; § 22-2104.01; § 22-2106; and § 22-3020.
(c)(1) Except as provided under paragraph (2) of this subsection, a sentence under this section of imprisonment, or of commitment pursuant to § 24-903, shall be for a definite term, which shall not exceed the maximum term allowed by law or be less than any minimum term required by law.
(2) Notwithstanding any other provision of law, if the person committed the offense for which he or she is being sentenced under this section while under 18 years of age:
(A) The court may issue a sentence less than the minimum term otherwise required by law; and
(B) The court shall not impose a sentence of life imprisonment without the possibility of parole or release.
(c-1) A person sentenced under this section to imprisonment, or to commitment pursuant to § 24-903, shall serve the term of imprisonment or commitment specified in the sentence, less any time credited toward service of the sentence under subsection (d) of this section and subject to § 24-403.03, if applicable.
(d) A person sentenced to imprisonment, or to commitment pursuant to § 24-903, under this section may receive good time credit toward service of the sentence only as provided in 18 U.S.C. § 3624(b).
(d) Notwithstanding any other law, a person sentenced to imprisonment, or to commitment pursuant to § 24-903, under this section for any offense may receive good time credit toward service of the sentence only as provided in 18 U.S.C. § 3624(b).
(d-1)(1) A person sentenced to imprisonment under this section for a nonviolent offense may receive up to a one-year reduction in the term the person must otherwise serve if the person successfully completes a substance abuse treatment program in accordance with 18 U.S.C. § 3621(e)(2).
(2) For the purposes of this subsection, the term “nonviolent offense” means any crime other than those included within the definition of “crime of violence” in § 23-1331(4).
(e) The sentence imposed under this section on a person who was over 18 years of age at the time of the offense and was convicted of assault with intent to commit first or second degree sexual abuse or child sexual abuse in violation of § 22-401, or of armed robbery in violation of § 22-4502, shall be not less than 2 years if the violation occurs after the person has been convicted in the District of Columbia or elsewhere of a crime of violence as defined in § 22-4501, providing for the control of dangerous weapons in the District of Columbia. The sentence imposed under this section on a person who was over 18 years of age at the time of the offense and was convicted of first or second degree sexual abuse or child sexual abuse in violation of § 22-3002, § 22-3003, or § 22-3008 through § 22-3010, shall not be less than 7 years if the violation occurs after the person has been convicted in the District of Columbia or elsewhere of a crime of violence, as so defined.
(f) The sentence imposed under this section shall not be less than 1 year for a person who was over 18 years of age at the time of the offense and was convicted of:
(1) Assault with a dangerous weapon on a police officer in violation of § 22-405, occurring after the person has been convicted of a violation of that section or of a felony, either in the District of Columbia or in another jurisdiction;
(2) Illegal possession of a pistol [now “firearm”] in violation of § 22-4503, occurring after the person has been convicted of violating that section; or
(3) Possession of the implements of a crime in violation of § 22-2501, occurring after the person has been convicted of a violation of that section or of a felony, either in the District of Columbia or in another jurisdiction.
(g) In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.
§ 24–403.01a. Good time credit for felony offenses committed before August 5, 2000.
(a)(1) Notwithstanding any other provision of law, a defendant who is serving a term of imprisonment for an offense committed between June 22, 1994, and August 4, 2000, shall be retroactively awarded good time credit toward the service of the defendant's sentence of up to 54 days, or more if consistent with 18 U.S.C. § 3624(b), for each year of the defendant's sentence imposed by the court, subject to determination by the Bureau of Prisons that during those years the defendant has met the conditions provided in 18 U.S.C. § 3624(b).
(2) An award of good time credit pursuant to paragraph (1) of this subsection shall apply to the minimum and maximum term of incarceration, including the mandatory minimum; except, that in the event of a maximum term of life, only the minimum term shall receive good time.
(b)(1) Notwithstanding any other provision of law, a defendant who is serving a term of imprisonment for an offense committed before June 22, 1994, shall be retroactively awarded good time credit toward the service of the defendant's sentence of up to 54 days, or more if consistent with 18 U.S.C. § 3624(b), for each year of the defendant's sentence imposed by the court, subject to determination by the Bureau of Prisons that during those years the defendant has met the conditions provided in 18 U.S.C. § 3624(b).
(2) An award of good time credit pursuant to paragraph (1) of this subsection:
(A) Shall apply to any mandatory minimum term of incarceration; and
(B) Is not intended to modify how the defendant is awarded good time credit toward any portion of the sentence other than the mandatory minimum.
§ 24–403.01b. First Step Act parity in earned time credits.
(a) Any person who has been convicted of a felony offense under District law and successfully completes evidence-based recidivism reduction programming or productive activities, except for those persons determined to be ineligible by the Department of Corrections or Bureau of Prisons because of their conviction for a District offense analogous to an ineligible federal offense, shall earn time credits as follows:
(1) A person shall earn 10 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities, as defined in 18 U.S.C. § 3635, while in the custody of the Department of Corrections or Bureau of Prisons; and
(2) A person determined by the Department of Corrections or Bureau of Prisons to be at a minimum or low risk for recidivating, who, over 2 consecutive assessments, has not increased their risk of recidivism, shall earn an additional 5 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities.
(b) Notwithstanding any other provision of law, time credits earned under this section shall be applied to a person's minimum term of imprisonment to determine the date of eligibility for release on parole and to the person's maximum term of imprisonment to determine the date when release on parole becomes mandatory.
(c) This section shall apply as of December 21, 2018.
§ 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.
§ 24–403.03. Modification of an imposed term of imprisonment for violations of law committed before 25 years of age.
(a) Notwithstanding any other provision of law, the court shall reduce a term of imprisonment imposed upon a defendant for an offense committed before the defendant's 25th birthday if:
(1) The defendant was sentenced pursuant to § 24-403 or § 24-403.01, or was committed pursuant to § 24-903, and has served at least 15 years in prison; and
(2) The court finds, after considering the factors set forth in subsection (c) of this section, that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification.
(b)(1) A defendant convicted as an adult of an offense committed before the defendant's 25th birthday may file an application for a sentence modification under this section. The application shall be in the form of a motion to reduce the sentence. The application may include affidavits or other written material. The application shall be filed with the sentencing court and a copy shall be served on the United States Attorney.
(2) The court may direct the parties to expand the record by submitting additional testimony, examinations, or written materials related to the motion. The court shall hold a hearing on the motion at which the defendant and the defendant's counsel shall be given an opportunity to speak on the defendant's behalf. The court may permit the parties to introduce evidence. The court may consider any records related to the underlying offense.
(3)(A) Except as provided in subparagraph (B) of this paragraph, the defendant shall be present at any hearing conducted under this section unless the defendant waives the right to be present. Any proceeding under this section may occur by video teleconferencing, and the requirement of a defendant's presence is satisfied by participation in the video teleconference.
(B) During a period of time for which the Mayor has declared a public health emergency pursuant to § 7-2304.01, a defendant in the custody of the Bureau of Prisons who committed the offense for which the defendant has filed the application for sentence modification after the defendant's 18th birthday but before the defendant's 25th birthday may not petition the court to return to the Department of Corrections for a proceeding under this section.
(4) The court shall issue an opinion in writing stating the reasons for granting or denying the application under this section, but the court may proceed to sentencing immediately after granting the application.
(c) The court, in determining whether to reduce a term of imprisonment pursuant to subsection (a) of this section, shall consider:
(1) The defendant's age at the time of the offense;
(2) The history and characteristics of the defendant;
(3) Whether the defendant has substantially complied with the rules of the institution to which the defendant has been confined, and whether the defendant has completed any educational, vocational, or other program, where available;
(4) Any report or recommendation received from the United States Attorney;
(5) Whether the defendant has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction;
(6) Any statement, provided orally or in writing, provided pursuant to § 23-1904 or 18 U.S.C. § 3771 by a victim of the offense for which the defendant is imprisoned, or by a family member of the victim if the victim is deceased;
(7) Any reports of physical, mental, or psychiatric examinations of the defendant conducted by licensed health care professionals;
(8) The defendant's family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system;
(9) The extent of the defendant's role in the offense and whether and to what extent another person was involved in the offense;
(10) The diminished culpability of juveniles and persons under age 25, as compared to that of older adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, which counsel against sentencing them to lengthy terms in prison, despite the brutality or cold-blooded nature of any particular crime, and the defendant's personal circumstances that support an aging out of crime; and
(11) Any other information the court deems relevant to its decision.
(d) If the court denies or grants only in part the defendant's 1st application under this section, a court shall entertain a 2nd application under this section no sooner than 3 years after the date that the order on the initial application becomes final. If the court denies or grants only in part the defendant's 2nd application under this section, a court shall entertain a 3rd and final application under this section no sooner than 3 years following the date that the order on the 2nd application becomes final. No court shall entertain a 4th or successive application under this section.
(e)(1) Any defendant whose sentence is reduced under this section shall be resentenced pursuant to § 24-403, § 24-403.01, or § 24-903, as applicable.
(2) Notwithstanding any other provision of law, when resentencing a defendant under this section, the court:
(A) May issue a sentence less than the minimum term otherwise required by law; and
(B) Shall not impose a sentence of life imprisonment without the possibility of parole or release.
(f) The version of this section that was effective from May 10, 2019, to April 27, 2021 shall apply to all proceedings initiated under this section in any District of Columbia court, including any appeals thereof, by defendants who were eligible under this section prior to April 27, 2021 and shall apply to all proceedings under this section in any District of Columbia court, including any appeals thereof, that were pending prior to the April 27, 2021.
(g) In considering applications filed by defendants for offenses committed after the defendant's 18th birthday, the court shall endeavor to prioritize consideration of the applications of defendants who have been incarcerated the longest; except, that the inability to identify those defendants shall not delay the court acting on other applications under this section.
(h) Notwithstanding any other law, if a District government workforce development program requires District residency as a condition of program eligibility, the residency requirement shall be waived for defendants resentenced pursuant to this section.
(i) Beginning in Fiscal Year 2022, the Office of Victim Services and Justice Grants shall, on an annual basis, issue a grant of $200,000 to an organization that provides advocacy, case, management, and legal services, for the purpose of developing and offering restorative justice practices for survivors of violent crimes who seek such practices, such as for survivors impacted by post-conviction litigation.
§ 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.
§ 24–404. Authorization of parole; custody; discharge.
(a) Whenever it shall appear to the United States Parole Commission (“Commission”) that there is a reasonable probability that a prisoner will live and remain at liberty without violating the law, that his or her release is not incompatible with the welfare of society, and that he or she has served the minimum sentence imposed or the prescribed portion of his or her sentence, as the case may be, the Commission may authorize his or her release on parole upon such terms and conditions as the Commission shall from time to time prescribe. While on parole, a parolee shall remain in the legal custody and under the control of the Attorney General of the United States or his or her authorized representative until:
(1) The expiration of the maximum of the term or terms specified in his or her sentence without regard to good time allowance; or
(2) The Commission terminates legal custody over such parolee under subsection (a-1) of this section.
(a-1)(1) Upon its own motion or upon request of a parolee, the Commission may terminate legal custody over the parolee before expiration of the parolee’s sentence.
(2) Two years after a parolee’s release on parole, and at least annually thereafter, the Commission shall review that parolee’s status to determine the need for continued legal custody and may terminate legal custody over the parolee if, in its discretion, the Commission determines that continued legal custody is no longer needed.
(3) Five years after a parolee’s release on parole, the Commission shall terminate legal custody over the parolee unless the Commission determines, after a hearing, that legal custody of the parolee should not be terminated because there is a likelihood that the parolee will violate any criminal law.
(4) If the Commission does not terminate legal custody under paragraph (3) of this subsection, the Commission:
(A) May conduct a hearing annually, if the parolee so requests, to determine whether to terminate legal custody of the parolee; and
(B) Shall conduct a hearing every 2 years to determine whether to terminate legal custody of the parolee.
(5) In calculating a time period under this subsection, the Commission shall exclude:
(A) Any period of release on parole before the most recent such release; and
(B) Any period served in confinement on any other sentence.
(a-2)(1) The provisions of subsection (a-1) of this section shall apply to a person who is on parole on or after May 20, 2009.
(2) For a person released on parole prior to May 20, 2009, determinations by the Commission whether to terminate legal custody under subsection (a-1)(2) or (3) of this section, as applicable, shall be made within one year after May 20, 2009.
(b) Notwithstanding the provisions of subsections (a), (a-1), and (a-2) of this section, the Council of the District of Columbia may promulgate rules and regulations under which the Commission, in its discretion, may discharge a parolee from supervision prior to the expiration of the maximum term or terms for which he was sentenced.
§ 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.
§ 24–406. Hearing after arrest; confinement in non-District institution.
(a) When a prisoner has been retaken upon a warrant issued by the United States Parole Commission (“Commission”), he shall be given an opportunity to appear before the Commission, a member thereof, or an examiner designated by the Commission. At such hearing he may be represented by counsel. The Commission may then, or at any time in its discretion, revoke the parole or modify the terms and conditions thereof. If the order of parole shall be revoked, the prisoner, unless subsequently reparoled, shall serve the remainder of the sentence originally imposed less any commutation for good conduct which may be earned by him after his return to custody. For the purpose of computing commutation for good conduct, the remainder of the sentence originally imposed shall be considered as a new sentence.
(b) Repealed.
(c)(1) Except as provided in paragraphs (2) and (3) of this subsection, a parolee shall receive credit toward completion of the sentence for all time served on parole.
(2) If a parolee is convicted of a crime committed during a period of parole, the Commission:
(A) Shall order that the parolee not receive credit for that period of parole if the crime is punishable by a term of imprisonment of more than one year; or
(B) Shall order that the parolee not receive credit for that period of parole if the crime is punishable by a term of imprisonment of one year or less unless the Commission determines that such forfeiture of credit is not necessary to protect the public welfare.
(3) If, during the period of parole, a parolee intentionally refuses or fails to respond to any reasonable request, order, summons, or warrant of the Commission or any member or agent of the Commission, the Commission may order that the parolee not receive credit for the period of time that the Commission determines that the parolee failed or refused to respond to such a request, order, summons, or warrant.
(d) The provisions of subsection (c) of this section shall apply only to any period of parole that is being served on or after the May 20, 2009, and shall not apply to any period of parole that was revoked prior to the May 20, 2009.
§ 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.
§ 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.
§ 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.
Subchapter II. Interstate Parole and Probation Compact.
§ 24–451. Authority of Mayor to execute Interstate Parole and Probation Compact.
The Mayor of the District of Columbia is hereby authorized to execute a compact on behalf of the District of Columbia with any of the states legally joining therein in the form substantially as set out in this section.
The Contracting States Solemnly Agree That:
(1) It shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact (herein called “sending state”), to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called “receiving state”), while on probation or parole, if
(a) Such person is in fact a resident of or has his family residing within the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person’s being sent there.
Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person. A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted.
(2) Each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.
(3) Duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of the states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state: Provided, however, that if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such a state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.
(4) The duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference.
(5) The Governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.
(6) This compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.
(7) This compact shall continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending six months’ notice in writing of its intention to withdraw from the compact to the other states party hereto.
§ 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.
§ 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.
Subchapter III. Medical and Geriatric Parole.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 24–468. Medical and geriatric suspension of sentence.
(a)(1) Upon a motion by the Director of the Federal Bureau of Prisons, the court may suspend execution of the sentence of any person convicted under the District of Columbia Official Code of a felony or of a felony and a misdemeanor committed on or after August 5, 2000, and sentenced to a determinate term of imprisonment which is not subject to parole and, notwithstanding § 16-710(b), shall impose a period of probation to follow release equal to the period of incarceration that was suspended. A copy of the motion shall be served on the prosecutor and counsel for the inmate.
(2) Upon a motion by the Director of the Department of Corrections, the court may suspend execution of the sentence of any person convicted under the District of Columbia Official Code of a felony committed on or after August 5, 2000, who has not commenced serving that sentence at the Bureau of Prisons or a Bureau of Prisons’ contract facility, including the Department of Corrections, or of any person convicted under the District of Columbia Official Code of a misdemeanor committed on or after August 5, 2000, and, notwithstanding § 16-710(b), shall impose a period of probation to follow release equal to the period of incarceration that was suspended. A copy of the motion shall be served on the prosecutor and counsel for the inmate. This paragraph shall not apply to any person who is physically present in a Department of Corrections facility pursuant to a writ of habeas corpus, at the request of a prosecutor or defense attorney, or because of a parole or supervised release detainer.
(b)(1) The court may suspend execution of a sentence pursuant to subsection (a)(1) or (a)(2) of this section only if, after giving the prosecutor and counsel for the inmate notice and an opportunity to be heard, the court finds that:
(A) The inmate is permanently incapacitated or terminally ill because of a medical condition that was not known to the court at the time of sentencing, and the release of the inmate under supervision is not incompatible with public safety; or
(B) The inmate is 65 years or older and has a chronic infirmity, illness, or disease related to aging, and the release of the inmate under supervision is not incompatible with public safety.
(2) The court shall act expeditiously on any motion submitted by the Director of the Bureau of Prisons or the Director of the Department of Corrections. If the court receives a request directly from an inmate or a representative of an inmate, the court may refer the matter to the Federal Bureau of Prisons or the Department of Corrections, as the case may be, for a motion or a statement of reasons as to why a motion will not be filed.
