3862460 Resolution 19-587, "DOC Inmate Processing and Release Congressional Review Emergency Declaration Resolution of 2012"

A RESOLUTION

 

19-587 

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

October 2, 2012

 

 

To declare the existence of an emergency, due to Congressional review, with respect to the need to amend An Act To create a Department of Corrections in the District of Columbia to expedite the processing of incarcerated individuals released from the Central Detention Facility, to ensure the inmate’s safe release and the safety of the surrounding community, and to require adequate public records be maintained of all releases from the Central Detention Facility.

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “DOC Inmate Processing and Release Congressional Review Emergency Declaration Resolution of 2012”.

 

Sec. 2.  (a)  The persistent practice of the Department of Corrections (“DOC”) of releasing inmates late at night and in the pre-dawn hours of the morning in jumpsuits, without identification, without transportation, without housing, and without resources to secure housing or transportation, prompted the Council to enact the District of Columbia Jail Improvement Amendment Act of 2003, effective January 30, 2004 (D.C. Law 15-62; codified in various cites throughout the D.C. Official Code) (“Jail Improvement Act”).

 (b)  Advocates for inmates were concerned that the people being released late at night would be vulnerable to crime or mistreatment and would be unable to access necessary social services.

(c)   It is important that inmates are released at a time when they can have access to housing and social services, thereby lessening the chance of recidivism.

(d)  Given the twin goals of safe release and ensuring inmates’ liberty interests, it is important that the process for evening and late releases be clarified and strengthened immediately.

(e)  The Council enacted emergency legislation on July 10, 2012, Bill 19-872, which revises language adopted under D.C. Law 18-190 to impose timelines for processing and release of inmates to conform with the decision in Barnes v. District of Columbia, 793 F. Supp.2d 260 (D.D.C. 2011), requires the DOC to improve release processing, and imposes sanctions for the DOC’s failure to meet the timelines under the Bill 19-872.  Bill 19-872 will expire on October 25, 2012.  A permanent version of the legislation, Bill 19-428, is currently pending before Congress for review.

            (f)  This congressional review emergency is necessary to prevent a gap in the law.

 

Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the DOC Inmate Processing and Release Emergency Amendment Act of 2012 be adopted after a single reading.

 

Sec. 4.  This resolution shall take effect immediately