4767276 Resolution 20-404, “Department of Corrections Central Cellblock Management Clarification Congressional Review Emergency Declaration Resolution of 2014”

A RESOLUTION

 

20-404

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

February 4, 2014

 

To declare the existence of an emergency, due to Congressional review, with respect to the need to clarify the Department of Corrections’ authority over the management and operation of the Central Cellblock at 300 Indiana Avenue, N.W., to include persons detained at a medical facility in the District.

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Department of Corrections Central Cellblock Management Clarification Congressional Review Emergency Declaration Resolution of 2014”.

 

Sec. 2.  (a)  There exists an immediate need to clarify recent amendments to section 2 of An Act To create a Department of Corrections in the District of Columbia, approved June 27, 1946 (60 Stat. 320; D.C. Official Code § 24-211.02).

(b)  The recent amendments transferred the management and operation of the Central Cellblock at 300 Indiana Avenue, N.W., from the Metropolitan Police Department to the Department of Corrections.

(c)  The transfer took effect on October 1, 2013.

(d)  The language establishing the transfer did not include express authority for the Department of Correction to be responsible for persons detained by MPD at medical facilities in the District prior to an initial court appearance.  The proposed clarification would clearly establish that authority.

(e)  Emergency legislation, the Department of Corrections Central Cellblock Management Clarification Emergency Amendment Act of 2013, effective December 6, 2013 (D.C. Act 20-215; 60 DCR 16520), expires on February 18, 2014.

(f) Temporary legislation, the Department of Corrections Central Cellblock Management Clarification Temporary Amendment Act of 2013, signed by the Mayor on December 21, 2013 (D.C. Act 20-239; 60 DCR 32), was transmitted to Congress on January 9, 2014, for the 30-day review period required by section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).

(g)  The temporary legislation is not projected to become law until March 6, 2014; therefore, a Congressional review emergency is needed 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 Department of Corrections Central Cellblock Management Clarification Congressional Review Emergency Amendment Act of 2014 be adopted after a single reading.

 

 Sec  4.  The resolution shall take effect immediately.