198479 Amendments to allow pretrial detainees in addition to sentenced inmates to earn good time credits for participation in educational and vocational programs and services with or without completion of the program in order to account for the ...
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DEPARTMENT OF CORRECTIONS
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NOTICE OF PROPOSED RULEMAKING
The Director of the Department of Corrections, pursuant to the authority set forth under section 5(c) of the Jail Improvement Act of 2003, effective January 30, 2004 (D.C. Law 15-62; D.C. Official Code § 24-201.71(c)) (2007 Supp.), and Mayor’s Order 2006-53 (June 30, 2006), hereby gives notice of his intent to repeal and replace Chapter 6 of Title 28 of the District of Columbia Municipal Regulations (DCMR), in order to allow pretrial detainees in addition to sentenced inmates to earn good time credits for participation in educational and vocational programs and services with or without completion of the program in order to account for the shorter duration of the average length of stay.
The proposed rules will be submitted to the Council for a forty-five (45) day period of review. The Director also hereby gives notice of the intent to adopt these rules, in final, in not less than thirty (30) days from the publication of this notice in the D.C. Register or upon approval of the rules by the Council, whichever occurs later.Chapter 6 of Title 28, DCMR is repealed and replaced with the following:
CHAPTER 6 GOOD TIME CREDITS
600 APPLICABILITY
600.1 This chapter shall apply to every resident of a District of Columbia correctional institution who is a pre-trial detainee or serving a sentence on and after April 11, 1987, imposed after conviction of a violation of a District of Columbia criminal law by a court in the District of Columbia.
601 LIMITATIONS ON CREDITS
601.01 Good time credits shall not reduce the minimum sentence of an inmate convicted of a crime of violence as defined by the District of Columbia Good Time Credits Act of 1986, effective April 11, 1987 (D.C. Law 6-218; D.C. Official Code §24-221.01, et seq.) (2009 Supp.) by more than fifteen percent (15%).
601.02 Good time credit shall not apply to a sentence of civil contempt.
601.03 An inmate may not earn more than twelve (12) good time credits per calendar month under this chapter.
602 PURPOSE AND SCOPE OF GOOD TIME CREDITS
The Department of Corrections awards good time credits to be applied after sentencing to pre-trial detainees or sentenced inmates for anticipated future good conduct and satisfactory performance or progress in rehabilitative programs, work tasks, and special projects. Good time credits for anticipated good behavior and special projects provide inmates with an incentive to maintain good behavior and enroll in institutional programs for purposes of self development and/or rehabilitative objectives. The good time credits for good behavior are revoked when inmates engage in disciplinary violations.
603 APPLICABILITY OF GOOD TIME CREDITS
603.01 Each inmate committed to the Department of Corrections, pretrial or sentenced, may be eligible for credits to be applied to his or her sentence pursuant to the District of Columbia Good Time Credits Act of 1986, effective April 11, 1987 (D.C. Law 6-218; D.C. Official Code § 24-221.01, et seq.) (2009 Supp.), in one (1) or more of the following categories:
(a) Good behavior;
(b) Rehabilitative programs;
(c) Work detail; and
(d) Special projects.
603.02 Credit shall be calculated from the first day of incarceration but will not accrue until the 16th day of incarceration. The credit will apply once an inmate is sentenced. One (1) credit is equal to one (1) day of a reduction in sentence. Except in the case of good behavior credit awarded pursuant to § 603.04, all credits shall accrue for participation in rehabilitative programs, work details, and special projects, in the following manner:
(a) sixteen (16) to twenty (20) days: one (1) credit;
(b) twenty-one (21) to twenty-five (25) days: two (2) credits; and
(c) twenty-six (26) to thirty-one (31) days: three (3) credits.
Participation in any combination of programs during a calendar month shall not accrue more than twelve (12) days of credits regardless of credits earned.
603.03 Once an inmate has been released, either by supervised release or expired release, good time credits awarded during a previous period of incarceration are of no further effect either to shorten the period of supervision or to shorten the period of incarceration which the inmate may be required to serve for violation of supervised release.
603.04 Good behavior credit.
(a) An inmate shall be awarded good behavior credit at the inception of his or her incarceration for anticipated future good behavior and institutional adjustment which will result in the automatic deduction of the inmate’s term of commitment for future good conduct.
(b) The deduction described in paragraph (a) of this subsection shall be calculated from the first date of commitment at a rate of up to three (3) days for each calendar month during the inmate’s commitment.
(c) An inmate may not receive credit under this subsection during any period for which the inmate is not receiving credit for the inmate’s term of commitment including a period where the inmate’s sentence is stayed or the inmate has escaped.
(d) The amount of good behavior credit is subject to disciplinary revocation under § 28-604 of this chapter.
603.05 Rehabilitative programs credit.
(a) An inmate shall be eligible for a good time credit deduction from the inmate’s term of commitment for demonstrating satisfactory progress in one (1) or more self improvement programs.
(b) The deduction described in paragraph (a) of this subsection shall be calculated from the first day the inmate participates in the program at a rate of up to three (3) days for each calendar month of full participation during the inmate’s commitment.
603.06 Work detail credit.
(a) An inmate shall be eligible for a good time credit deduction from the inmate’s term of commitment for demonstrating satisfactory performance of work tasks assigned.
(b) The deduction described in paragraph (a) of this subsection shall be calculated from the first date of assignment and continue through termination from the detail assignment or release from custody at a rate of up to (3) days for each calendar month during the inmate’s commitment.
603.07 Special projects credit.
(a) An inmate shall be eligible for a good time credit deduction from the inmate’s term of commitment for demonstrating satisfactory progress in a designated non-recurring special project.
(b) The deduction described in paragraph (a) of this subsection shall be calculated from the first date of assignment and continue through the completion of the assignment or as long as the inmate is committed to the Department of Corrections, whichever is shorter, at a rate of up to three (3) days for each calendar month during the inmate’s commitment.
604 DISCIPLINARY REVOCATION OF GOOD TIME CREDIT
604.01 Good behavior credit may be revoked as the result of a disciplinary violation imposed by the Department of Corrections pursuant to the procedures set forth in the Department of Corrections Policy on Inmate Discipline and Administrative Housing except as provided in section § 604.03.
604.02 If the inmate has been found guilty of one or more Class I, Class II or Class III offenses, good behavior credits may be revoked during the disciplinary process, as may be appropriate, within the discretion of the Department of Corrections Disciplinary Board in accordance with the following:
(a) Class I Offenses: up to 100% of credits may be revoked.
(b) Class II Offenses: up to 50% of credits may be revoked.
(c) Class III Offenses: up to 25% of credits may be revoked.
604.03 Good time credits for participation in rehabilitative programs, work detail, and special projects, once awarded, may not be revoked.
604.04 Good behavior credit revoked under this section may be restored under § 605.
605 RESTORATION OF REVOKED GOOD BEHAVIOR CREDIT
605.01 An inmate may submit an application for the restoration of good behavior credit revoked under § 604.
605.02 Application as described in § 605.01 shall be made to the Warden, who shall consider the following factors when making a recommendation;
(a) The severity of and circumstances of the disciplinary violation that resulted in revocation;
(b) The inmate’s disciplinary record during the current incarceration;
(c) The inmate’s rehabilitation efforts during the current incarceration period; and
(d) The inmate’s demonstrated positive adjustment since the violation and revocation occurred.
605.03 Good behavior credits may be restored to the inmate at the following rate;
(a) Up to 50 percent (50%) of the total credit revoked if the inmate has been free of any subsequent disciplinary violations for six (6) months; or
(b) Up to 100 percent (100%) of the revoked credit if the inmate has been free of disciplinary violations for twelve (12) months.
605.04 An inmate has no entitlement to approval of restoration of revoked credit.
605.05 An inmate may appeal the Warden’s decision to revoke good behavior credit under § 605.02 to the Director of the Department of Corrections by submitting a letter to the Director.
606 RECORDS MANAGEMENT OF GOOD TIME CREDITS.
606.01 The Director shall maintain a system for administering good time credits for each inmate.
606.02 The record of good time credits shall:
(a) Start from the first date the inmate is committed to the Department of Corrections;
(b) Contain entries reflecting good time credits granted, revoked, or restored; and
(c) Reflect a current and accurate record of good time credits affecting an inmate’s term of commitment.
606.03 The Director shall ensure that staff responsible for maintaining a record of good time credit are notified within five (5) days after:
(a) The first date an inmate is assigned to and subsequently removed from a rehabilitative program, a work detail, or a special project;
(b) Revocation of an inmate’s good behavior credit; and
(c) The Warden’s or Director’s approval to restore an inmate’s revoked good behavior credits.
699 DEFINITIONS
For purposes of this chapter, the following terms shall have the meaning ascribed:
“Department of Corrections facility” - a facility that houses an inmate committed to the District of Columbia Department of Corrections.
“Disciplinary violation” - a guilty finding consistent with the Department of Corrections Policy on Inmate Discipline and Administrative Housing for any institutional Class I, II, and III offenses as defined in Chapter 5 of this Title.
“Disciplinary Board” – a Board established consistent with the Department of Corrections Policy on Inmate Discipline and Administrative Housing that conducts hearings, makes findings and imposes appropriate sanctions for incidents of inmate disciplinary violations.
“Expired Release” - that an inmate’s sentence has expired, requiring the release from incarceration without supervision of an inmate:
(a) Who has actually served the maximum term of commitment under which the inmate is incarcerated pursuant to District of Columbia Good Time Credits Act of 1986, effective April 11, 1987 (D.C. Law 6-218; D.C. Official Code §24-221.01, et seq.) (2009 Supp.); or
(b) Who has served the term of commitment less the diminution credits awarded pursuant to District of Columbia Good Time Credits Act of 1986, effective April 11, 1987 (D.C. Law 6-218; D.C. Official Code §24-221.01, et seq.) (2009 Supp.).
“Good time credit” - means either good behavior credit or other credit earned as a result of participation in various inmate programs.
“Incarceration” - detention resulting from a conviction, sentence, or commitment to the custody of the District of Columbia Department of Corrections.
“Maximum expiration date” - the date an inmate’s term of commitment expires with a period of supervised release to follow.
“Rehabilitative programs credit” - a diminution credit to a sentence pursuant to District of Columbia Good Time Credits Act of 1986, effective April 11, 1987 (D.C. Law 6-218; D.C. Official Code §24-221.01, et seq.) (2009 Supp.) for demonstrating satisfactory progress in programs providing opportunities for self improvement.
“Special projects credit” - a diminution credit to a sentence pursuant to District of Columbia Good Time Credits Act of 1986, effective April 11, 1987 (D.C. Law 6-218; D.C. Official Code §24-221.01, et seq.) (2009 Supp.) for demonstrating satisfactory progress in designated, non-reoccurring special projects.
“Supervised release” - release from incarceration subject to a period of supervision pursuant to D.C. Code § 24-404. District of Columbia Good Time Credits Act of 1986, effective April 11, 1987 (D.C. Law 6-218; D.C. Official Code §24-221.01, et seq.) (2009 Supp.)
“Supervised release date” - the date of release from incarceration computed by subtracting the credits the inmate may be entitled to pursuant to District of Columbia Good Time Credits Act of 1986, effective April 11, 1987 (D.C. Law 6-218; D.C. Official Code §24-221.01, et seq.) (2009 Supp.) from the maximum expiration date.
“Term of commitment” - the period of an inmate’s current incarceration. The term “term of commitment” includes the following:
(a) A single sentence;
(b) A combination of concurrent sentences (a concurrent sentence is two (2) or more sentences that run simultaneously), in which case the term of commitment is the period of commitment between the earliest starting date of those sentences and the latest expiration date of those sentences;
(c) A combination of consecutive sentences (a consecutive sentence is one (1) or more sentence(s) following another in uninterrupted succession), in which case the term of commitment is the period of commitment between the starting date of the first consecutive sentence and the expiration of the last consecutive sentence;
(d) A combination of concurrent and consecutive sentences (aggregated sentences or sentences resulting in a common sentencing scheme), in which case the term of commitment is the period of commitment between the earliest starting date of the sentences and the last expiration date of the sentences;
(e) A combination of sentences imposed before and after release on parole or probation and the probation or parole is revoked, in which case the term of commitment is the period of commitment between the earliest starting date of the sentences and the latest expiration date of the sentences, excluding time out of custody for which credit is not allowed. A parole violation sentence is a period of confinement imposed by the United States Parole Commission. Supervised Release (Probation) is a period of confinement imposed by the court.
“Work detail credit” - a diminution credit to a sentence pursuant to District of Columbia Good Time Credits Act of 1986, effective April 11, 1987 (D.C. Law 6-218; D.C. Official Code §24-221.01, et seq.) (2009 Supp.) for demonstrating satisfactory performance of a work detail assigned pursuant to the institutional work program.
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with the General Counsel, Department of Corrections, 1923 Vermont Avenue, N.W., N102, Washington, D.C. 20001. Copies of these rules may be obtained at the address stated above.
