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District of Columbia Code Division IV. Criminal Law and Procedure and Prisoners. § 24-101.01. Corrections Information Council.

Current as of January 01, 2024 | Updated by FindLaw Staff

<Text of section applicable upon the date of inclusion of the fiscal effect of D.C. Law 24-344 in an approved budget and financial plan. See, also, section 24-101.01 applicable until the date of inclusion of the fiscal effect of D.C. Law 24-344 in an approved budget and financial plan.>

(a) There is established, as an independent agency of the District government, a Corrections Information Council (“CIC”), which shall be responsible for:

(1) Inspecting all facilities housing detained and incarcerated District residents and individuals accused and convicted of District of Columbia Official Code (“D.C. Code”) violations who are under the jurisdiction of the Bureau of Prisons, the Department of Corrections, a contractor of either agency, or another state or local prison or jail; and

(2) Monitoring the conditions of confinement and treatment of detained and incarcerated District residents and individuals accused and convicted of D.C. Code violations in the facilities listed in paragraph (1) of this subsection.

(b)(1) The CIC shall consist of a Board, an Executive Director, and subordinate personnel.

(2)(A) The Board shall be composed of 5 members, 3 of whom shall be appointed by the Mayor, with the advice and consent of the Council, pursuant to § 1-523.01(e), and 2 of whom shall be appointed by the Council.

(B) Of the members first appointed, the Mayor shall appoint one member for a one-year term. The other mayoral appointee and the Council appointee shall serve 2-year terms. Thereafter, members shall be appointed for terms of 2 years. A member may be reappointed. A person appointed to fill a vacancy on the Board occurring prior to the expiration of a term shall serve for the remainder of the term or until a successor has been appointed.

(C) The Board shall select a chairperson from among the members.

(D) All members shall:

(i) Be District residents; except, that one of the Council appointments may be of a non-District resident; and

(ii) Serve without compensation; except, that to serve without compensation shall not preclude providing reasonable expenses for Board official business, such as travel related to facility inspections.

(3) The Executive Director shall:

(A) Have at least 10 years' experience in corrections or criminal justice agency oversight, such as inspecting and monitoring conditions of confinement;

(B) Be appointed by and report to the Board;

(C) Serve for a term of 3 years, after which time the Executive Director may be reappointed; and

(D) Only be removed from office by the Board for cause.

(c) The Board shall meet at least quarterly to conduct official business. The presence of 2 members shall constitute a quorum necessary for the CIC to take official action, and the CIC may act by an affirmative vote of at least 2 members.

(d) The duties of the Board shall include:

(1) Reporting to the Director of the Bureau of Prisons, the Director of the Department of Corrections, and the Directors of other state and local prisons and jails with recommendations and information regarding matters affecting detained and incarcerated District residents and individuals accused and convicted of D.C. Code violations who are under the jurisdiction of the Bureau of Prisons, the Department of Corrections, a contractor of either agency, or another state or local prison or jail, respectively;

(2) Working with the Executive Director to develop an annual inspection plan of, and inspecting, the facilities listed in subsection (a)(1) of this section;

(3) Selecting and overseeing the performance of the Executive Director;

(4) Approving the reports required in subsection (f) of this section; and

(5) Reviewing the findings of the Executive Director concerning the conditions of confinement of detained and incarcerated District residents and individuals accused and convicted of D.C. Code violations in the facilities listed in subsection (a)(1) of this section, and making recommendations, where appropriate, to the leadership of those facilities, the Mayor, and the Council.

(e) The duties of the Executive Director shall include:

(1) Developing an annual inspection plan of, and inspecting, the facilities listed in subsection (a)(1) of this section, including halfway houses, the Central Detention Facility, the Correctional Treatment Facility, and the Central Cell Block;

(2) Negotiating with the Director of the Bureau of Prisons to provide access to each facility housing District residents and individuals accused and convicted of D.C. Code violations for the purposes of:

(A) Conducting inspections, unannounced, if possible, of all areas accessible to District residents and individuals accused and convicted of D.C. Code violations;

(B) Conducting unmonitored interviews of District residents and individuals accused and convicted of D.C. Code violations; and

(C) Interviewing selected staff at each facility;

(3) Inspecting at least:

(A) Three separate Bureau of Prisons facilities housing District residents and individuals accused and convicted of D.C. Code violations annually; and

(B) Unannounced, each Department of Corrections facility quarterly, including the Central Cell Block;

(4) Reviewing all deaths of detainees or residents in Department of Corrections facilities;

(5) Reviewing complaints made to the CIC from detained and incarcerated District residents and individuals accused and convicted of D.C. Code violations in the facilities listed in subsection (a)(1) of this section;

(6) Reviewing documents related to the conditions of confinement at each facility listed in subsection (a)(1) of this section, including resident files and records, grievances, incident reports, disciplinary reports, use of force reports, medical and psychological records, administrative and policy directives of the facility, and logs, records, and other data maintained by the facility;

(7) Monitoring legislative and policy developments affecting correctional facilities in the United States and making recommendations to the Mayor and the Council on best practices;

(8) Producing and transmitting the reports listed in subsection (f) of this section; and

(9) Reporting the Executive Director's findings related to the duties pursuant this subsection to the Board.

(f)(1) The CIC shall produce and transmit the following reports, at a minimum:

(A) Publicly and to the Mayor, the Chairperson of the Council Committee with jurisdiction over the Department of Corrections, and the Director of the Department of Corrections, within 30 days after each death, a report on each death of a detainee or resident in a Department of Corrections facility;

(B) Publicly and to the Director of the Bureau of Prisons, the Mayor, the Council, and the Director of the Department of Corrections:

(i) Within 60 days after an inspection, a report on each inspection required in subsection (e)(3)(A) of this section, and within 180 days after the transmittal of each report, a follow-up addendum with subsequent actions taken or not taken by the facility;

(ii) Within 60 days before the end of each fiscal year, a report on the conditions of confinement of and programming provided to District of Columbia youth offenders, as that term is defined in § 24-901(6), in the custody of the Bureau of Prisons; and

(iii) A review of the Bureau of Prisons' and Department of Corrections' implementation of recommendations issued by the CIC within the past 5 years; and

(C) Publicly and to the Mayor, the Council, and the Director of the Department of Corrections:

(i) Within 60 days after an inspection, a report on each inspection required in subsection (e)(3)(B) of this section, and within 180 days after the transmittal of each report, a follow-up addendum with subsequent actions taken or not taken by the facility; and

(ii) Within 60 days before the end of each fiscal year, a report on:

(I) The conditions of confinement of detained and incarcerated District residents and individuals accused and convicted of D.C. Code violations who are under the jurisdiction of the Department of Corrections, including physical and behavioral health care;

(II) Contracting for and the provision of food services in Department of Corrections facilities;

(III) The use of force by Department of Corrections personnel;

(IV) The use of safe cells, segregation, disciplinary housing, and the removal of individuals from the general population in Department of Corrections facilities;

(V) Career readiness and educational programming in Department of Corrections facilities; and

(VI) The prevalence of contraband in Department of Corrections facilities and strategies for its reduction.

(g) The Executive Director shall have:

(1) Access to all books, accounts, records, reports, findings and all other papers, things, or property belonging to or in use by any department, agency, or other instrumentality of the District government necessary to facilitate the CIC's duties; and

(2) The right to photograph and video and audio record all areas of the Department of Corrections' facilities.

(h) The CIC is authorized to apply for and receive grants to fund its program activities in accordance with the laws and regulations relating to grant management.

(i)(1) The Chief Financial Officer shall provide financial support services and oversight for the CIC.

(2)(A) The Chief Procurement Officer shall provide contracting and procurement support services and oversight for the CIC.

(B) The CIC is authorized to contract with qualified private organizations or individuals for services in accordance with Chapter 3A of Title 2.

(3) The CIC is authorized to appoint one employee to the Excepted Service established by subchapter IX of Chapter 6 of Title 1.

(j) The Mayor shall provide the CIC with adequate office space that is separate and independent from the Department of Corrections.

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Cite this article: FindLaw.com - District of Columbia Code Division IV. Criminal Law and Procedure and Prisoners. § 24-101.01. Corrections Information Council. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-iv-criminal-law-and-procedure-and-prisoners/dc-code-sect-24-101-01/

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