Code of the District of Columbia

Part D. Population Caps and Design Capacity.


§ 24–201.71. Central Detention Facility requirements.

(a) The number of inmates housed at any one time in the Central Detention Facility shall not exceed the number of persons established by an independent consultant pursuant to subsection (c) of this section.

(b) Within 90 days of January 30, 2004, the Mayor shall develop and submit to the Council for a 30-day period of review, excluding days of Council recess, a plan for establishing the maximum number of inmates that can be housed at any one time within the Central Detention Facility. The plan shall consist of a contract with an independent consultant, who, upon approval of the plan by the Council, will determine the maximum number of inmates that can be housed at any one time within the Central Detention Facility based upon physical capacity, programming, classification system, and housing plan of the Central Detention Facility. If the Council does not approve or disapprove the plan, by resolution, within the 30-day period, the plan shall be deemed disapproved.

(c) The Mayor shall establish, by rule, the maximum number of inmates to be housed at any one time in the Central Detention Facility. The maximum number shall be determined by an independent consultant contracted with by the Mayor pursuant to the plan approved under subsection (b) of this section.

(d) One year following implementation of the population ceiling pursuant to subsection (a) of this section, the Mayor shall evaluate the results of the Central Detention Facility classification system, housing plan, and population ceiling, and shall propose modifications, if necessary. A copy of the evaluation shall be forwarded to the Council.

(e)(1) The Department of Corrections shall obtain accreditation by the American Correctional Association for the Central Detention Facility within 4 years of January 30, 2004, and shall meet all American Correctional Association requirements for recertification of the facility.

(2) Within 210 days of January 30, 2004, the Mayor shall forward to the Council an implementation plan by which the Department shall achieve accreditation for the Central Detention Facility by the American Correctional Association.


(Jan. 30, 2004, D.C. Law 15-62, § 5, 50 DCR 6574.)

Emergency Legislation

For temporary (90 day) Central Detention facility requirements, see § 4 of Jail Improvement Emergency Amendment Act of 2003 (D.C. Act 15-188, October 24, 2003, 50 DCR 9495).

Editor's Notes

Section 8 of D.C. Law 15-62 provided: “Sec. 8. Applicability. Section 5(a) shall apply 210 days after the effective date of this act.”

Delegation of Authority

Delegation of Authority Pursuant to D.C. Law 16-62, the District of Columbia Hail Improvement Amendment Act of 2003, see Mayor’s Order 2006-53, May 9, 2006 ( 53 DCR 5305).

Resolutions

Resolution 15-484, the “Central Detention Facility Plan Emergency Approval Resolution of 2004”, was approved March 2, 2004.


§ 24–201.72. New housing or facilities for use as prisons; rated design capacity.

(a) After January 30, 2004, all new housing or facilities purchased, leased, constructed, or converted by the Department for use as a prison, except as provided in subsection (b) of this section, shall have only single occupancy rooms or cells and shall comply with all applicable federal and District of Columbia laws.

(b) Multiple occupancy or dormitory-style housing or facilities may be used in minimum security conditions only; provided, that the housing or facilities meet all applicable American Correctional Association standards related to multiple occupancy housing.

(c) After January 30, 2004, rated design capacity shall not include trailers, modular units, or bed space not designed for prison housing.

(d) In Fiscal Year 2004, the Department shall use not less than $1.43 million of its appropriated funds to procure, in accordance with the requirements of this section, additional bed space for prisoners who otherwise would be housed within the Central Detention Facility of the D.C. Jail.

(e) For the purposes of this section, the term “rated design capacity” means the actual bed space in a prison facility as certified by the Department of Corrections utilizing the most recent standards established by the American Correctional Association and consistent with applicable federal and District of Columbia laws.


(Jan. 30, 2004, D.C. Law 15-62, § 6, 50 DCR 6574.)