Code of the District of Columbia

Subchapter I. General Provisions.


§ 24–401. Board of Indeterminate Sentence and Parole. [Repealed]

Repealed.


(July 17, 1947, 61 Stat. 379, ch. 263, § 7.)

Prior Codifications

1981 Ed., § 24-201.


§ 24–401.01. Board of Parole — Creation; term of members. [Abolished]

Abolished.


(Apr. 28, 1988, D.C. Law 7-103, § 2, 34 DCR 8279; Aug. 5, 1997, 111 Stat. 745, Pub. L. 105-33, § 11231(b).)

Prior Codifications

1981 Ed., § 24-201.1.


§ 24–401.02. Powers and duties of Board; transfer of employees, official records, etc. from Board of Parole. [Abolished]

Abolished.


(Apr. 28, 1988, D.C. Law 7-103, § 3, 34 DCR 8279; Aug. 5, 1997, 111 Stat. 745, Pub. L. 105-33, § 11231(b).)

Prior Codifications

1981 Ed., § 24-201.2.


§ 24–401.03. Rulemaking. [Abolished]

Abolished.


(Apr. 28, 1988, D.C. Law 7-103, § 4, 34 DCR 8279; Aug. 5, 1997, 111 Stat. 745, Pub. L. 105-33, § 11231(b).)

Prior Codifications

1981 Ed., § 24-201.3.


§ 24–401a. Board of Parole — Created; members; procedural rules; transfer of powers, employees, supplies and appropriations of Board of Indeterminate Sentence and Parole; duties of Parole Executive; cooperation of Department of Corrections. [Repealed]

Repealed.


(Apr. 28, 1988, D.C. Law 7-103, § 5(a), 34 DCR 8279.)

Prior Codifications

1981 Ed., §§ 24-201a, 24-201b.


§ 24–401b. Board of Parole — Created; members; procedural rules; transfer of powers, employees, supplies and appropriations of Board of Indeterminate Sentence and Parole; duties of Parole Executive; cooperation of Department of Corrections. [Repealed]

Repealed.


(Apr. 28, 1988, D.C. Law 7-103, § 5(a), 34 DCR 8279.)

Prior Codifications

1981 Ed., §§ 24-201a, 24-201b.


§ 24–401c. Application for reduction of sentence.

When by reason of his training and response to the rehabilitation program of the Department of Corrections it appears to the Board that there is a reasonable probability that a prisoner will live and remain at liberty without violating the law, and that his immediate release is not incompatible with the welfare of society, but he has not served his minimum sentence, the Board in its discretion may apply to the court imposing sentence for a reduction of his minimum sentence. The court shall have jurisdiction to act upon the application at any time prior to the expiration of the minimum sentence and no hearing shall be required. If a prisoner is serving a sentence for a crime for which a minimum sentence is prescribed by § 24-403(b) his minimum sentence shall not be reduced under this section below the minimum sentence so prescribed.


(July 17, 1947, 61 Stat. 379, ch. 263, § 4; June 29, 1953, 67 Stat. 92, ch. 159, § 201(b).)

Prior Codifications

1981 Ed., § 24-201c.

1973 Ed., § 24-201c.


§ 24–402. Employees of Board of Indeterminate Sentence and Parole. [Repealed]

Repealed.


(July 17, 1947, 61 Stat. 379, ch. 263, § 7.)

Prior Codifications

1981 Ed., § 24-202.


§ 24–403. Indeterminate sentences; life sentences; minimum sentences.

(a) Except as provided in subsections (b) and (c) of this section, in imposing sentence on a person convicted in the District of Columbia of a felony, the justice or judge of the court imposing such sentence shall sentence the person for a maximum period not exceeding the maximum fixed by law, and for a minimum period not exceeding one-third of the maximum sentence imposed, and any person so convicted and sentenced may be released on parole as herein provided at any time after having served the minimum sentence. Where the maximum sentence imposed is life imprisonment, a minimum sentence shall be imposed which shall not exceed 15 years imprisonment.

(b) The minimum sentence imposed under this section on a person convicted of an assault with intent to commit rape in violation of § 22-401, or of armed robbery in violation of § 22-4502 shall be not less than 2 years if the violation occurs after the person has been convicted in the District of Columbia or elsewhere of a crime of violence as defined in § 22-4501, providing for the control of dangerous weapons in the District of Columbia. The minimum sentence imposed under this section on a person convicted of rape in violation of § 22-4801 [repealed], shall not be less than 7 years if the violation occurs after the person has been convicted in the District of Columbia or elsewhere of a crime of violence, as so defined. The maximum sentence in each case to which this subsection applies shall not be less than 3 times the minimum sentence imposed, and shall not be more than the maximum fixed by law.

(c) For a person convicted of: (1) a violation of § 22-405 (relating to assault with a dangerous weapon on a police officer) occurring after the person has been convicted of a violation of that section or of a felony, either in the District of Columbia or in another jurisdiction; (2) a violation of § 22-4503, providing for the control of dangerous weapons in the District (relating to illegal possession of a pistol [now “firearm”]), occurring after the person has been convicted of violating that section; or (3) a violation of § 22-2501 (relating to possession of implements of crime) occurring after the person has been convicted in the District of Columbia of a violation of that section or of a felony, either in the District of Columbia or in another jurisdiction, the minimum sentence imposed under this section shall not be less than 1 year, and the maximum sentence shall not be less than 3 times the minimum sentence imposed nor more than the maximum fixed by law.


(July 15, 1932, 47 Stat. 697, ch. 492, § 3; June 6, 1940, 54 Stat. 242, ch. 254, § 2; June 29, 1953, 67 Stat. 91, ch. 159, § 201(a); Feb. 26, 1981, D.C. Law 3-113, § 4, 27 DCR 5624.)

Prior Codifications

1981 Ed., § 24-203.

1973 Ed., § 24-203.

Section References

This section is referenced in § 24-401c and § 24-407.

Cross References

Armed offenses, added punishment for committing crime when armed, see § 22-4502.

Assault with intent to kill, rob, rape, or poison, see § 22-401.

Burglary, see § 22-801.

Crime of violence defined, see § 22-4501.

Robbery, see § 22-2801.

Sexual abuse generally, see § 22-3001 et seq.

References in Text

Subsection (b) of this section was added by the Act of June 29, 1953 and originally contained the phrase “armed robbery in violation of section 810 of such Act ( D.C. Code 22-3202).” Section 810 of the Act of March 3, 1901 is found in the Code as § 22-2801 and concerns the crime of robbery. Section 22-3202 § 22-4502, 2001 Ed. concerns the commission of a crime while armed.


§ 24–403.01. Sentencing, supervised release, and good time credit for felonies committed on or after August 5, 2000.

(a) For any felony committed on or after August 5, 2000, the court shall impose a sentence that:

(1) Reflects the seriousness of the offense and the criminal history of the offender;

(2) Provides for just punishment and affords adequate deterrence to potential criminal conduct of the offender and others; and

(3) Provides the offender with needed educational or vocational training, medical care, and other correctional treatment.

(b)(1) If an offender is sentenced to imprisonment, or to commitment pursuant to § 24-903, under this section, the court shall impose a period of supervision (“supervised release”) to follow release from the imprisonment or commitment.

(2) If the court imposes a sentence of more than one year, the court shall impose a term of supervised release of:

(A) Five years, if the maximum term of imprisonment authorized for the offense is 25 years or more; or

(B) Three years, if the maximum term of imprisonment authorized for the offense is more than one year, but less than 25 years.

(3) If the court imposes a sentence of one year or less, the court shall impose a term of supervised release of:

(A) Not more than 5 years, if the maximum term of imprisonment authorized for the offense is 25 years or more; or

(B) Not more than 3 years, if the maximum term of imprisonment authorized for the offense is more than one year, but less than 25 years.

(4) In the case of a person sentenced for an offense for which registration is required by the Chapter 40 of Title 22, the court may, in its discretion, impose a longer term of supervised release than that required or authorized by paragraph (2) or (3) of this subsection, of:

(A) Not more than 10 years; or

(B) Not more than life if the person is required to register for life.

(5) The term of supervised release commences on the day the offender is released from imprisonment, and runs concurrently with any federal, state, or local term of probation, parole, or supervised release for another offense to which the offender is subject or becomes subject during the term of supervised release. A term of supervised release does not run during any period in which the offender is imprisoned in connection with a conviction for a federal, state, or local crime unless the period of imprisonment is less than 30 days.

(6) Offenders on supervised release shall be subject to the authority of the United States Parole Commission until completion of the term of supervised release. The Parole Commission shall have and exercise the same authority as is vested in the United States District Courts by 18 U.S.C. § 3583(d)-(i), except that:

(A) The procedures followed by the Parole Commission in exercising such authority shall be those set forth in chapter 311 [repealed] of title 18 of the United States Code; and

(B) An extension of a term of supervised release under 18 U.S.C. § 3583(e)(2) may be ordered only by the court upon motion from the Parole Commission.

(7) An offender whose term of supervised release is revoked may be imprisoned for a period of:

(A) Not more than 5 years, if the maximum term of imprisonment authorized for the offense is life or the offense is specifically designated as a Class A felony;

(B) Not more than 3 years, if the maximum term of imprisonment authorized for the offense is 25 years or more, but less than life and the offense is not specifically designated as a Class A felony;

(C) Not more than 2 years, if the maximum term of imprisonment authorized for the offense is 5 years or more, but less than 25 years; or

(D) Not more than 1 year, if the maximum term of imprisonment authorized for the offense is less than 5 years.

(b-1) If the maximum term of imprisonment authorized for an offense is a term of years, the term of imprisonment or commitment imposed by the court shall not exceed the maximum term of imprisonment authorized for the offense less the maximum term of imprisonment authorized upon revocation of supervised release pursuant to subsection (b)(7) of this section. If the maximum term of imprisonment authorized for the offense is up to life or if an offense is specifically designated as a Class A felony, the maximum term of imprisonment authorized upon revocation of supervised release pursuant to subsection (b)(7) shall not be deducted from the maximum term of imprisonment or commitment authorized for such offense.

(b-2)(1) The court may impose a sentence in excess of 60 years for first degree murder or first degree murder while armed, 40 years for second degree murder or second degree murder while armed, or 30 years for armed carjacking, first degree sexual abuse, first degree sexual abuse while armed, first degree child sexual abuse or first degree child sexual abuse while armed, only if:

(A) Thirty-days prior to trial or the entry of a plea of guilty, the prosecutor files an indictment or information with the clerk of the court and a copy of such indictment or information is served on the person or counsel for the person, stating in writing one or more aggravating circumstances to be relied upon; and

(B) One or more aggravating circumstances exist beyond a reasonable doubt.

(2) Aggravating circumstances for first degree murder are set forth in § 22-2104.01. Aggravating circumstances for first degree sexual abuse and first degree child sexual abuse are set forth in § 22-3020. In addition, for all offenses, aggravating circumstances include:

(A) The offense was committed because of the victim’s race, color, religion, national origin, sexual orientation, or gender identity or expression (as defined in § 2-1401.02(12A);

(B) The offense was committed because the victim was or had been a witness in any criminal investigation or judicial proceeding or was capable of providing or had provided assistance in any criminal investigation or judicial proceeding;

(C) The offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody;

(D) The offense was especially heinous, atrocious, or cruel;

(E) The offense involved a drive-by or random shooting;

(F) The offense was committed after substantial planning;

(G) The victim was less than 12 years old or more than 60 years old or vulnerable because of mental or physical infirmity; or

(H) Except where death or serious bodily injury is an element of the offense, the victim sustained serious bodily injury as a result of the offense.

(3) This section does not limit the imposition of a maximum sentence of up to life imprisonment without possibility of release authorized by § 22-1804a; § 22-2104.01; § 22-2106; and § 22-3020.

(c)(1) Except as provided under paragraph (2) of this subsection, a sentence under this section of imprisonment, or of commitment pursuant to § 24-903, shall be for a definite term, which shall not exceed the maximum term allowed by law or be less than any minimum term required by law.

(2) Notwithstanding any other provision of law, if the person committed the offense for which he or she is being sentenced under this section while under 18 years of age:

(A) The court may issue a sentence less than the minimum term otherwise required by law; and

(B) The court shall not impose a sentence of life imprisonment without the possibility of parole or release.

(c-1) A person sentenced under this section to imprisonment, or to commitment pursuant to § 24-903, shall serve the term of imprisonment or commitment specified in the sentence, less any time credited toward service of the sentence under subsection (d) of this section and subject to § 24-403.03, if applicable.

(d) A person sentenced to imprisonment, or to commitment pursuant to § 24-903, under this section may receive good time credit toward service of the sentence only as provided in 18 U.S.C. § 3624(b).

(d) Notwithstanding any other law, a person sentenced to imprisonment, or to commitment pursuant to § 24-903, under this section for any offense may receive good time credit toward service of the sentence only as provided in 18 U.S.C. § 3624(b).

(d-1)(1) A person sentenced to imprisonment under this section for a nonviolent offense may receive up to a one-year reduction in the term the person must otherwise serve if the person successfully completes a substance abuse treatment program in accordance with 18 U.S.C. § 3621(e)(2).

(2) For the purposes of this subsection, the term “nonviolent offense” means any crime other than those included within the definition of “crime of violence” in § 23-1331(4).

(e) The sentence imposed under this section on a person who was over 18 years of age at the time of the offense and was convicted of assault with intent to commit first or second degree sexual abuse or child sexual abuse in violation of § 22-401, or of armed robbery in violation of § 22-4502, shall be not less than 2 years if the violation occurs after the person has been convicted in the District of Columbia or elsewhere of a crime of violence as defined in § 22-4501, providing for the control of dangerous weapons in the District of Columbia. The sentence imposed under this section on a person who was over 18 years of age at the time of the offense and was convicted of first or second degree sexual abuse or child sexual abuse in violation of § 22-3002, § 22-3003, or § 22-3008 through § 22-3010, shall not be less than 7 years if the violation occurs after the person has been convicted in the District of Columbia or elsewhere of a crime of violence, as so defined.

(f) The sentence imposed under this section shall not be less than 1 year for a person who was over 18 years of age at the time of the offense and was convicted of:

(1) Assault with a dangerous weapon on a police officer in violation of § 22-405, occurring after the person has been convicted of a violation of that section or of a felony, either in the District of Columbia or in another jurisdiction;

(2) Illegal possession of a pistol [now “firearm”] in violation of § 22-4503, occurring after the person has been convicted of violating that section; or

(3) Possession of the implements of a crime in violation of § 22-2501, occurring after the person has been convicted of a violation of that section or of a felony, either in the District of Columbia or in another jurisdiction.

(g) In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.


(July 15, 1932, 47 Stat. 697, ch. 492, § 3a; as added Oct. 10, 1998, D.C. Law 12-165, § 2, 45 DCR 2980; June 8, 2001, D.C. Law 13-302, § 8(a), 47 DCR 7249; June 19, 2001, D.C. Law 13-313, § 21(c) 48 DCR 1873; May 24, 2005, D.C. Law 15-357, § 302, 52 DCR 1999; June 25, 2008, D.C. Law 17-177, § 14, 55 DCR 3696; June 11, 2013, D.C. Law 19-317, § 312, 60 DCR 2064; Apr. 4, 2017, D.C. Law 21-238, § 306(a), 63 DCR 15312; May 10, 2019, D.C. Law 22-313, § 16(a), 66 DCR 1627.)

Prior Codifications

1981 Ed., § 24-203.1.

Section References

This section is referenced in § 22-722, § 22-1804a, § 22-2001, § 22-2101, § 22-2102, § 22-2103, § 22-2104, § 22-2803, § 22-3002, § 22-3008, § 22-4502, and § 22-4515a.

Effect of Amendments

D.C. Law 13-302, in subsec. (a), substituted “For” for “Notwithstanding any other provision of law, for”; rewrote subsec. (b) which had read:

“(b) If an offender is sentenced to imprisonment, or to commitment pursuant to § 24-903, under this section, the court shall impose an adequate period of supervision to follow release from the imprisonment or commitment.”; added subsecs. (b-1) and (b-2); and, in subsec. (c), in the first sentence, substituted “A” for “In the case of a felony described in § 24-112(h)”, and, in the second sentence, deleted “for such a felony” preceding “shall serve the term”. D.C. Law 13-313, in subsec. (b-2)(1), substituted “first degree child sexual abuse or first degree child sexual abuse while armed” for “first degree child sexual abuse or first degree sexual abuse while armed”.

D.C. Law 15-357 added subsec. (d-1).

D.C. Law 17-177, in subsec. (b-2)(2)(A), substituted “national origin, sexual orientation, or gender identity or expression (as defined in § 2-1401.02(12A))” for “national origin or sexual orientation”.

The 2013 amendment by D.C. Law 19-317 added (g).

Emergency Legislation

For temporary (90-day) amendment of section, see § 8(a) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271). For temporary (90-day) addition of § 24-203.2 1981 Ed., see § 8(b) of the same Act.

For temporary (90 day) amendment of section, see § 8(a) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).

For temporary (90 day) amendment of section, see § 8(a) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).

For temporary (90 day) amendment of section, see § 8(a) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).

For temporary (90 days) amendment of this section, see § 312 of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Editor's Notes

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.


§ 24–403.01a. Good time credit for felony offenses committed before August 5, 2000.

(a)(1) Notwithstanding any other provision of law, a defendant who is serving a term of imprisonment for an offense committed between June 22, 1994, and August 4, 2000, shall be retroactively awarded good time credit toward the service of the defendant's sentence of up to 54 days, or more if consistent with 18 U.S.C. § 3624(b), for each year of the defendant's sentence imposed by the court, subject to determination by the Bureau of Prisons that during those years the defendant has met the conditions provided in 18 U.S.C. § 3624(b).

(2) An award of good time credit pursuant to paragraph (1) of this subsection shall apply to the minimum and maximum term of incarceration, including the mandatory minimum; except, that in the event of a maximum term of life, only the minimum term shall receive good time.

(b)(1) Notwithstanding any other provision of law, a defendant who is serving a term of imprisonment for an offense committed before June 22, 1994, shall be retroactively awarded good time credit toward the service of the defendant's sentence of up to 54 days, or more if consistent with 18 U.S.C. § 3624(b), for each year of the defendant's sentence imposed by the court, subject to determination by the Bureau of Prisons that during those years the defendant has met the conditions provided in 18 U.S.C. § 3624(b).

(2) An award of good time credit pursuant to paragraph (1) of this subsection:

(A) Shall apply to any mandatory minimum term of incarceration; and

(B) Is not intended to modify how the defendant is awarded good time credit toward any portion of the sentence other than the mandatory minimum.


(July 15, 1932, 47 Stat. 697, ch. 492, § 3a-1; as added Apr. 27, 2021, D.C. Law 23-274, § 1203(a), 68 DCR 001034.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 706(b)(1) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).

Temporary Legislation

For temporary (225 days) creation of this section, see § 706(b)(1) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).


§ 24–403.02. Sentencing and good time credit for misdemeanors committed on or after August 5, 2000.

A sentence of incarceration, or of commitment pursuant to § 24-903, for a misdemeanor committed on or after August 5, 2000, shall be for a definite term, which shall not exceed the maximum term allowed by law. A person sentenced to incarceration, or to commitment pursuant to § 24-903, under this section, shall serve the term of incarceration or commitment specified in the sentence, less any time credited toward service of the sentence as provided in § 24-221.01 through § 24-221.05.


(July 15, 1932, 47 Stat. 697, ch. 492, § 3b; as added June 8, 2001, D.C. Law 13-302, § 8(b), 47 DCR 7249.)

Emergency Legislation

For temporary (90 day) amendment of section, see § 8(b) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).

For temporary (90 day) addition of section, see § 8(b) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).

For temporary (90 day) addition of section, see § 8(b) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).


§ 24–403.03. Modification of an imposed term of imprisonment for violations of law committed before 25 years of age.

(a) Notwithstanding any other provision of law, the court shall reduce a term of imprisonment imposed upon a defendant for an offense committed before the defendant's 25th birthday if:

(1) The defendant was sentenced pursuant to § 24-403 or § 24-403.01, or was committed pursuant to § 24-903, and has served at least 15 years in prison; and

(2) The court finds, after considering the factors set forth in subsection (c) of this section, that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification.

(b)(1) A defendant convicted as an adult of an offense committed before the defendant's 25th birthday may file an application for a sentence modification under this section. The application shall be in the form of a motion to reduce the sentence. The application may include affidavits or other written material. The application shall be filed with the sentencing court and a copy shall be served on the United States Attorney.

(2) The court may direct the parties to expand the record by submitting additional testimony, examinations, or written materials related to the motion. The court shall hold a hearing on the motion at which the defendant and the defendant's counsel shall be given an opportunity to speak on the defendant's behalf. The court may permit the parties to introduce evidence. The court may consider any records related to the underlying offense.

(3)(A) Except as provided in subparagraph (B) of this paragraph, the defendant shall be present at any hearing conducted under this section unless the defendant waives the right to be present. Any proceeding under this section may occur by video teleconferencing, and the requirement of a defendant's presence is satisfied by participation in the video teleconference.

(B) During a period of time for which the Mayor has declared a public health emergency pursuant to § 7-2304.01, a defendant in the custody of the Bureau of Prisons who committed the offense for which the defendant has filed the application for sentence modification after the defendant's 18th birthday but before the defendant's 25th birthday may not petition the court to return to the Department of Corrections for a proceeding under this section.

(4) The court shall issue an opinion in writing stating the reasons for granting or denying the application under this section, but the court may proceed to sentencing immediately after granting the application.

(c) The court, in determining whether to reduce a term of imprisonment pursuant to subsection (a) of this section, shall consider:

(1) The defendant's age at the time of the offense;

(2) The history and characteristics of the defendant;

(3) Whether the defendant has substantially complied with the rules of the institution to which the defendant has been confined, and whether the defendant has completed any educational, vocational, or other program, where available;

(4) Any report or recommendation received from the United States Attorney;

(5) Whether the defendant has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction;

(6) Any statement, provided orally or in writing, provided pursuant to § 23-1904 or 18 U.S.C. § 3771 by a victim of the offense for which the defendant is imprisoned, or by a family member of the victim if the victim is deceased;

(7) Any reports of physical, mental, or psychiatric examinations of the defendant conducted by licensed health care professionals;

(8) The defendant's family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system;

(9) The extent of the defendant's role in the offense and whether and to what extent another person was involved in the offense;

(10) The diminished culpability of juveniles and persons under age 25, as compared to that of older adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, which counsel against sentencing them to lengthy terms in prison, despite the brutality or cold-blooded nature of any particular crime, and the defendant's personal circumstances that support an aging out of crime; and

(11) Any other information the court deems relevant to its decision.

(d) If the court denies or grants only in part the defendant's 1st application under this section, a court shall entertain a 2nd application under this section no sooner than 3 years after the date that the order on the initial application becomes final. If the court denies or grants only in part the defendant's 2nd application under this section, a court shall entertain a 3rd and final application under this section no sooner than 3 years following the date that the order on the 2nd application becomes final. No court shall entertain a 4th or successive application under this section.

(e)(1) Any defendant whose sentence is reduced under this section shall be resentenced pursuant to § 24-403, § 24-403.01, or § 24-903, as applicable.

(2) Notwithstanding any other provision of law, when resentencing a defendant under this section, the court:

(A) May issue a sentence less than the minimum term otherwise required by law; and

(B) Shall not impose a sentence of life imprisonment without the possibility of parole or release.

(f) The version of this section that was effective from May 10, 2019, to April 27, 2021 shall apply to all proceedings initiated under this section in any District of Columbia court, including any appeals thereof, by defendants who were eligible under this section prior to April 27, 2021 and shall apply to all proceedings under this section in any District of Columbia court, including any appeals thereof, that were pending prior to the Aprel 27, 2021.

(g) In considering applications filed by defendants for offenses committed after the defendant's 18th birthday, the court shall endeavor to prioritize consideration of the applications of defendants who have been incarcerated the longest; except, that the inability to identify those defendants shall not delay the court acting on other applications under this section.

(h) Notwithstanding any other law, if a District government workforce development program requires District residency as a condition of program eligibility, the residency requirement shall be waived for defendants resentenced pursuant to this section.

(i) Not Funded.


(July 15, 1932, 47 Stat. 697, ch. 492, § 3c; as added Apr. 4, 2017, D.C. Law 21-238, § 306(b), 63 DCR 15312; May 10, 2019, D.C. Law 22-313, § 16(b), 66 DCR 1627; Apr. 27, 2021, D.C. Law 23-274, §§ 1501(a), 601, 68 DCR 001034.)

Applicability

Applicability of D.C. Law 23-274: § 1501 of D.C. Law 23-274 provided that the creation of subsction (i) of this section by § 601 of D.C. Law 23-274 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5 of Criminal Justice Coordinating Council Information Sharing Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-423, Oct. 26, 2020, 67 DCR 12830).

For temporary (90 days) amendment of this section, see § 5 of Criminal Justice Coordinating Council Information Sharing Emergency Amendment Act of 2020 (D.C. Act 23-357, Aug. 5, 2020, 67 DCR 9658).

For temporary (90 days) amendment of this section, see § 5 of Criminal Justice Coordinating Council Information Sharing Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-138, Oct. 23, 2019, 66 DCR 14313).

For temporary (90 days) amendment of this section, see § 5 of Criminal Justice Coordinating Council Information Sharing Emergency Amendment Act of 2019 (D.C. Act 23-106, July 24, 2019, 66 DCR 9754).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 5 of Criminal Justice Coordinating Council Information Sharing Temporary Amendment Act of 2020 (D.C. Law 23-150, Dec. 3, 2020, 67 DCR 9902).

For temporary (225 days) amendment of this section, see § 5 of Criminal Justice Coordinating Council Information Sharing Temporary Amendment Act of 2019 (D.C. Law 23-41, Jan. 10, 2020, 66 DCR 13139).


§ 24–403.04. Motions for compassionate release for individuals convicted of felony offenses.

(a) Notwithstanding any other provision of law, the court shall modify a term of imprisonment imposed upon a defendant if it determines the defendant is not a danger to the safety of any other person or the community, pursuant to the factors to be considered in 18 U.S.C. §§ 3142(g) and 3553(a) and evidence of the defendant's rehabilitation while incarcerated, and:

(1) The defendant has a terminal illness, which means a disease or condition with an end-of-life trajectory;

(2) The defendant is 60 years of age or older and has served at least 20 years in prison; or

(3) Other extraordinary and compelling reasons warrant such a modification, including:

(A) A debilitating medical condition involving an incurable illness, or a debilitating injury from which the defendant will not recover;

(B) Elderly age, defined as a defendant who:

(i) Is 60 years of age or older;

(ii) Has served the lesser of 15 years or 75% of the defendant's sentence; and

(iii) Suffers from a chronic or serious medical condition related to the aging process or that causes an acute vulnerability to severe medical complications or death as a result of COVID-19;

(C) Death or incapacitation of the family member caregiver of the defendant's children; or

(D) Incapacitation of a spouse or a domestic partner when the defendant would be the only available caregiver for the spouse or domestic partner.

(b) Motions brought pursuant to this section may be brought by the United States Attorney's Office for the District of Columbia, the Bureau of Prisons, the United States Parole Commission, or the defendant.

(c) Although a hearing is not required, to provide for timely review of a motion made pursuant to this section and at the request of counsel for the defendant, the court may waive the appearance of a defendant currently held in the custody of the Bureau of Prisons.

(d) For the purposes of this section, the term "COVID-19" means the disease caused by the novel 2019 coronavirus SARS-CoV-2.


(July 15, 1932, 47 Stat. 697, ch. 492, § 3d; as added Apr. 27, 2021, D.C. Law 23-274, § 1203(b), 68 DCR 001034.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 706(b) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).

Temporary Legislation

For temporary (225 days) creation of this section, see § 706(b) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).


§ 24–404. Authorization of parole; custody; discharge.

(a) Whenever it shall appear to the United States Parole Commission (“Commission”) that there is a reasonable probability that a prisoner will live and remain at liberty without violating the law, that his or her release is not incompatible with the welfare of society, and that he or she has served the minimum sentence imposed or the prescribed portion of his or her sentence, as the case may be, the Commission may authorize his or her release on parole upon such terms and conditions as the Commission shall from time to time prescribe. While on parole, a parolee shall remain in the legal custody and under the control of the Attorney General of the United States or his or her authorized representative until:

(1) The expiration of the maximum of the term or terms specified in his or her sentence without regard to good time allowance; or

(2) The Commission terminates legal custody over such parolee under subsection (a-1) of this section.

(a-1)(1) Upon its own motion or upon request of a parolee, the Commission may terminate legal custody over the parolee before expiration of the parolee’s sentence.

(2) Two years after a parolee’s release on parole, and at least annually thereafter, the Commission shall review that parolee’s status to determine the need for continued legal custody and may terminate legal custody over the parolee if, in its discretion, the Commission determines that continued legal custody is no longer needed.

(3) Five years after a parolee’s release on parole, the Commission shall terminate legal custody over the parolee unless the Commission determines, after a hearing, that legal custody of the parolee should not be terminated because there is a likelihood that the parolee will violate any criminal law.

(4) If the Commission does not terminate legal custody under paragraph (3) of this subsection, the Commission:

(A) May conduct a hearing annually, if the parolee so requests, to determine whether to terminate legal custody of the parolee; and

(B) Shall conduct a hearing every 2 years to determine whether to terminate legal custody of the parolee.

(5) In calculating a time period under this subsection, the Commission shall exclude:

(A) Any period of release on parole before the most recent such release; and

(B) Any period served in confinement on any other sentence.

(a-2)(1) The provisions of subsection (a-1) of this section shall apply to a person who is on parole on or after May 20, 2009.

(2) For a person released on parole prior to May 20, 2009, determinations by the Commission whether to terminate legal custody under subsection (a-1)(2) or (3) of this section, as applicable, shall be made within one year after May 20, 2009.

(b) Notwithstanding the provisions of subsections (a), (a-1), and (a-2) of this section, the Council of the District of Columbia may promulgate rules and regulations under which the Commission, in its discretion, may discharge a parolee from supervision prior to the expiration of the maximum term or terms for which he was sentenced.


(July 15, 1932, 47 Stat. 697, ch. 492, § 4; June 6, 1940, 54 Stat. 242, ch. 254, § 3; July 17, 1947, 61 Stat. 378, ch. 263, § 3; May 22, 1965, 79 Stat. 113, Pub. L. 89-24, § 1; May 20, 2009, D.C. Law 17-389, § 3(a), 56 DCR 1196.)

Prior Codifications

1981 Ed., § 24-204.

1973 Ed., § 24-204.

Section References

This section is referenced in § 5-113.05.

Effect of Amendments

D.C. Law 17-389 rewrote subsec. (a); added subsecs. (a-1) and (a-2); and, in subsec. (b), substituted “subsections (a), (a-1), and (a-2)” for “subsection (a)” and substituted “Commission” for “Board of Parole”. Prior to amendment, subsec. (a) read as follows: “(a) Whenever it shall appear to the Board of Parole that there is a reasonable probability that a prisoner will live and remain at liberty without violating the law, that his release is not incompatible with the welfare of society, and that he has served the minimum sentence imposed or the prescribed portion of his sentence, as the case may be, the Board may authorize his release on parole upon such terms and conditions as the Board shall from time to time prescribe. While on parole, a prisoner shall remain in the legal custody and under the control of the Attorney General of the United States or his authorized representative until the expiration of the maximum of the term or terms specified in his sentence without regard to good time allowance.”

Cross References

Notice to chief of police of prisoner release, see § 5-113.05.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(210) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 24–405. Arrest for violation of parole.

If said Board of Parole, or any member thereof, shall have reliable information that a prisoner has violated his parole, said Board, or any member thereof, at any time within the term or terms of the prisoner’s sentence, may issue a warrant to any officer hereinafter authorized to execute the same for the retaking of such prisoner. Any officer of the District of Columbia penal institutions, any officer or designated civilian employee of the Metropolitan Police Department of the District of Columbia, or any federal officer authorized to serve criminal process within the United States to whom such warrant shall be delivered is authorized and required to execute such warrant by taking such prisoner and returning or removing him to the penal institution of the District of Columbia from which he was paroled or to such penal or correctional institution as may be designated by the Attorney General of the United States.


(July 15, 1932, 47 Stat. 698, ch. 492, § 5; June 6, 1940, 54 Stat. 242, ch. 254, § 4; July 17, 1947, 61 Stat. 378, ch. 263, § 2; June 12, 1999, D.C. Law 12-284, § 9, 46 DCR 1328.)

Prior Codifications

1981 Ed., § 24-205.

1973 Ed., § 24-205.

Cross References

Representation of indigents, see §§ 2-1602 and 11-2601.

Rewards for apprehension of parole violators, see § 24-201.27.

Emergency Legislation

For temporary amendment of section, see § 9 of the Metropolitan Police Department Civilianization and Street Solicitation for Prostitution Emergency Amendment Act of 1998 (D.C. Act 12-428, August 6, 1998, 45 DCR 5884), § 9 of the Metropolitan Police Department Civilianization Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-506, November 10, 1998, 45 DCR 8139), and § 9 of the Metropolitan Police Department Civilianization Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-13, February 8, 1999, 46 DCR 2333).

Temporary Legislation

Section 9 of D.C. Law 12-282 inserted “or designated civilian employee.”

Section 13(b) of D.C. Law 12-282 provided that the act shall expire after 225 days of its having taken effect.


§ 24–406. Hearing after arrest; confinement in non-District institution.

(a) When a prisoner has been retaken upon a warrant issued by the United States Parole Commission (“Commission”), he shall be given an opportunity to appear before the Commission, a member thereof, or an examiner designated by the Commission. At such hearing he may be represented by counsel. The Commission may then, or at any time in its discretion, revoke the parole or modify the terms and conditions thereof. If the order of parole shall be revoked, the prisoner, unless subsequently reparoled, shall serve the remainder of the sentence originally imposed less any commutation for good conduct which may be earned by him after his return to custody. For the purpose of computing commutation for good conduct, the remainder of the sentence originally imposed shall be considered as a new sentence.

(b) Repealed.

(c)(1) Except as provided in paragraphs (2) and (3) of this subsection, a parolee shall receive credit toward completion of the sentence for all time served on parole.

(2) If a parolee is convicted of a crime committed during a period of parole, the Commission:

(A) Shall order that the parolee not receive credit for that period of parole if the crime is punishable by a term of imprisonment of more than one year; or

(B) Shall order that the parolee not receive credit for that period of parole if the crime is punishable by a term of imprisonment of one year or less unless the Commission determines that such forfeiture of credit is not necessary to protect the public welfare.

(3) If, during the period of parole, a parolee intentionally refuses or fails to respond to any reasonable request, order, summons, or warrant of the Commission or any member or agent of the Commission, the Commission may order that the parolee not receive credit for the period of time that the Commission determines that the parolee failed or refused to respond to such a request, order, summons, or warrant.

(d) The provisions of subsection (c) of this section shall apply only to any period of parole that is being served on or after the May 20, 2009, and shall not apply to any period of parole that was revoked prior to the May 20, 2009.


(July 15, 1932, 47 Stat. 698, ch. 492, § 6; June 6, 1940, 54 Stat. 242, ch. 254, § 5; July 17, 1947, 61 Stat. 379, ch. 263, § 5; May 20, 2009, D.C. Law 17-389, § 3(b), 56 DCR 1196.)

Prior Codifications

1981 Ed., § 24-206.

1973 Ed., § 24-206.

Section References

This section is referenced in § 5-113.05 and § 24-221.03.

Effect of Amendments

D.C. Law 17-389 rewrote the section, which had read as follows:

“(a) When a prisoner has been retaken upon a warrant issued by the Board of Parole, he shall be given an opportunity to appear before the Board, a member thereof, or an examiner designated by the Board. At such hearing he may be represented by counsel. The Board may then, or at any time in its discretion, terminate the parole or modify the terms and conditions thereof. If the order of parole shall be revoked, the prisoner, unless subsequently reparoled, shall serve the remainder of the sentence originally imposed less any commutation for good conduct which may be earned by him after his return to custody. For the purpose of computing commutation for good conduct, the remainder of the sentence originally imposed shall be considered as a new sentence. The time a prisoner was on parole shall not be taken into account to diminish the time for which he was sentenced.

“(b) In the event a prisoner is confined in, or as a parolee is returned to a penal or correctional institution other than a penal or correctional institution of the District of Columbia, the Board of Parole created by § 723a of Title 18, United States Code, shall have and exercise the same power and authority as the Board of Parole of the District of Columbia had the prisoner been confined in or returned to a penal or correctional institution of the District of Columbia.”

Cross References

Notice to chief of police of prisoner release, see § 5-113.05.

References in Text

Section 723a of Title 18 of the United States Code, referred to in subsection (b) of this section, was repealed by the Act of June 25, 1948, 62 Stat. 862, ch. 645, § 21.


§ 24–407. Repeal of inconsistent laws; savings provision.

All acts or parts of acts inconsistent with the provisions of §§ 22-2601, 24-401 [repealed], 24-402 [repealed], 24-403 to 24-409, and 24-201.26 are hereby repealed; provided, however, that for any felony committed before July 15, 1932, the penalty, sentence, or forfeiture provided by law for such felony at the time such felony was committed shall remain in full force and effect and shall be imposed, notwithstanding said sections.


(July 15, 1932, 47 Stat. 698, ch. 492, § 7.)

Prior Codifications

1981 Ed., § 24-207.

1973 Ed., § 24-207.

References in Text

Sections 24-401 and 24-402, referred to in this section, were repealed by the Act of July 17, 1947, 61 Stat. 379, ch. 263, § 7.


§ 24–408. Prisoners who may be paroled.

(a) The power of the Board of Parole shall extend to all prisoners whose sentences exceed 180 days regardless of the nature of the offense; provided, that in the case of a prisoner convicted of an offense other than a felony, including violations of municipal regulations and ordinances and Acts of Congress in the nature of municipal regulations and ordinances, the prisoner may not be paroled until he has served one-third of the sentence imposed, and in the case of 2 or more sentences for other than a felony, no parole may be granted until after the prisoner has served one-third of the aggregate sentences imposed.

(a-1) Notwithstanding any other provision of law, subsection (a) of this section shall not apply to any offense committed on or after August 5, 2000.

(b) A person convicted of a crime of violence as defined by § 22-4501, shall not be paroled prior to serving 85% of the minimum sentence imposed; provided, that any mandatory minimum sentence shall be served in its entirety.


(July 15, 1932, 47 Stat. 698, ch. 492, § 9; June 6, 1940, 54 Stat. 242, ch. 254, § 7(a); July 17, 1947, 61 Stat. 379, ch. 263, § 6; Aug. 20, 1994, D.C. Law 10-151, § 801, 41 DCR 2608; June 8, 2001, D.C. Law 13-302, § 8(c), 47 DCR 7249.)

Prior Codifications

1981 Ed., § 24-208.

1973 Ed., § 24-208.

Section References

This section is referenced in § 24-463.

Effect of Amendments

D.C. Law 13-302 added subsec. (a-1).

Emergency Legislation

For temporary amendment of section, see § 801 of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).

For temporary (90-day) amendment of section, see § 8(c) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271).

For temporary (90 day) amendment of section, see § 8(c) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).

For temporary (90 day) amendment of section, see § 8(c) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).

For temporary (90 day) amendment of section, see § 8(c) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).


§ 24–409. Federal Parole Board.

The Board of Parole created by § 723a [repealed] of Title 18, United States Code, shall have and exercise the same power and authority over prisoners convicted in the District of Columbia of crimes against the United States or now or hereafter confined in any United States penitentiary or prison (other than the penal institutions of the District of Columbia) as is vested in the District Board of Parole over prisoners confined in the penal institutions of the District of Columbia.


(July 15, 1932, ch. 492, § 10; June 5, 1934, 48 Stat. 880, ch. 391.)

Prior Codifications

1981 Ed., § 24-209.

1973 Ed., § 24-209.

References in Text

Section 723a of Title 18, U.S. Code, referred to in this section, was repealed by the Act of June 25, 1948, 62 Stat. 862, Ch. 645, § 21.

The Board of Indeterminate Sentence and Parole was replaced by the Board of Parole pursuant to the Act of July 17, 1947, 61 Stat. 378, Ch. 263.