The Pretrial Services Agency for the District of Columbia (hereafter in this subchapter referred to as the "agency") shall continue in the District of Columbia and shall secure pertinent data and provide for any judicial officer in the District of Columbia or any officer or member of the Metropolitan Police Department issuing citations, reports containing verified information concerning any individual with respect to whom a bail or citation determination is to be made.
(July 29, 1970, 84 Stat. 639, Pub. L. 91-358, title II, § 210(a); Sept. 27, 1978, 92 Stat. 753, Pub. L. 95-388, §§ 1, 2; June 3, 2011, D.C. Law 18- 377, § 16, 58 DCR 1174.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 23-1301.
1973 Ed., § 23-1301.
Effect of Amendments
D.C. Law 18-377 substituted "Pretrial Services Agency for the District of Columbia" for "District of Columbia Pretrial Services Agency".
Emergency Act Amendments
For temporary (90 day) enactments, see §§ 601 and 602 of Enhanced Crime Prevention and Abatement Emergency Amendment Act of 2006 (D.C. Act 16-446, July 21, 2006, 53 DCR 6477).
For temporary (90 day) amendment of section, see § 516 of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see § 516 of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
Legislative History of Laws
For history of Law 18-377, see notes under § 23-546.
As used in this chapter --
(1) the term "judicial officer" means, unless otherwise indicated, the Supreme Court of the United States, the United States Court of Appeals for the District of Columbia Circuit, the District of Columbia Court of Appeals, United States District Court for the District of Columbia, the Superior Court of the District of Columbia or any justice or judge of those courts or a United States commissioner or magistrate; and
(2) the term "bail determination" means any order by a judicial officer respecting the terms and conditions of detention or release (including any order setting the amount of bail bond or any other kind of security) made to assure the appearance in court of --
(A) any person arrested in the District of Columbia; or
(B) any material witness in any criminal proceeding in a court referred to in paragraph (1) of this section.
(July 29, 1970, 84 Stat. 640, Pub. L. 91-358, title II, § 210(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 23-1302.
1973 Ed., § 23-1302.
(a) The agency shall, except when impracticable, interview any person detained pursuant to law or charged with an offense in the District of Columbia who is to appear before a judicial officer or whose case arose in or is before any court named in section 23-1302(1). The interview, when requested by a judicial officer, shall also be undertaken with respect to any person charged with intoxication or a traffic violation. The agency shall seek independent verification of information obtained during the interview, shall secure any such person's prior criminal record which shall be made available by the Metropolitan Police Department, and shall prepare a written report of the information for submission to the appropriate judicial officer. The report to the judicial officer shall, where appropriate, include a recommendation as to whether such person should be released or detained under any of the conditions specified in subchapter II of this chapter. If the agency does not make a recommendation, it shall submit a report without recommendation. The agency shall provide copies of its report and recommendations (if any) to the United States attorney for the District of Columbia or the Corporation Counsel of the District of Columbia, and to counsel for the person concerning whom the report is made. The report shall include but not be limited to information concerning the person accused, his family, his community ties, residence, employment, and prior criminal record, and may include such additional verified information as may become available to the agency.
(b) With respect to persons seeking review under subchapter II of this chapter of their detention or conditions of release, the agency shall review its report, seek and verify such new information as may be necessary, and modify or supplement its report to the extent appropriate.
(c) The agency, when requested by any appellate court or a judge or justice thereof, or by any other judicial officer, shall furnish a report as provided in subsection (a) of this section respecting any person whose case is pending before any such appellate court or judicial officer or in whose behalf an application for a bail determination shall have been submitted.
(d) Any information contained in the agency's files, presented in its report, or divulged during the course of any hearing shall not be admissible on the issue of guilt in any judicial proceeding, but such information may be used in proceedings under sections 23-1327, 23-1328, and 23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent proceeding.
(e) The agency, when requested by a member or officer or designated civilian employee of the Metropolitan Police Department acting pursuant to court rules governing the issuance of citations in the District of Columbia, shall furnish to such member or officer or designated civilian employee a report as provided in subsection (a) of this section.
(f) The preparation and the submission by the agency of its report as provided in this section shall be accomplished at the earliest practicable opportunity.
(g) A judicial officer in making a bail determination shall consider the agency's report and its accompanying recommendation, if any. The judicial officer may order such detention or may impose such terms and set such conditions upon release, including requiring the execution of a bail bond with sufficient solvent sureties as shall appear warranted by the facts, except that such judicial officer may not order any detention or establish any term or condition for release not otherwise authorized by law.
(h) The agency shall --
(1) supervise all persons released on nonsurety release, including release on personal recognizance, personal bond, nonfinancial conditions, or cash deposit or percentage deposit with the registry of the court;
(2) make reasonable effort to give notice of each required court appearance to each person released by the court;
(3) serve as coordinator for other agencies and organizations which serve or may be eligible to serve as custodians for persons released under supervision and advise the judicial officer as to the eligibility, availability, and capacity of such agencies and organizations;
(4) assist persons released pursuant to subchapter II of this chapter in securing employment or necessary medical or social services;
(5) inform the judicial officer and the United States attorney for the District of Columbia or the Corporation Counsel of the District of Columbia of any failure to comply with pretrial release conditions or the arrest of persons released under its supervision and recommend modifications of release conditions when appropriate;
(6) prepare, in cooperation with the United States marshal for the District of Columbia and the United States attorney for the District of Columbia, such pretrial detention reports as are required by Rule 46 (h) of the Federal Rules of Criminal Procedure; and
(7) perform such other pretrial functions as the executive committee may, from time to time, assign.
(July 29, 1970, 84 Stat. 640, Pub. L. 91-358, Title II, § 210(a); June 12, 1999, D.C. Law 12-284, § 8(c), 46 DCR 1328.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 23-1303.
1973 Ed., § 23-1303.
Temporary Amendments of Section
Section 8(c) of D.C. Law 12-(Act 12-492), in (e), inserted "or designated civilian employee" twice, and added "of this section."
Section 13(b) of D.C. Law 12-(Act 12-492) provided that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 3(b) of the Zero Tolerance for Guns Congressional Adjournment Emergency Amendment Act of 1996 (D.C. Act 11-436, December 4, 1996, 43 DCR 6651), and see § 3(b) of the Zero Tolerance for Guns Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-35, March 11, 1997, 44 DCR 1928).
For temporary amendment of section, see § 3 of the Zero Tolerance for Guns Emergency Amendment Act of 1996 (D.C. Act 11-390, August 26, 1996, 43 DCR 4986), § 3(a) of the Zero Tolerance for Guns Congressional Adjournment Emergency Amendment Act of 1996 (D.C. Act 11-436, December 4, 1996, 43 DCR 6651), and § 3(a) of the Zero Tolerance for Guns Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-35, March 11, 1997, 44 DCR 1928).
For temporary amendment of section, see § 8(c) 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).
For temporary amendment of section, see § 8(c) 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 § 8(c) of the Metropolitan Police Department Civilianization Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-13, February 8, 1999, 46 DCR 2333).
Legislative History of Laws
Law 12-282, the "Metropolitan Police Department Civilianization Temporary Amendment Act of 1998," was introduced in Council and assigned Bill No. 12- 709. The Bill was adopted on first and second readings on July 7, 1998, and September 22, 1998, respectively. Signed by the Mayor, it was assigned Act No. 12-492 and transmitted to both Houses of Congress for its review. D.C. Law 12- 282 became effective on May 28, 1999.
Law 12-284, the "Metropolitan Police Department Civilianization Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-710, which was referred to the Judiciary Committee. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor, it was assigned Act No. 12-613 and transmitted to both Houses of Congress for its review. D.C. Law 12-284 became effective on June 12, 1999.
(a) The agency shall be advised by an executive committee of seven members, of which four members shall constitute a quorum. The Executive Committee shall be composed of the following persons or their designees: the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit, the Chief Judge of the United States District Court for the District of Columbia, the Chief Judge of the District of the Columbia Court of Appeals, the Chief Judge of the Superior Court of the District of Columbia, the United States Attorney for the District of Columbia, the Director of the District of Columbia Public Defender Service, and the Director of the Court Services and Offender Supervision Agency for the District of Columbia.
(b) The Chief Judge of the United States Court of Appeals for the District of Columbia Circuit and the Chief Judge of the United States District Court for the District of Columbia, in consultation with the other members of the executive committee, shall appoint a Director of the agency who shall be a member of the bar of the District of Columbia.
(July 29, 1970, 84 Stat. 641, Pub. L. 91-358, title II, § 210(a); Feb. 28, 1987, D.C. Law 6-199, § 2, 34 DCR 519; Oct. 7, 1987, D.C. Law 7-31, § 9, 34 DCR 3789; Aug. 5, 1997, 111 Stat. 761, Pub. L. 105-33, § 11271(a); Oct. 21, 1998, 112 Stat. 2426, Pub. L. 105-274, § 7(c)(2)(C).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 23-1304.
1973 Ed., § 23-1304.
Legislative History of Laws
Law 6-199, the "District of Columbia Pretrial Services Agency Executive Committee Act of 1986," was introduced in Council and assigned Bill No. 6-443, which was referred to the Committee on Judiciary. The Bill was adopted on first and second readings on November 25, 1986 and December 16, 1986, respectively. Signed by the Mayor on January 8, 1987, it was assigned Act No. 6-258 and transmitted to both Houses of Congress for its review.
Law 7-31, the "Boards and Commissions Amendment Act of 1987," was introduced in Council and assigned Bill No. 7-139, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 14, 1987 and May 5, 1987, respectively. Signed by the Mayor on June 1, 1987, it was assigned Act No. 7-26 and transmitted to both Houses of Congress for its review.
The Director of the agency shall be responsible for the supervision and execution of the duties of the agency. The Director shall be compensated as a member of the Senior Executive Service pursuant to subchapter VIII of chapter 53 of title 5, United States Code.
(July 29, 1970, 84 Stat. 642, Pub. L. 91-358, title II, § 210(a); Aug. 5, 1997, 111 Stat. 761, Pub. L. 105-33, § 11271(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 23-1305.
1973 Ed., § 23-1305.
References in Text
"Subchapter VIII of chapter 53 of title 5, United States Code," referred to in this section, is codified at 5 U.S.C. § 5381 et seq.
The Director shall employ a chief assistant who shall be compensated as a member of the Senior Executive Service pursuant to section 5382 of title 5, United States Code. The Director shall employ such agency personnel as may be necessary properly to conduct the business of the agency. All employees other than the chief assistant shall receive compensation that is comparable to levels of compensation established for Federal pretrial services agencies.
(July 29, 1970, 84 Stat. 642, Pub. L. 91-358, title II, § 210(a); Aug. 5, 1997, 111 Stat. 761, Pub. L. 105-33, § 11271(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 23-1306.
1973 Ed., § 23-1306.
The Director shall each year submit to the executive committee and to the Director of the Court Services and Offender Supervision Agency for the District of Columbia a report as to the Pretrial Services Agency's administration of its responsibilities for the previous fiscal year. The Director shall include in the report a statement of financial condition, revenues, and expenses for the past fiscal year.
(July 29, 1970, 84 Stat. 642, Pub. L. 91-358, title II, § 210(a); Apr. 30, 1988, D.C. Law 7-104, § 7(g), 35 DCR 147; Aug. 5, 1997, 111 Stat. 761, Pub. L. 105-33, § 11271(a); Oct. 21, 1998, 112 Stat. 2427 Pub. L. 105- 274, § 7(c)(2)(D).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 23-1307.
1973 Ed., § 23-1307.
Legislative History of Laws
Law 7-104, the "Technical Amendments Act of 1987," was introduced in Council and assigned Bill No. 7-346, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 24, 1987 and December 8, 1987, respectively. Signed by Mayor on December 22, 1987, it was assigned Act No. 7-124 and transmitted to both Houses of Congress for its review.
There are authorized to be appropriated through the State Justice Institute in each fiscal year such sums as may be necessary to carry out the provisions of this subchapter. Funds appropriated by Congress for the District of Columbia Pretrial Services Agency shall be received by the Director of the Court Services and Offender Supervision Agency for the District of Columbia, and shall be disbursed by that Director to and on behalf of the District of Columbia Pretrial Services Agency. The District of Columbia Pretrial Services Agency shall submit to the Director of the Court Services and Offender Supervision Agency for the District of Columbia at the time and in the form prescribed by that Director, reports of its activities and financial position and its proposed budget.
(July 29, 1970, 84 Stat. 642, Pub. L. 91-358, title II, § 210(a); Aug. 5, 1997, 111 Stat. 761, Pub. L. 105-33, § 11271(a); Oct. 21, 1998, 112 Stat. 2427, Pub. L. 105-274, § 7(c)(2)(E).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 23-1308.
1973 Ed., § 23-1308.
Any reference in any law, rule, regulation, document, or record of the United States or the District of Columbia to the District of Columbia Bail Agency shall be deemed to be a reference to the District of Columbia Pretrial Services Agency.
(Sept. 27, 1978, 92 Stat. 753, Pub. L. 95-388, § 3.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 23-1309.
1973 Ed., § 23-1309.
