For the purposes of this subchapter, the term:
(1) "CTF" means the Correctional Treatment Facility.
(2) "Deadly force" means force which would likely cause death or serious bodily injury.
(3) "Non-deadly force" means force that normally would neither cause death nor serious bodily injury.
(4) "Private correctional officer" means any full-time or part-time employee of the private operator of the Correctional Treatment Facility or any other privately-operated prison facility housing inmates in the District of Columbia for the District of Columbia Department of Corrections or the Federal Bureau of Prisons, or the subcontractor of any private operator housing inmates in the District of Columbia for the District of Columbia Department of Corrections or the Federal Bureau of Prisons, whose primary responsibility is the supervision, protection, care, and control of inmates assigned to the Correctional Treatment Facility or any other privately-operated prison facility in the District of Columbia.
(5) "Private operator" means any individual, partnership, corporation, or incorporated association bound by contract with the District of Columbia or the United States to operate the Correctional Treatment Facility or any other prison facility housing inmates in the District of Columbia for the District of Columbia Department of Corrections or the Federal Bureau of Prisons.
(June 3, 1997, D.C. Law 11-276, § 2, 44 DCR 1416; May 28, 1999, D.C. Law 12-281, § 2(a)(2), 45 DCR 7991.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-495.1.
Temporary Amendments of Section
Section 2(a) of D.C. Law 12-164 rewrote (4) and (5).
Section 4(b) of D.C. Law 12-164 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary addition of subchapter, see §§ 2-6 of the Correctional Treatment Facility Congressional Review Emergency Act of 1997 (D.C. Act 12-32, March 11, 1997, 44 DCR 1908).
For temporary amendment of section, see § 2(a) of the Correctional Treatment Facility Emergency Amendment Act of 1998 (D.C. Act 12-315, March 31, 1998, 45 DCR 2126), § 2(a) of the Correctional Treatment Facility Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-388, June 29, 1998, 45 DCR 4625), and § 2(a) of the Correctional Treatment Facility Firearms Registration and Health Occupations Licensing Emergency Amendment Act of 1998 (D.C. Act 12-442, September 3, 1998, 45 DCR 6517).
Legislative History of Laws
Law 11-276, the "Correction Treatment Facility Act of 1996," was introduced in Council and assigned Bill No. 11-908, which was referred to the Committee on the Judiciary and the Committee of the Whole. The Bill was adopted on first and second readings on December 3, 1996, and December 17, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-523 and transmitted to both Houses of Congress for its review. D.C. Law 11-276 became effective on June 3, 1997.
Law 12-164, the "Correctional Treatment Facility Temporary Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-578. The Bill was adopted on first and second readings on March 3, 1998, and April 7, 1998, respectively. Signed by the Mayor on April 20, 1998, it was assigned Act No. 12-335 and transmitted to both Houses of Congress for its review. D.C. Law 12- 164 became effective on October 10, 1998.
Law 12-281, the "Correctional Treatment Facility Firearms Registration and Health Occupations Licensing Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-584, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 30 1998, and September 22, 1998, respectively. Signed by the Mayor on October 8, 1998, it was assigned Act No. 12-472 and transmitted to both Houses of Congress for its review. D.C. Law 12-281 became effective on May 28, 1999.
(a) A private correctional officer may carry firearms provided by the private operator only in the following situations:
(1) While patrolling the perimeter grounds of the CTF or any other privately-operated prison facility;
(2) While transporting inmates assigned to the CTF or to any other privately-operated prison facility;
(3) While pursuing inmates assigned to the CTF or to any other privately-operated prison facility who have escaped from the custody of the Department of Corrections or the Federal Bureau of Prisons; and
(4) During a state of emergency as determined by the Department of Corrections or the Federal Bureau of Prisons.
(b) The use of either deadly force or non-deadly force by a private correctional officer employed by the private operator shall at all times be governed by Department of Corrections Order 5010.9, as such order may from time to time be amended or modified. Notwithstanding the provisions of § 22- 4504, a private correctional officer shall have the right to possess and use firearms provided by, and in the course of employment with, the private operator; provided, that such carrying and use is in accordance with the policy established by the Department of Corrections, as set forth in Department Order 5011.1, as such order may from time to time be amended or modified. A private correctional officer shall be authorized to use such firearms only as a last resort, and then only in accordance with Department Order 5011.1.
(c) For the purposes of this section, the private operator shall be considered an organization authorized to register firearms pursuant to subchapter I of Unit A of Chapter 25 of Title 7.
(d) Each private correctional officer shall be trained in the use of force and the use of firearms, in accordance with procedures that have been reviewed by the Department of Corrections. No employee of the private operator shall be authorized to carry and use firearms until such employee has successfully completed a training program for correctional officers that has been approved by the Department of Corrections.
(June 3, 1997, D.C. Law 11-276, § 3, 44 DCR 1416; May 28, 1999, D.C. Law 12-281, §§ 2(b), (c), 45 DCR 7991.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-495.2.
Temporary Amendments of Section
Section 2(b) of D.C. Law 12-164 added "or any other privately-operated prison facility" in (a)(1); added "or to any other privately-operated prison facility" in (a)(2) and (a)(3); added "or the Federal Bureau of Prisons" in (a)(3) and (a)(4); and, substituted "operator" for "contractor" in (c).
Section 4(b) of D.C. Law 12-164 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 2(b) of the Correctional Treatment Facility Emergency Amendment Act of 1998 (D.C. Act 12-315, March 31, 1998, 45 DCR 2126), § 2(b) of the Correctional Treatment Facility Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-388, June 29, 1998, 45 DCR 4625), and § 2(b) and (c) of the Correctional Treatment Facility Firearms Registration and Health Occupations Licensing Emergency Amendment Act of 1998 (D.C. Act 12- 442, September 3, 1998, 45 DCR 6517).
Section 4 of D.C. Act 12-388 provides for the application of the act.
Legislative History of Laws
For legislative history of D.C. Law 11-276, see Historical and Statutory Notes following § 24-261.01.
For legislative history of D.C. Law 12-164, see Historical and Statutory Notes following § 24-261.01.
For legislative history of D.C. Law 12-281, see Historical and Statutory Notes following § 24-261.01.
(a) In order to register firearms, the private operator shall follow the following procedures:
(1) To register for interim approval, the private operator shall provide the Chief of the Metropolitan Police Department ("Chief of Police") with the serial numbers and storage places of firearms in the private operator's possession in the District of Columbia. If the Chief of Police determines that the information provided is satisfactory, he or she shall issue interim approval to the private operator for the weapons identified and held in the private operator's possession. The interim approval shall be valid for 90 days, during which time the private operator shall complete the actions necessary to register for permanent approval.
(2)(A) To register for permanent approval, the private operator shall provide the Chief of Police with the following information:
(i) The names and such other identifying information as the Chief of Police may require, of all private correctional officers who will be authorized by the private operator to carry and use firearms in the course of their assigned duties;
(ii) Records or other evidence acceptable to the Chief of Police to demonstrate that each private correctional officer authorized to carry and use firearms has received instructions about all applicable rules of the Department of Corrections or the Federal Bureau of Prisons regarding the use of force and deadly force in the course of his or her duties;
(iii) Records or other evidence acceptable to the Chief of Police to demonstrate that each private correctional officer authorized to carry and use firearms has successfully completed the training required by § 24- 261.02(d); and
(iv) A sworn affidavit signed by each private correctional officer authorized to carry and use firearms attesting that he or she has read and understands all applicable rules of the Department of Corrections or the Federal Bureau of Prisons regarding the use of force and deadly force in the course of his or her duties.
(B) The Chief of Police, upon determining that the information submitted in accordance with this paragraph is satisfactory, shall issue permanent registration approval to the private operator for the firearms in the private operator's possession in the District of Columbia.
(b) A private operator who is issued firearms registration approval pursuant to this section shall be subject to the duties and revocation provisions set forth in §§ 7-2502.08 and 7-2502.09, and other applicable rules and laws of the District of Columbia. A private operator shall notify the Chief of Police whenever any private correctional officer authorized to carry and use firearms leaves the private operator's employment at a facility in the District or otherwise ceases to be authorized to carry and use firearms.
(c) Nothing in § 24-261.02 or this section shall be construed to allow any private correctional officer or any other person to remove any weapon registered to the private operator from the premises and grounds of the private operator's facility except in the performance of assigned duties and in accordance with laws and rules of the District and federal governments.
(June 3, 1997, D.C. Law 11-276, § 3a, as added May 28, 1999, D.C. Law 12- 281, § 2(d), 45 DCR 7991.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-495.2a.
Emergency Act Amendments
For temporary addition of section, see § 2(d) of the Correctional Treatment Facility Firearms Registration and Health Occupations Licensing Emergency Amendment Act of 1998 (D.C. Act 12-442, September 3, 1998, 45 DCR 6517).
Legislative History of Laws
For legislative history of D.C. Law 12-281, see Historical and Statutory Notes following § 24-261.01.
A health professional shall remain covered by § 3-1201.04 if the following criteria are met:
(1) The health professional is transferred from employment by the District government to employment by a private operator to perform essentially the same services as the person performed while employed by the District government and continues to perform such services for the duration of his or her employment by a private operator; and
(2) The health professional is covered by § 3-1201.04.
(June 3, 1997, D.C. Law 11-276, § 3b, as added May 28, 1999, D.C. Law 12- 281, § 2(e), 45 DCR 7991.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-495.2b.
Emergency Act Amendments
For temporary addition of section, see § 2(e) of the Correctional Treatment Facility Firearms Registration and Health Occupations Licensing Emergency Amendment Act of 1998 (D.C. Act 12-442, September 3, 1998, 45 DCR 6517).
Legislative History of Laws
For legislative history of D.C. Law 12-281, see Historical and Statutory Notes following § 24-261.01.
(a) An inmate confined in the CTF shall be deemed to be at all times in the legal custody of the Department of Corrections. Only the Department of Corrections shall have authority to transfer or assign inmates into or out of the CTF. All laws and regulations governing conduct of inmates, including, without limitation, Title 22 of the District of Columbia Official Code, shall apply to inmates confined to the CTF during such time as the CTF is operated by a private operator. All laws and regulations establishing penalties for offenses committed against correctional officers or other correctional employees, including, without limitation, the penalties provided for in § 22-405, shall apply mutatis mutandis to offenses committed against any private correctional officer or other employee of the private operator.
(b) An inmate confined in any privately-operated prison facility established pursuant to Subtitle C of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-33; 111 Stat. 712), shall be deemed to be at all times in the legal custody of the Federal Bureau of Prisons. Only the Federal Bureau of Prisons shall have authority to transfer or assign inmates into or out of the privately-operated prison facility. All laws and regulations governing conduct of inmates in Federal Bureau of Prisons facilities shall apply to inmates confined in any privately-operated prison facility during such time as the prison facility is operated by a private operator. All laws and regulations establishing penalties for offenses committed against correctional officers or other correctional employees shall apply wherever applicable to offenses committed against any private correctional officer or other employee of the private operator.
(June 3, 1997, D.C. Law 11-276, § 4, 44 DCR 1416; May 28, 1999, D.C. Law 12-281, § 2(f), 45 DCR 7991.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-495.3.
Temporary Amendments of Section
Section 2(c) of D.C. Law 12-164 added (b).
Section 4 of D.C. Law 12-164 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 2(c) of the Correctional Treatment Facility Emergency Amendment Act of 1998 (D.C. Act 12-315, March 31, 1998, 45 DCR 2126), § 2(c) of the Correctional Treatment Facility Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-388, June 29, 1998, 45 DCR 4625), and § 2(f) of the Correctional Treatment Facility Firearms Registration and Health Occupations Licensing Emergency Amendment Act of 1998 (D.C. Act 12-442, September 3, 1998, 45 DCR 6517).
Legislative History of Laws
For legislative history of D.C. Law 11-276, see Historical and Statutory Notes following § 24-261.01.
For legislative history of D.C. Law 12-164, see Historical and Statutory Notes following § 24-261.01.
For legislative history of D.C. Law 12-281, see Historical and Statutory Notes following § 24-261.01.
(a) The private operator shall protect, defend, indemnify, save, and hold harmless the District, its officers, agents, servants, employees, and volunteers from and against any and all claims, demands, expenses, and liability arising out of or relating to acts or omissions of the private operator, its agents, servants, subcontractors, and employees in the performance of its contract with the District regardless of whether any damage resulting from the private operator's act, omission, or default is caused in part by the District, and any and all costs, expenses, and attorneys fees incurred by the District as a result of any such claim, demand, or cause of action including, but not limited to, any and all claims arising from:
(1) Any breach or default on the part of the private operator in the performance of its duties and obligations under its contract with the District;
(2) Any services rendered by the private operator or by any person or firm performing or supplying services, materials, or supplies in connection with the performance of the private operator's contract with the District;
(3) Any person or firm injured or damaged by the private operator, its officers, agents, servants, subcontractors, or employees by the publication, translation, reproduction, delivery, performance, use, or disposition of any data processed under its contract with the District in a manner not authorized by the contract, or by federal or District statutes or regulations; and
(4) Any failure of the private operator, its officers, agents, servants, subcontractors, or employees to observe federal or District laws, including, but not limited to, the Constitution of the United States.
(b) The private operator shall not waive, release, or otherwise forfeit any possible defense the District may have regarding claims arising from or made in connection with the operation of the CTF by the private operator without the consent of the District. The private operator shall preserve all available defenses and cooperate with the District to make such defenses available to the maximum extent allowed by law.
(c) The private operator shall provide an adequate policy of insurance to cover the indemnification provided for in this section, including coverage for civil rights claims. The adequacy of the insurance policy shall be determined by a risk management or actuarial firm with demonstrated experience in public liability for state and municipal governments. The insurance policy shall provide that the District is named as an additional insured and that the District shall be sent any notice of cancellation or material alteration.
(June 3, 1997, D.C. Law 11-276, § 5, 44 DCR 1416.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-495.4.
Legislative History of Laws
For legislative history of D.C. Law 11-276, see Historical and Statutory Notes following § 24-261.01.
(a) Notwithstanding § 1-301.91, and § 10-801, the Mayor of the District of Columbia is authorized to sell and leaseback, in his discretion, for the best interests of the District of Columbia, the Correctional Treatment Facility, situated on Lot 800 of Square 1112, with a street address of 1901 E Street, S.E.
(b) Notwithstanding § 10-111, the Council of the District of Columbia approves the transfer from the United States government to the District of Columbia of jurisdiction over that portion of Lot 800 of Square 1112 upon which is situated the District of Columbia Correctional Treatment Facility, as shown on a plat to be drawn and filed in the Office of the Surveyor of the District of Columbia.
(June 3, 1997, D.C. Law 11-276, § 6, 44 DCR 1416.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-495.5.
Legislative History of Laws
For legislative history of D.C. Law 11-276, see Historical and Statutory Notes following § 24-261.01.
