For the purposes of this subchapter, the term:
(1) "Geriatric inmate" means a person 65 years of age or older convicted of a violation of a District of Columbia criminal law by a court in the District of Columbia, who suffers from a chronic infirmity, illness, or disease related to aging, and poses a low risk to the community;
(2) "Permanently incapacitated inmate" means a person convicted of a violation of a District of Columbia criminal law by a court in the District of Columbia and who, by reason of an existing physical or medical condition which is not terminal, is permanently and irreversibly physically incapacitated, and who does not constitute a danger to himself or to society; and
(3) "Terminally ill inmate" means a person convicted of a violation of the District of Columbia criminal law by a court in the District of Columbia who has an incurable condition caused by illness or disease which would, within reasonable medical judgment, produce death within 6 months and does not constitute a danger to himself or to society.
(May 15, 1993, D.C. Law 9-271, § 2, 40 DCR 792; June 3, 1997, D.C. Law 11-275, § 16, 44 DCR 1408.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-261.
1981 Ed., § 24-261.
Legislative History of Laws
Law 9-271, the "Medical and Geriatric Parole Act of 1992," was introduced in Council and assigned Bill No. 9-557 which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 1, 1992, and December 15, 1992, respectively. Signed by the Mayor on January 14, 1993, it was assigned Act No. 9-400 and transmitted to both Houses of Congress for its review. D.C. Law 9-271 became effective on May 15, 1993.
Law 11-275, the "Second Criminal Code Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-909, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-520 and transmitted to both Houses of Congress for its review. D.C. Law 11-275 became effective on June 3, 1997.
No physical or medical condition set forth in § 24-461 which existed at the time of sentencing shall provide the basis for geriatric or medical parole under this subchapter.
(May 15, 1993, D.C. Law 9-271, § 3, 40 DCR 792.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-262.
Legislative History of Laws
For legislative history of D.C. Law 9-271, see Historical and Statutory Notes following § 24-461.
(a) The Board of Parole ("Board") shall establish a medical and geriatric parole program to be administered by the Department of Corrections ("Department"). The authority to grant medical or geriatric parole shall rest solely with the Board. The Department shall determine for each person considered for geriatric or medical parole, whether the person is a:
(1) Geriatric inmate;
(2) Permanently incapacitated inmate; or
(3) Terminally ill inmate.
(b) Notwithstanding § 24-408, inmates who have not served their minimum sentences shall be considered eligible for parole under this section. Medical and geriatric parole consideration shall be in addition to any other parole for which an inmate may be eligible.
(c) The Board shall determine the appropriate level of supervision and shall develop a comprehensive discharge plan for each inmate released under this subchapter.
(d) In considering an inmate for medical or geriatric parole, the Board may request that additional medical evidence be produced or that additional medical examinations be conducted.
(e) The parole term of an inmate on medical parole shall be for the remainder of the inmate's sentence, without diminution of sentence for good behavior. In addition to terms and conditions prescribed by the Board, supervision of an inmate on medical or geriatric parole shall also consist of periodic medical evaluations at intervals to be determined by the Board at the time of release.
(f) The chairperson of the Board shall report annually to the Mayor, the Chairpersons of the Council of the District of Columbia, and the Council's Committee on the Judiciary, the number of applications for medical and geriatric parole, the nature of the illness, disease, or condition of the applicants, the reasons for denial of applications for medical or geriatric parole, the number of persons on medical and geriatric parole who have been returned to the custody of the Department, and the reasons for their return.
(May 15, 1993, D.C. Law 9-271, § 4, 40 DCR 792.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-263.
Legislative History of Laws
For legislative history of D.C. Law 9-271, see Historical and Statutory Notes following § 24-461.
Miscellaneous Notes
Board of Parole abolished: Section 11231(a) and (b) of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-33; 111 Stat. 745), transferred the authority of the Board of Parole to the U.S. Parole Commission and abolished the D.C. Board of Parole.
(a) The Department shall identify permanently incapacitated and terminally ill inmates for consideration for medical parole based solely on medical documentation. The Department shall forward an application and documentation in support of parole eligibility to the Board within 15 days of receipt of an application. The documentation shall include information concerning the inmate's medical history and prognosis, institutional behavior and adjustment, and criminal history. The inmate or inmate's representative may submit an application to the Board.
(b) Whenever it shall appear to the Board that because of a medical condition an inmate is permanently incapacitated or terminally ill, and the inmate's parole is not incompatible with the welfare of society, the Board may authorize the inmate's release on medical parole upon terms and conditions as the Board shall from time to time prescribe.
(c) The Board shall make a determination whether to grant medical parole within 15 days of receipt of an application and supporting documentation from the Department.
(May 15, 1993, D.C. Law 9-271, § 5, 40 DCR 792.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-264.
Legislative History of Laws
For legislative history of D.C. Law 9-271, see Historical and Statutory Notes following § 24-461.
(a) A geriatric inmate who is 65 years of age or older, has a chronic infirmity, illness, or disease, and who poses a low risk to the community, may be eligible for parole as determined by the Board.
(b) Consideration for geriatric parole shall be initiated by the submission of an application from the Department, the inmate, or the inmate's representative and the Department's supporting documentation to the Board.
(c) In determining eligibility for geriatric release, the Board shall take into consideration the following factors:
(1) Age of inmate;
(2) Severity of illness, disease, or infirmities;
(3) Comprehensive health evaluation;
(4) Institutional behavior;
(5) Level of risk for violence;
(6) Criminal history; and
(7) Alternatives to maintaining geriatric long-term prisoners in traditional prison settings.
(d) The Department shall submit an application for geriatric release with supporting documentation to the Board within 30 days of receipt of an application.
(e) The Board shall make a determination whether to grant geriatric parole within 30 days of receipt of the application and supporting documentation from the Department.
(May 15, 1993, D.C. Law 9-271, § 6, 40 DCR 792.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-265.
Legislative History of Laws
For legislative history of D.C. Law 9-271, see Historical and Statutory Notes following § 24-461.
(a) When a person has been granted either medical or geriatric parole and applies for public assistance, including medical assistance, the Department shall forward the application for assistance to the Department of Human Services, and advise the Board that an application for assistance has been made.
(b) The Department of Human Services shall, within 60 days of receipt of a medical or geriatric parolee's application for assistance, determine the eligibility of the person for general assistance, public assistance, Medicaid, or any other District or federal medical assistance program.
(c) Repealed.
(d) Notwithstanding any other law, when a person is released on medical or geriatric parole and is in need of public assistance, including medical assistance, the Department of Human Services shall be responsible for the administrative costs of the initial and any subsequent eligibility determination and the costs of any public assistance, including medical assistance, following a person's release on medical or geriatric parole for so long as the person is eligible.
(May 15, 1993, D.C. Law 9-271, § 7, 40 DCR 792; Mar. 20, 1998, D.C. Law 12-60, § 704, 44 DCR 7378.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-266.
1981 Ed., § 24-266.
Temporary Amendments of Section
Section 5 of D.C. Law 12-21 deleted "general or" preceding "public" in (a); and repealed (c).
Section 8(b) of D.C. Law 12-21 provides that the act shall expire on the 225th day of its having taken effect.
Section 704 of D.C. Law 12-59 deleted "general or" preceding "public" in (a); and repealed (c).
Section 2001(b) of D.C. Law 12-59 provides the act shall expire after 225 days of its having taken effect.
Section 2002 of D.C. Law 12-59 provides that the act shall apply as of October 1, 1997.
Emergency Act Amendments
For temporary amendment of section, see § 5 of the General Public Assistance Program Termination Emergency Amendment Act of 1997 (D.C. Act 12-72, May 12, 1997, 44 DCR 2989).
For temporary amendment of section, see § 704 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and § 704 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).
Legislative History of Laws
For legislative history of D.C. Law 9-271, see Historical and Statutory Notes following § 24-461.
Law 12-21, the "General Assistance Program Termination Temporary Amendment Act of 1997," was introduced in Council and assigned Bill No. 12-169. The Bill was adopted on first and second readings on May 6, 1997, and June 3, 1997, respectively. Signed by the Mayor on June 18, 1997, it was assigned Act No. 12-98 and transmitted to both Houses of Congress for its review. D.C. Law 12- 21 became effective on September 23, 1997.
Law 12-59, the "Fiscal Year 1998 Revised Budget Support Temporary Act of 1997," was introduced in Council and assigned Bill No. 12-350. The Bill was adopted on first and second readings on September 8, 1997, and September 22, 1997, respectively. Signed by the Mayor on October 24, 1997, it was assigned Act No. 12-190 and transmitted to both Houses of Congress for its review. D.C. Law 12- 59 became effective on March 20, 1998.
Miscellaneous Notes
Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.
Persons convicted of first degree murder or persons sentenced for crimes committed when armed under § 22-4502, or under § 22-4504(b), and § 22- 2803, shall not be eligible for geriatric or medical parole.
(May 15, 1993, D.C. Law 9-271, § 8, 40 DCR 792; Feb. 5, 1994, D.C. Law 10-68, § 57, 40 DCR 6311; May 16, 1995, D.C. Law 10-255, § 18, 41 DCR 5193; May 25, 1995, D.C. Law 10-258, § 2, 42 DCR 238.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-267.
Legislative History of Laws
For legislative history of D.C. Law 9-271, see Historical and Statutory Notes following § 24-461.
Law 10-68, the "Technical Amendments of 1993," was introduced in Council and assigned Bill No. 10-166, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on August 23, 1993, it was assigned Act No. 10-107 and transmitted to both Houses of Congress for its review. D.C. Law 10-68 became effective on February 5, 1994.
Law 10-255, the "Technical Amendments Act of 1994," was introduced in Council and assigned Bill No. 10-673, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 25, 1994, it was assigned Act No. 10-302 and transmitted to both Houses of Congress for its review. D.C. Law 10-255 became effective May 16, 1995.
Law 10-258, the "District of Columbia Nonviolent Offenses Mandatory-Minimum Sentences Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-617, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 28, 1994, it was assigned Act No. 10-392 and transmitted to both Houses of Congress for its review. D.C. Law 10-258 became effective May 25, 1995.
(a) Upon a motion by the Director of the Federal Bureau of Prisons, the court may reduce the sentence of any person convicted of a felony under the District of Columbia Official Code committed on or after August 5, 2000, and sentenced to a determinate term of imprisonment which is not subject to parole, and shall impose an adequate period of supervision to follow release, based upon a finding that:
(1) The inmate is permanently incapacitated or terminally ill because of a medical condition which was not known to the court at the time of sentencing, and the release of the inmate under supervision is not incompatible with public safety; or
(2) The inmate is 65 years or older and has a chronic infirmity, illness, or disease related to aging, and the release of the inmate under supervision is not incompatible with public safety.
(b) The court shall act expeditiously on any motion submitted by the Director of the Federal Bureau of Prisons. If the court receives a request directly from an inmate or a representative of an inmate, the court may refer the matter to the Federal Bureau of Prisons for a motion or a statement of reasons as to why a motion will not be filed.
(May 15, 1993, D.C. Law 9-271, § 8a, as added Oct. 10, 1998, D.C. Law 12- 165, § 5, 45 DCR 2980.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-268.
Legislative History of Laws
For legislative history of D.C. Law 12-165, see Historical and Statutory Notes following § 24-403.01.
