For purposes of this subchapter, the term:
(1) "Committed youth offender" means an individual committed pursuant to this subchapter.
(2) "Conviction" means the judgment on a verdict or a finding of guilty, a plea of guilty, or a plea of no contest.
(3) "Court" means the Superior Court of the District of Columbia.
(4) "District" means the District of Columbia.
(5) "Treatment" means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youth offenders.
(6) "Youth offender" means a person less than 22 years old convicted of a crime other than murder, first degree murder that constitutes an act of terrorism, and second degree murder that constitutes an act of terrorism.
(Dec. 7, 1985, D.C. Law 6-69, § 2, 32 DCR 4587; June 8, 2001, D.C. Law 13-302, § 9(a), 47 DCR 7249; Oct. 17, 2002, D.C. Law 14-194, § 157, 49 DCR 5306.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-801.
Effect of Amendments
D.C. Law 13-302, in par. (1), deleted "for treatment in the District of Columbia" following "this subchapter".
D.C. Law 14-194 rewrote par. (6) which had read as follows:
"(6) 'Youth offender' means a person less than 22 years old convicted of a crime other than murder."
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 9(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) amendment of section, see §§ 9(a) and 11 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 § 9(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 § 9(a) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).
Legislative History of Laws
Law 6-69, the "Youth Rehabilitation Amendment Act of 1985," was introduced in Council and assigned Bill No. 6-47, which was referred to the Committee on the Judiciary. The bill was adopted on first and second readings on June 25, 1985 and July 9, 1985, respectively. Signed by the Mayor on July 29, 1985, it was assigned Act No. 6-72 and transmitted to both Houses of Congress for its review.
For Law 13-302, see notes following § 24-403.01.
Law 14-194, the "Omnibus Anti-Terrorism Act of 2002", was introduced in Council and assigned Bill No. 14-373, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on April 9, 2002, and May 7, 2002, respectively. Signed by the Mayor on June 3, 2002, it was assigned Act No. 14-380 and transmitted to both Houses of Congress for its review. D.C. Law 14-194 became effective on October 17, 2002.
(a) The Mayor shall provide facilities and personnel for the treatment and rehabilitation of youth offenders convicted of misdemeanor offenses under District of Columbia law and sentenced according to this subchapter.
(b)(1) The Mayor shall periodically set aside and adapt facilities for the treatment, care, education, vocational training, rehabilitation, segregation, and protection of youth offenders convicted of misdemeanor offenses.
(2) Insofar as practical, these institutions maintained by the District of Columbia shall treat committed youth offenders convicted of misdemeanor offenses only, and the youth offenders shall be segregated from other offenders, and classes of committed youth offenders shall be segregated according to their needs for treatment.
(c) The Federal Bureau of Prisons is authorized to provide for the custody, care, subsistence, education, treatment, and training of youth offenders convicted of felony offenses and sentenced to commitment.
(Dec. 7, 1985, D.C. Law 6-69, § 3, 32 DCR 4587; June 8, 2001, D.C. Law 13-302, § 9(b), 47 DCR 7249.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-802.
Effect of Amendments
D.C. Law 13-302 rewrote the section which had read:
"(a) The Mayor shall provide facilities and personnel for the treatment and rehabilitation of youth offenders convicted under District of Columbia law and sentenced according to this subchapter.
"(b)(1) The Mayor shall periodically set aside and adapt facilities for the treatment, care, education, vocational training, rehabilitation, segregation, and protection of youth offenders.
"(2) Insofar as practical, these institutions shall treat committed youth offenders only, and the youth offenders shall be segregated from other offenders, and classes of committed youth offenders shall be segregated according to their needs for treatment."
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 9(b) 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 § 9(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) amendment of section, see § 9(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) amendment of section, see § 9(b) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).
Legislative History of Laws
For legislative history of D.C. Law 6-69, see Historical and Statutory Notes following § 24-901.
For Law 13-302, see notes following § 24-403.01.
(a)(1) If the court is of the opinion that the youth offender does not need commitment, it may suspend the imposition or execution of sentence and place the youth offender on probation.
(2) The court, as part of an order of probation of a youth offender between the ages of 15 and 18 years, shall require the youth offender to perform not less than 90 hours of community service for an agency of the District government or a nonprofit or other community service organization, unless the court determines that the youth offender is physically or mentally impaired and that an order of community service would be unjust or unreasonable.
(3) Within 120 days of January 31, 1990, the Mayor shall develop and furnish to the court a youth offender community service plan. The plan shall include:
(A) Procedures to certify a nonprofit or community service organization for participation in the program;
(B) A list of agencies of the District government or non-profit or community service organizations to which a youth offender may be assigned for community service work;
(C) A description of the community service work to be performed by a youth offender in each of the named agencies or organizations;
(D) Procedures to monitor the attendance and performance of a youth offender assigned to community service work;
(E) Procedures to report to the court a youth offender's absence from a court-ordered community service work assignment; and
(F) Procedures to notify the court that a youth offender has completed the community service ordered by the court.
(4) If the court unconditionally discharges a youth offender from probation pursuant to § 24-906(b), the court may discharge the youth offender from any uncompleted community service requirement in excess of 90 hours. The court shall not discharge the youth offender from completion of the minimum of 90 hours of community service.
(b) If the court shall find that a convicted person is a youth offender, and the offense is punishable by imprisonment under applicable provisions of law other than this subsection, the court may sentence the youth offender for treatment and supervision pursuant to this subchapter up to the maximum penalty of imprisonment otherwise provided by law. The youth offender shall serve the sentence of the court unless sooner released as provided in § 24-904.
(c) Where the court finds that a person is a youth offender and determines that the youth offender will derive benefit from the provisions of this subchapter, the court shall make a statement on the record of the reasons for its determination. The youth offender shall be entitled to present to the court facts that would affect the decision of the court to sentence the youth offender pursuant to the provisions of this subchapter.
(d) If the court shall find that the youth offender will not derive benefit from treatment under subsection (b) of this section, then the court may sentence the youth offender under any other applicable penalty provision.
(e) If the court desires additional information as to whether a youth offender will derive benefit from treatment under subsection (b) of this section, the court may order that the youth offender be committed for observation and study at an appropriate classification center or agency. Within 60 days from the date of the order or an additional period that the court may grant, the court shall receive the report.
(f) Subsections (a) through (e) of this section provide sentencing alternatives in addition to the options already available to the court.
(Dec. 7, 1985, D.C. Law 6-69, § 4, 32 DCR 4587; Jan. 31, 1990, D.C. Law 8-61, § 2, 36 DCR 5798.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-803.
Legislative History of Laws
For legislative history of D.C. Law 6-69, see Historical and Statutory Notes following § 24-901.
Law 8-61, the "Youth Offender Community Service Amendment Act of 1989," was introduced in Council and assigned Bill No. 8-138, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 27, 1989, and July 11, 1989, respectively. Signed by the Mayor on August 1, 1989, it was assigned Act No. 8-84 and transmitted to both Houses of Congress for its review.
Delegation of Authority
Delegation of authority pursuant to Law 6-69, see Mayor's Order 87-61, March 10, 1987.
(a) A committed youth offender may be released conditionally under supervision whenever appropriate.
(b) A committed youth offender may be unconditionally discharged at the end of 1 year from the date of conditional release.
(c) Notwithstanding any other provision of law, subsections (a) and (b) of this section shall not apply to a youth offender convicted of any offense committed on or after August 5, 2000.
(Dec. 7, 1985, D.C. Law 6-69, § 5, 32 DCR 4587; June 8, 2001, D.C. Law 13-302, § 9(c), 47 DCR 7249.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-804.
Effect of Amendments
D.C. Law 13-302 added subsec. (c).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 9(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 § 9(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 § 9(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 § 9(c) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).
Legislative History of Laws
For legislative history of D.C. Law 6-69, see Historical and Statutory Notes following § 24-901.
For Law 13-302, see notes following § 24-403.01.
(a) If the Director of the Department of Corrections ("Director") determines that a youth offender will derive no further benefit from the treatment pursuant to this subchapter, the Director shall notify the youth offender of this determination in a written statement that includes the following:
(1) Notice that the youth offender may appeal the Director's determination to the sentencing judge in writing within 30 days of the youth offender's receipt of the Director's statement required by this section;
(2) Specific reasons for the Director's no further benefit determination; and
(3) Notice that an appeal by the youth offender to the sentencing judge will stay any action by the Director regarding a change in the youth offender's status until the sentencing judge makes a determination on the appeal.
(b) The decision of the sentencing judge on the appeal of the youth offender shall be considered a final disposition of the appeal and shall preclude further action by the Director to change the status of a youth offender for a 6-month period from the date of the sentencing judge's decision.
(c) Notwithstanding any other provision of law, subsections (a) and (b) of this section shall not apply to a youth offender convicted of any offense committed on or after August 5, 2000.
(Dec. 7, 1985, D.C. Law 6-69, § 6, 32 DCR 4587; June 8, 2001, D.C. Law 13-302, § 9(d), 47 DCR 7249.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-805.
Effect of Amendments
D.C. Law 13-302 added subsec. (c).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 9(d) 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 § 9(d) 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 § 9(d) 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 § 9(d) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).
Legislative History of Laws
For legislative history of D.C. Law 6-69, see Historical and Statutory Notes following § 24-901.
For Law 13-302, see notes following § 24-403.01.
(a) Upon unconditional discharge of a committed youth offender before the expiration of the sentence imposed, the youth offender's conviction shall be automatically set aside.
(b) If the sentence of a committed youth offender expires before unconditional discharge, the United States Parole Commission may, in its discretion, set aside the conviction.
(c) Where a youth offender is sentenced to commitment and a term of supervised release for a felony committed on or after August 5, 2000, and the United States Parole Commission exercises its authority pursuant to 18 U.S.C. § 3583(e)(1) to terminate the term of supervised release before its expiration, the youth offender's conviction shall be automatically set aside.
(d) In any case in which the youth offender's conviction is set aside, the youth offender shall be issued a certificate to that effect.
(e) Where a youth offender has been placed on probation by the court, the court may, in its discretion, unconditionally discharge the youth offender from probation before the end of the maximum period of probation previously fixed by the court. The discharge shall automatically set aside the conviction. If the sentence of a youth offender who has been placed on probation by the court expires before unconditional discharge, the court may, in its discretion, set aside the conviction. In any case where the court sets aside the conviction of a youth offender, the court shall issue to the youth offender a certificate to that effect.
(f) A conviction set aside under this section may be used:
(1) In determining whether a person has committed a second or subsequent offense for purposes of imposing an enhanced sentence under any provision of law;
(2) In determining whether an offense under § 48-904.01 is a second or subsequent violation under § 24-112;
(3) In determining an appropriate sentence if the person is subsequently convicted of another crime;
(4) For impeachment if the person testifies in his own defense at trial pursuant to § 14-305;
(5) For cross-examining character witnesses;
(6) For sex offender registration and notification;
(7) For gun offender registration pursuant to subchapter VIII of Chapter 25 of Title 7, for convictions on or after January 1, 2011; or
(8) In determining whether a person has been in possession of a firearm in violation of § 22-4503.
(Dec. 7, 1985, D.C. Law 6-69, § 7, 32 DCR 4587; June 28, 1991, D.C. Law 9-7, § 2, 38 DCR 1978; Aug. 17, 1991, D.C. Law 9-15, § 2, 38 DCR 3382; June 8, 2001, D.C. Law 13-302, § 9(e), 47 DCR 7249; June 3, 2011, D.C. Law 18-377, § 17, 58 DCR 1174.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-806.
Effect of Amendments
D.C. Law 13-302 rewrote the section which had read:
"(a) Upon the unconditional discharge of a committed youth offender before the expiration of the maximum sentence imposed, the District of Columbia Board of Parole shall automatically set aside the conviction.
"(b) If the maximum sentence of a committed youth offender expires before unconditional discharge, the District of Columbia Board of Parole may, in its discretion, set aside the conviction.
"(c) In any case in which the District of Columbia Board of Parole sets aside the conviction of a committed youth offender, the Board shall issue to the youth offender a certificate to that effect.
"(d) Where a youth offender has been placed on probation by the court, the court may, in its discretion, unconditionally discharge the youth offender from probation before the end of the maximum period of probation previously fixed by the court. The discharge shall automatically set aside the conviction and the court shall issue to the youth offender a certification to that effect."
D.C. Law 18-377, in subsec. (f), deleted "or" from the end of par. (5), substituted a semicolon for a period at the end of par. (6), and added pars. (7) and (8).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 9(e) 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 § 9(e) 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 § 9(e) 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 § 9(e) 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 day) amendment of section, see § 517 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 § 517 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 legislative history of D.C. Law 6-69, see Historical and Statutory Notes following § 24-901.
Law 9-7, the "Youth Rehabilitation Amendment Act of 1985 Temporary Amendment Act of 1991," was introduced in Council and assigned Bill No. 9-99. The Bill was adopted on first and second readings on February 5, 1991, and March 5, 1991, respectively. Signed by the Mayor on March 15, 1991, it was assigned Act No. 9-13 and transmitted to both Houses of Congress for its review.
Law 9-15, the "Youth Rehabilitation Amendment Act of 1985 Amendment Act of 1991," was introduced in Council and assigned Bill No. 9-109, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on April 9, 1991, and May 7, 1991, respectively. Signed by the Mayor on May 17, 1991, it was assigned Act No. 9-33 and transmitted to both Houses of Congress for its review.
For Law 13-302, see notes following § 24-403.01.
Law 18-377, the "Criminal Code Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-963, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on February 2, 2011, it was assigned Act No. 18-722 and transmitted to both Houses of Congress for its review. D.C. Law 18-377 became effective on June 3, 2011.
The Mayor may issue rules to implement the provisions of this subchapter pursuant to subchapter I of Chapter 5 of Title 2.
(Dec. 7, 1985, D.C. Law 6-69, § 8, 32 DCR 4587; June 8, 2001, D.C. Law 13-302, § 9(f), 47 DCR 7249.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-807.
Effect of Amendments
D.C. Law 13-302, in the section heading, deleted "; division of responsibility"; and deleted ", including the division of responsibility between the District of Columbia Board of Parole and the District of Columbia Department of Corrections" following "Title 2,".
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 9(f) 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 § 9(f) 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 § 9(f) 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 § 9(f) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).
Legislative History of Laws
For legislative history of D.C. Law 6-69, see Historical and Statutory Notes following § 24-901.
For Law 13-302, see notes following § 24-403.01.
Delegation of Authority
Delegation of authority pursuant to Law 6-69, see Mayor's Order 87-61, March 10, 1987.
