Councilmember Jack Evans A BILL IN THE COUNCIL
OF THE DISTRICT OF COLUMBIA
Councilmember Jack Evans introduced the following bill, which was
referred to the Committee on the Judiciary.
To amend the Correctional Treatment Facility Act of 1996 to authorize
the use of force and use of weapons by correctional officers employed by the operator of
any private prison facility housing inmates in the District of Columbia for the District
of Columbia Department of Corrections or the Federal Bureau of Prisons, in addition to the
Correctional Treatment Facility.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act
may be cited as the "Correctional Treatment Facility Amendment Act of 1998".
Sec. 2. The Correctional Treatment Facility Act of
1996, effective June 3, 1997 (D.C. Law 11-276; D.C. Code §24-495.1 et seq.), is amended
as follows:
(a) Section 2 (D.C. Code §24-495.1) is amended as follows:
(1) Paragraph (4) is amended to read as follows:
"(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 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.".
(2) Paragraph (5) is amended to read as follows:
"(4) "Private operator" means any individual,
partnership, corporation, or incorporated association bound by contract with the District
or the United States to operate the Correctional Treatment Facility or any other prison
facility housing inmates in the District for the District of Columbia Department of
Corrections or the Federal Bureau of Prisons.".
(b) Subsection 3(a) (D.C. Code §24-495.2(a)) is amended to read as
follows:
"(a) A private correctional officer may carry firearms provided by
the private operator only in the following situations:
"(1) While patrolling the perimeter grounds at the CTF or any
other privately-operated prison facility;
"(2) While transporting inmates assigned to the CTF or any other
privately-operated prison facility:
"(3) While pursuing inmates assigned to the CTF or 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.".
(c) Section 3(c) (D.C. Code §24-495.2(c)) is amended by striking the
word contractor and inserting the word operator in its place.
(d) A new section 3a is added to read as follows:
Sec. 3a. Registration of firearms forf private oeprator.
(a) In order to register firearms, the private operator shall
follow the follow 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 operators
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 operators
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 correction 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 subsection (d) of this section;
(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 int he course of his or her duties.
(B) The Chief of Police, upon determining that the information
submitted in accordance with this paragraph satisfactory, shall issue permanent
registration approval to the private operator for the firearms in the private
operators 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 sections 208 and 209 of the Firearms Control Regulation Act of 1975,
effective September 24, 1976 (D.C. Law 1-85; D.C. Code §§6-2318 and 6-2319), 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 operators employment at a facility in the District or
otherwise ceases to be authorized to carry and use firearms.
(c) Nothing in this sections 3 or 3a shall be contrued 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 operators facility
except in the performance of assigned duties and in accordance with laws and rules of the
District and federal governments..
(e) A new section 3b is added to read as follows:
Section 3b. Health professionals transferring from District
government employment to employment by a private operator.
A health professional shall remain covered by section 104 of the
District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986
(D.C. Law 6-99; D.C. Code §2-3301.4) 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;
(2) The health professional is covered by section 104 of the
District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986
(D.C. Law 6-99; D.C. Code 2-3301.4) for the duration of his or her employment by a private
operator to perform essentially the same services as performed while employed by the
District government..
(f) Section 4 (D.C. Code §24-495.3) is amended by designating the
existing text as 22 subsection (a) and adding a new subsection (b) to read as follows:
"(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; l l l 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.".
Sec. 3. The Council adopts the fiscal impact statement
in the committee report as the fiscal impact statement required by section 602(c)(3) of
the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C.
Code §1-233(c)(3).
Sec. 4. This act shall take effect following approval
by the Mayor (or in the event of veto by the Mayor, action by the Council to override the
veto), approval by the Financial Responsibility and Management Assistance Authority as
provided in section 203(a) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116: D.C. Code
§47-392.3(a)), a 60-day period of Congressional review as provided in section 602(c)(2)
of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C.
Code §1- 233(c)(2)), and publication in the District of Columbia Register. |