| ENGROSSED ORIGINAL A
BILL
12-749
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To amend, on a temporary basis, the Correctional Treatment Facility Act of 1996 to
expand the definitions of "private correctional officer" and "private
operator" to include any private prison facility housing inmates for the District of
Columbia Department of Corrections or the Federal Bureau of Prisons, to authorize the use
of weapons by correctional officers employed by the operator of such private prison
facilities, to authorize the registration of firearms by private operators, to provide
procedures for the registration of these firearms. and to allow health professionals
transferred from District government employment to employment by a private operator to
continue to be licensed.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act
may be cited as the "Correctional Treatment Facility Firearms Registration and Health
Occupations Licensing Temporary 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 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.".
(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 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."
(b) Section 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 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.".
(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 for private operator.
"(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 subsection (d) of this section;
"(iv) A sworn affidavit signed by each 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 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
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 operator's 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 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.".
(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
4 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
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: 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 is 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. (a) 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)),
and a 30-day period of Congressional review as provided in section 602(c)(1) of the
District of Columbia Self Government and Governmental Reorganization Act, approved
December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District
of Columbia Register.
(b) This act shall expire after 225 days of its having taken effect. |
