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Correctional Facility Site Selection Advisory Panel Act of 2001
Bill 14-213

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Councilmember Phil Mendelson
Councilmember Sharon Ambrose

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmembers Phil Mendelson and Sharon Ambrose introduced the following bill, which was referred to the Committee on the Judiciary.

To establish a Correctional Facility Site Selection Advisory Panel with the purpose of preparing comprehensive recommendations to the Council that identify tracts of land suitable for correctional facilities within appropriately zoned sections of the District that safeguard the health, safety and welfare of residents and businesses.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Correctional Facility Site Selection Advisory Panel Act of 2001 ".

Sec. 2. Correctional Facility Site Selection Advisory Panel established.

(a) There is established the Correctional Facility Site Selection Advisory Panel ("Panel") with the purpose of preparing comprehensive recommendations to the Council that identify tracts of land suitable for correctional facilities within appropriately zoned sections of the District that safeguard the health, safety and welfare of residents and businesses.

(b) The Panel shall submit its recommendations in a report, which shall include a map that identifies potential sites for the location of correctional facilities, within one year of the Panel's first meeting. The Panel shall rate each site according to its suitability for a correctional facility and shall consider the proximity of other potential sites in rating each site. The potential sites the Panel identifies shall comply with all siting requirements of this act, shall not be inconsistent with the Comprehensive Plan and shall not increase or compound existing detrimental environmental impacts.

(c) In addition to identifying potential sites and rating these sites, the Panel shall study and report on:

(1) A study of the District's current and future need to hold misdemeanants and pretrial detainees; and

(2) An evaluation of the impact of existing correctional facilities on local residents;

"(d) The Panel shall consult with District agencies with correctional management expertise, including, but not limited to, the Department of Corrections, the Court Supervision and Offender Service Agency, the Department of Consumer and Regulatory Affairs, the Department of Public Works and the Department of Health.

"(f) Within 45 days of its first meeting, the Panel shall provide notice of and hold a public meeting to receive testimony from citizens in respect to the operation of correctional facilities in the District of Columbia, and shall hold an additional public meeting to present the Panel's findings and a draft report to the community for comment 20 days prior to submitting to the Council the report required by this act.".

(e) Composition; appointment; vacancies; terms of office; compensation.

"(a) The Panel shall be a nonpartisan Panel composed of 13 voting and 3 non-voting, ex officio members.

"(1) One voting member of the Panel shall be appointed by each member of the Council and have no fiduciary or pecuniary interest in the operation of a correctional facility; and

"(2) The non-voting, ex officio members of the Panel shall be the following persons or their designees:

"(A) The Director of the Department of Corrections; and

"(B) The Corporation Counsel.

"(c) Members of the Panel shall serve a single, non-renewable term not to exceed 1 year.

"(d) Members of the Panel shall serve without compensation. Members, however, may be reimbursed for actual expenses incurred in the performance of official duties for parking, transportation or mileage, not to exceed $15 per meeting.

"(e) The Panel is authorized to receive funding for office space and for administrative expenses not to exceed $150,000, which funds shall be made available from the Non Personnel Services budget of the City Administrator based on the availability of appropriations.".

Sec. 3. Fiscal impact statement. .

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. Effective date.

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 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(1)), and publication in the District of Columbia Register.

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