BOP Program Statement 5880.33 § 21

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Table of Contents, Page v

21.1 Medical and geriatric parole.. . . . . . . . 21.1

21.4 Medical and geriatric reduction of

sentence.. . . . . . . . . . . . . . . . . . 21.1

22. Application for reduction of sentence. . . . . . . . . 22.1

23. Weekend/Holiday Release. . . . . . . . . . . . . . . 23.1

APPENDIX

D.C. Code offenses and penalties

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CHAPTER 1

1. INTRODUCTION No official comprehensive or definitive

sentence computation manual for the calculation of D.C. Code

sentences existed before the issuance of this manual.

Because of the National Capital Revitalization and Self-Government Improvement Act of 1997 (hereinafter referred to

as the District of Columbia Revitalization Act of 1997),

which places responsibility for the incarceration and

treatment of existing and future sentenced D. C. Code felony

offenders with the Bureau of Prisons (BOP), it was necessary

to produce a D.C. Code Sentence Computation Manual.

Producing the manual provided the opportunity to consolidate

practices as well as update and establish computation

procedures resulting from the numerous D.C. Code statutory

additions and amendments since 1987. This manual is the

basic authority and instructional document on which BOP

staff will rely to compute D.C. Code sentences.

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CHAPTER 2

2. BACKGROUND

2.1 The BOP and the District of Columbia Department of

Corrections (DCDC) have been housing prisoners for each

other under various agreements and statutory provisions

for more than fifty years. Before the mid 1980's, the

BOP and DCDC accepted responsibility for the calculation

of both U.S. Code and D.C. Code imposed sentences

regardless of where the sentence was first or

subsequently calculated. This responsibility for

calculation was possible because both U.S. Code and D.C.

Code sentencing provisions were similar enough to allow

for accurate and lawful calculations. Certain U.S. Code

statutory provisions were in fact, used for enforcing and

calculating a D.C. Code sentence.

2.2 Circa 1959, the BOP and DCDC began aggregating

(combining) U.S. Code and D.C. Code sentences because all

offenders were committed to the custody of the United

States Attorney General and the calculation differences,

although sometimes troublesome, were accommodated. This

aggregation requirement continues for “Old Law” and pre-April 11, 1987 D.C. Code sentences. Both the BOP and

DCDC had been aggregating multiple sentences before 1959

but only if all sentences were either for U.S. Code or

D.C. Code offenses.

2.3 Upon reaching the effective date of November 1, 1987, of

the Sentencing Reform Act (SRA) of 1984, the BOP made the

decision that “Old Law” and SRA sentences could not be

aggregated. The BOP and the DCDC agreed that SRA

sentences could not be aggregated with D.C. Code

sentences regardless of when the D.C. Code offense

occurred.

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CHAPTER 3

3. DEFINITIONS

3.1 1212(h) sentence. A sentence imposed for an offense as

described in D.C. Code § 24-1212(h).

3.2 Adult sentence. A. U.S. Code or D.C. Code sentence that

was not imposed under the provisions of Title 18, Chapter

402 (Federal youth Corrections Act) & 403 (Juvenile

Delinquency) of the U.S. Code or Title 24, Chapter 8

(Youth Rehabilitation) of the D.C. Code.

3.3 Anchor sentence. The first sentence to commence when

more than one sentence is involved.

3.4 Bail Reform Amendment act (BRA) of 1992 (§ 23-1321). An

offence under the BRA is for failure to appear.

3.5 D.C. Code offense. A criminal violation of law as set

forth in the District of Columbia Code.

3.6 D.C. Code sentence. A sentence imposed by the United

States District Court for the District of Columbia or by

the District of Columbia Superior Court after conviction

for a D.C. Code offense.

3.7 DCEGT credits. District of Columbia educational good

time credits awarded under the provisions of D.C. Code §

24-429 (effective April 11, 1987) or § 24-458.8(g)

(effective May 8, 1996).

3.8 DCGCT credits. District of Columbia good conduct credits

awarded under the provisions of D.C. Code § 24-405

(repealed April 11, 1987).

3.9 DCIGT credits. District of Columbia institutional good

time credits awarded under the provisions of § 24-428

(effective April 11, 1987 and repealed June 22, 1994).

3.10 Execution of sentence suspended (ESS). Sentence was

imposed but execution was suspended or execution of a

portion thereof was suspended (§ 16-710). A period of

probation usually follows.

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3.11 Federal arrest. For purposes of this manual, an arrest

made by a federal or D.C. law enforcement official for a

violation of U.S. Code or D.C. Code.

3.12 Felony sentence. A sentence that is imposed for an

offense that carries a maximum penalty in excess of one

year. (A sentence of one year or less, or a sentence to

probation, for an offense with a possible maximum penalty

of more than one year is a felony conviction.)

3.13 Gap period. The period of time from one or after August

5, 2000 through 4:59 p.m. on August 11, 2000.

3.14 Imposition of sentence suspended (ISS). Imposition of

sentence was suspended (§ 16-710). A period of probation

usually follows.

3.15 Inoperative time. Time during which a sentence that has

commenced, stops running, i.e., after commencement of

sentence, the prisoner is removed from physical or

constructive custody of the U.S. Attorney General.

3.16 Mandatory minimum. A term for which the court cannot set

a period of parole ineligibility any less than prescribed

by the offense.

3.17 Mandatory Parole. The final release date of GTCA

sentences when parole is not granted, and the inmate is

to be released after the deduction of all good time

credits. It also applies to OCJRAA sentences when parole

is not granted, and the inmate is to be released after

the deduction of DCEGT.

3.18 Maximum term. The greatest possible period imposed by

the court that establishes the term of imprisonment.

3.19 Minimum term. The term imposed by the court that

establishes the period of parole ineligibility.

3.20 Minimum maximum term. A term for which the court may not

impose a lesser maximum term.

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3.21 Misdemeanor sentence. A sentence that is imposed for an

offense that carries a maximum penalty not to exceed one

year. (Multiple misdemeanor sentences when added

together and exceed one year are still considered

misdemeanor sentences.)

3.22 New 203.1 sentence. A felony sentence imposed under D.C.

Code § 24-203.1 as amended by the SRAA.

3.23 New 203.2 sentence. A misdemeanor sentence imposed under

D.C. Code § 24-203.2.

3.24 Non-DC Code sentence. A state, foreign or U.S. Code

sentence.

3.25 Non-federal arrest. An arrest made by sate or foreign

law enforcement officials.

3.26 Original 203.1. A sentence imposed under D.C. Code §24-

203.1 (SRAA) as it existed on August 5, 2000 through

August 11,2000, at 4:59 p.m. (Pertains to 1212(h)

offenses.)

3.27 PV Warrant. A warrant issued by either the District of

Columbia Board of Parole or the United States Parole

Commission for alleged parole violation.

3.28 Parole eligibility date. The date on which a prisoner

becomes eligible for parole after having served the

minimum term.

3.29 Raw expiration full term date. The date the computation

begins (DCB) plus the term in effect (TIE) equals the Raw

expiration full term (EFT) date. The Raw EFT may include

inoperative time but does not include jail time credit.

3.30 State. Includes all non-federal and non-foreign law

enforcement organizations or agencies within a state.

3.31 Statutory Parole Date. The final release date of GTCA

sentences when parole is not granted, and the inmate is

to be released after the deduction of all good time

credits. It also applies to OCJRAA sentences when parole

is not granted, and the inmate is to be released after

the deduction of DCEGT.

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3.32 Step back. An unofficial phrase that applies to a

defendant who has been required to appear before the

court and who is ordered into immediate custody after a

hearing. The phrase occasionally appears in a hand

written form on court documents.

3.33 Time credit. Credit for one full day of jail time or

time spent serving the sentence, regardless of the length

or duration of the detention during that day.

3.34 U.S. Code new law sentence. A sentence imposed for a

U.S. Code offense that occurred on or after November 1,

1987.

3.35 U.S. Code offense. A violation of criminal law as set

forth in the U.S. Code.

3.36 U.S. Code old law sentence. A sentence imposed for a

U.S. Code offense that was committed prior to November 1,

1987.

3.37 Unlike sentence. Sentences imposed under different

sentencing provisions.

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CHAPTER 4

4. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AND

THE DISTRICT OF COLUMBIA SUPERIOR COURT

4.1 The District of Columbia Court of Appeals and the

Superior Court of the District of Columbia were

established on February 1, 1971 (Title 11, D.C. Code, §

11-101). District of Columbia Code offenses committed on

or after February 1, 1971 are prosecuted in the District

of Columbia Superior Court. A U.S. Code offense cannot

be prosecuted in the District of Columbia Superior Court.

4.2 Prior to February 1, 1971, D.C. Code offenses were

prosecuted in the U.S. District Court.

4.3 A D.C. Code offense and U.S. Code offense that are joined

in the same information or indictment are prosecuted in

the United States District Court (§ 11-502). If the U.S.

Code offense is dismissed or acquitted and the D.C. Code

offense is successfully prosecuted, the U.S. District

Court Judgment and Commitment (J&C) would contain only

the D.C. Code offense and sentence.

4.4 The U.S. District Court for the Eastern District of

Virginia has jurisdiction over D.C. Code offenses, as

well as U.S. Code offenses, that are committed in any of

the DCDC facilities located in Lorton, Virginia. A J&C

issuing out of that court would contain only the D.C.

Code offense and sentence if no U.S. Code offense was

involved or if the U.S. Code offense was dismissed or

acquitted.

4.5 In addition, a D.C. Code offense may be transferred to

any U.S. District Court under Rule 20 (Transfer from the

District of Columbia for Plea and Sentence) of the

Superior Court Rules of Criminal Procedure. As a result,

it is possible for a D.C. Code offense and sentence to

appear on any U.S. District Court J&C.

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CHAPTER 5

5. PRIMARY CUSTODY

5.1 Primary custodial jurisdiction attaches to the law

enforcement sovereign which initially takes a person into

official detention. Primary custodial jurisdiction

remains with that sovereign until that sovereign

relinquishes jurisdiction over the prisoner.

Relinquishment may occur by release on bail, bond or own

recognizance; by dismissal or acquittal of pending

charges; parole; termination of sentence; pardon;

executive clemency; court order; successful appeal;

escape; or by relinquishment of primary jurisdiction

through a mutual agreement with another custodial

sovereign. (See United States v. Warren, 610 F.2d 680

(9 Cir. 1980) and United States v. Smith, 812 F.Supp 368th

(E.D.N.Y. 1993).) Loaning a prisoner to another

sovereign via a writ of habeas corpus or via the

Interstate Agreement on Detainers does not transfer

primary jurisdiction.

5.2 Primary custodial jurisdiction may also be lost if the

prisoner, while in the extended limits of a sovereign’s

jurisdiction (usually while in the community in a

community corrections facility or on furlough, work

release, etc.), is arrested by another sovereign’s law

enforcement organization and that organization refuses to

return the prisoner pending resolution of its charges.

5.3 Prisoners in the D. C. Department of Corrections with

pending U.S. Code and D.C. Code charges are in the

primary custody of the Attorney General (held by the

United States Marshal (USM) (18 U.S.C. § 4086)) awaiting

prosecution by the United States Attorney in both the

U.S. District Court and D.C. Superior Court. It is the

United States Attorney who determines the order in which

the U.S. Code and D.C. Code charges are prosecuted and

whether the charges may be consolidated for prosecution

purposes. It is this decision making process by the

United States Attorney that leads to the BOP

determination as to which sentence jail time credits will

apply. Those situations will be discussed in Chapter 8,

Jail Time Credit.

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CHAPTER 6

6. TIME SERVED COURT ORDER

6.1 A time served court order is an order that is issued by

the sentencing court at the time of sentencing or at some

later time after commencement of a sentence that

terminates the imprisonment portion of the sentence.

6.2 United States District Court and District of Columbia

Superior Court. A time served order issued by a U.S.

District Court or a D.C. Superior Court unless otherwise

stipulated, is construed as including all jail time

credit and time spent serving the sentence as well as any

supervision time that was a part of a term of

imprisonment being served, e.g., parole, mandatory

release supervision. If some other form of supervision,

not a part of the term of imprisonment but a part of the

sentence imposed on that count, e.g., supervised release,

probation, was included but not mentioned in the time

served order, then the appropriate U.S. Attorney will be

contacted to ascertain the court’s intent.

6.3 If the time served order pertains to one or more counts

but not all the counts, the other count or counts will

remain in effect. Other sentences will remain in effect.

6.4 A concurrent count commences on the same date on which

the time served count had commenced if both counts were

imposed on the same date. A concurrent sentence

commencement date does not change because of a time

served order.

6.5 A consecutive count or sentence will be processed in

accordance with the manner in which it was imposed in

relation to the time served count. If only one other

count or sentence existed, the consecutive count or

sentence would commence on the date of the time served

order.

6.6 For a combination of unaffected concurrent and

consecutive counts or sentences, the counts or sentences

will be calculated as required for the aggregation or

non- aggregation of sentences.

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6.7 If there was a count, or counts, unaffected by the time

served order, or if other sentences were involved, an

analysis must be made to determine the jail time credit

that should, or should not, carry over to the remaining

counts or sentences. (See Chapter 8, Jail Time Credit.)

6.8 State court time served order. State courts issue time

served orders while DCDC prisoners are in the primary

custody of the state and while in the primary custody of

DCDC. It will be assumed that a state court time served

order includes the state jail time credit, time spent

serving the sentence and any time credits that would

have caused an earlier release date, unless otherwise

specified by the court.

6.9 For a time served order while a DCDC prisoner is in the

primary custody of the state serving the D.C. Code

sentence concurrently, the order will have no effect as

to the DCB of the D.C. Code sentence.

6.10 If the D.C. Code sentence is lodged as a detainer, the

sentence will commence on the date of the time served

order.

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CHAPTER 7

7. INOPERATIVE TIME

7.1 A sentence which has commenced becomes inoperative (stops

running) when a prisoner is removed and is no longer in

the physical or constructive custody of the U.S. Attorney

General. A sentence will not become inoperative because

of a commitment for examination or treatment under D.C.

Code § 24-302 (See Chapter 10, Commitment of Insane

Persons and Time Credit). Inoperative time is always

applied to a sentence before jail time credits are

applied.

7.2 There are no U.S. Code or D.C. Code statutory provisions

that define or discuss inoperative time. Both the Bureau

of Prisons and the DCDC rely on 18 U.S.C. § 3568,

Effective date of sentence (for offenses committed prior

to November 1, 1987) and § 3585(a), Commencement of

sentence (for offenses committed on or after November 1,

1987) as support for holding sentences inoperative if the

prisoner is removed from the custodian’s primary custody

for service of the sentence. Since both §§ 3568 and

3585(a) provide the statutory authority for commencement

of sentence, then a sentence would stop running if the

prisoner was removed from the primary custody of the

responsible custodian that triggered the commencement of

sentence. The courts have supported the application of

inoperative time.

7.3 Escape. The sentence is inoperative beginning the day

after escape through the day preceding the apprehension

from escape. If the prisoner is apprehended for a new

D.C. Code offense, the escape sentence will resume on

that date and no jail time credit will accrue toward the

sentence for the new offense or for the eventual escape

sentence. If apprehended for a non-D.C. Code offense,

the sentence from which the escape occurred will not

resume unless the non-DCDC place of incarceration is

designated as the place to serve the D.C. Code sentence

or until the prisoner is turned over for service of the

D.C. Code sentence.

7.4 Voluntary surrender time. Voluntary surrender time

begins the day after release and continues through the

day preceding the day of arrival at the facility at which

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the sentence is to be served. The decision to accept a

prisoner without proper paperwork, or to accept on a date

earlier than the prescribed date, shall be made by the

warden, community corrections manager, or his designee.

Once the sentence for an early arrival has commenced, the

prisoner does not have the option of being released

pending arrival of the originally designated arrival

date.

7.5 Stay of execution of sentence for release pending appeal

or to complete business/personal matters. A sentence

will be stayed for a prisoner who is released on the date

of sentence and the sentence will not commence until

returned to custody for service of the sentence. If the

release occurs on a date later than the date of sentence,

the sentence will become inoperative the day after

release and continue through the day preceding resumption

of the sentence.

7.6 Civil contempt order (Title 11, D. C. Code § 11-944, 18

U.S.C. § 401 or 28 U.S.C. § 1826) entered during

operation of another sentence. A civil contempt order

interrupts the service of another sentence beginning the

day after the order is entered. A sentence that has been

interrupted as the result of a civil contempt order will

resume on the last day that the civil contempt order is

in operation. The time to serve as the result of a civil

contempt order receives no form of good time or jail time

credits (See Chapter 8, Jail Time Credit, for the effect

of a civil contempt order on jail time credit).

7.7 Imposition of a sentence while in the service of a civil

contempt order (Title 11, D. C. Code § 11-944, 18 U.S.C.

§ 401 or 28 U.S.C. § 1826). If the civil contempt order

is in effect when a sentence is imposed, commencement of

the sentence will be delayed during operation of the

civil contempt order unless the court specifies

otherwise. The time to serve as the result of a civil

contempt order receives no form of good time or jail time

credits.

7.8 Release by court order. A sentence becomes inoperative

if a prisoner is released by a court order that appears

to be improper or that doesn’t correspond to a release

method recognized by the BOP. (The RISA must be

consulted when this type of court order is received.) The

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sentence will resume running after resolution of the

court order and upon return to BOP custody. The U.S.

Attorney in the district from which the court ordered

release originated shall be consulted to learn the status

of that release if another U.S. Code or D.C. Code

sentence commences. The possibility exists that the

court ordered release sentence should not resume if the

prisoner is committed to USM or BOP custody for a reason

unrelated to the court ordered release.

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CHAPTER 8

8. JAIL TIME CREDIT

8.1 “Old Law” jail time credit, 18 U.S.C. § 3568. From June

22, 1966 to April 11, 1987, the DCDC awarded jail time

credit to D.C. Code offenders under § 3568, based

primarily on BOP’s policy (See Sentence Computation

Manual (Old Law),Chapter VI). The jail time credit

portion of § 3568 states,

The Attorney General shall give any such person

credit toward service of his sentence for any days

spent in custody in connection with the offense or

acts for which sentence was imposed.

8.2 The BOP totals all jail time credits for concurrent

sentences and deducts that total from the aggregate

sentence. The BOP will recalculate any D.C. Code

sentence that does not conform to the BOP’s “Old Law”

jail time credit policy.

8.3 The instructions in the Sentence Computation Manual (Old

Law), Chapter 6, will continue to apply to D.C. Code

sentences for offenses committed before April 11, 1987.

8.4 Jail time credit under Title 24, D. C. Code § 24-431.

This section provides for jail time credit for D.C. Code

offenses committed on or after April 11, 1987. Jail time

credit is applied to both the maximum and minimum

(including mandatory minimum) terms after application of

inoperative time, if any. (See Title 24, D. C. Code §

24-431(b) below for disposition of jail time credit

resulting from dismissal or acquittal of charges.) (Note:

18 U.S.C. § 3585(b), Credit for prior custody, the U.S.

Code jail time credit provision, which became effective

November 1, 1987, does not apply to D.C. Code sentences.)

a. Title 24, D. C. Code § 24-431(a).

(a) Every person shall be given credit on

the maximum and the minimum term of

imprisonment for time spent in custody. .

. as a result of the offense for which the

sentence was imposed. When entering the

final order in any case, the court shall

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provide that the person be given credit

for the time spent in custody. . . as a

result of the offense for which sentence

was imposed.

b. (Note: See Chapter 17, Parole “Street Time” credit and

parole violator terms, for credit for time spent on

parole in the community.)

8.5 To comply with § 24-431(a), the court may simply state

that the person be given credit for the time spent in

custody and leave the amount of credit to be awarded up

to the BOP. In that case, ISM staff will award the

amount of credit based on the policy in this chapter the

same as if the court had made no statement.

8.6 If the court provides the actual time periods (dates) for

which the credit should be applied, ISM staff shall

determine if the time periods stated are correct. If ISM

staff disagree with the time periods stated, ISM staff

shall apply the amount determined by the court if it is a

greater amount than statutorily authorized, and then

proceed to resolve the conflict with the court.

8.7 If ISM staff discover time credits clearly outside the

time period specified by the court that appear to have

been unknown or not considered by the court, then ISM may

award those credits without consultation with the court.

8.8 “In custody” time (official detention), for jail time

crediting purposes, begins on the date taken into custody

on the basis of the offense for which the sentence was

imposed.

a. An arrest made by non-federal officials for federal

officials solely because of the D.C. Code offense is

considered the same as if made by federal officials and

any time spent in non-federal custody solely on the

basis of the D.C. Code charge will be awarded.

b. Jail time credit will be awarded, or not awarded, for

the following reasons:

1) Federal or non-federal arrest on the D.C. Code

charge for which the sentence was imposed. Time

spent in official detention as a result of the

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offense for which the sentence was imposed will be

awarded.

2) Jail time credit for time spent in a halfway house

pursuant to a Pretrial/Presentence Work Release

Order under Title 23, D. C. Code § 23-1321(c)(xi) or

a Pretrial Services Intensive Supervision Program

Release Order. Jail time credit will be awarded for

time spent in a DCDC halfway house prior to

sentencing. In addition to the time spent in jail,

credit will be awarded only for the days actually

spent in a halfway house as a result of a

Pretrial/Presentence Work Release Order or a

Pretrial Services Intensive Supervision Program

Release Order (ISP) issued by the District Court or

the Superior Court. The credit will not be awarded

unless the J&C file contains the completed original

or certified copy of the order. This portion of the

time credit will not commence until the prisoner is

committed to the DCDC halfway house, regardless of

the date of the order or the date commitment was

ordered.

3) No jail time credit for time spent in a ISP

Community Phase Program. No jail time credit will be

awarded for time spent in the ISP Community Phase

program. Placement in this program is documented by

the completed Official Release To Intensive

Supervision Community Phase form issued by the

District of Columbia Pretrial Services Agency, High

Intensity Supervision Unit. If the inmate is

returned (stepped back) to a half-way house, then

jail time credit must be evaluated under 8.8.b.2 of

this chapter.

4) No jail time credit for time spent in Operation

Progress (Electronic Monitoring Program). No jail

time credit will be awarded for time spent in the

Electronic Monitoring Program. Placement in this

program is documented by the completed Superior

Court order form, You Are Hereby Released To The

Third Party Custody Of The Department Of

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Corrections For Placement In Operation Progress

(Electronic Monitoring Program).

c. Effect of Release Order on other counts or cases if not

dismissed or acquitted. Multiple counts or cases may

exist after commitment to official detention. While

undergoing investigation or prosecution on one or more

counts or cases, the court may enter a Release Order

that may contain language such as Released from custody

on this case only or Released from custody on this

count only which means that the defendant is released

from custody for a specific count or case that is

pending but not currently active. The defendant may

remain in official detention on other counts or cases.

Even though the prisoner receives no credit while under

a Release Order on a count or case, the effect may be

nil if a sentence is received on the remaining counts

or cases because of aggregation/non-aggregation rules

as shown in the example below. (See section 8.20 (a)

of this chapter for an explanation if the other counts

or cases were dismissed or acquitted.) If a sentence

results from the Release Order count or case (or if a

PV warrant is filed as a detainer) prior to the

termination of a sentence that was imposed on the other

count or case, the “Release Order” sentence (or PV

term) may receive time credit belonging to the other

count or case because of the aggregation/non-aggregation rules. Following is an example.

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Release Order rule has “no effect”

06-10-1996 Arrested on Case Nos. 1 & 2

06-30-1996 Released from custody on Case No. 1

07-10-1996 Sentence commences in Case No. 2

07-20-1996 Sentenced in Case No. 1 to a concurrent or

consecutive sentence

30 days jail time credit (06-10-1996 through 07-09-1996) applied

to Case No. 2)

Even though no jail time credit was accrued in Case No. 1 after

06-30-1996, the aggregation or non-aggregation of the sentences

allow for the credit to be applied.

example 2

8.9 In official detention on two or more D.C. Code cases or a

combination of D.C. Code and U.S. Code cases regardless

of which case caused the arrest for the detention. For

jail time credit purposes, the aggregation/non-aggregation rules apply as follows.

a. For consecutive sentences that can be aggregated, total

all jail time credit and deduct from the aggregate.

b. For consecutive sentences that cannot be aggregated.

Calculate each sentence as standing alone applying only

the jail time credit belonging to each.

c. For a concurrent sentence with an EFT equal to or

greater than the EFT of the anchor sentence and that

can be aggregated, total all jail time credit and

deduct from the aggregate.

d. For a concurrent sentence with an EFT equal to or

greater than the EFT of the anchor sentence and that

cannot be aggregated, total all jail time credit and

deduct from each.

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e. For a concurrent sentence with an EFT that is equal to

or less and an SRD that is greater than the anchor

sentence prior to application of jail time credit, each

sentence shall stand alone and each sentence shall have

deducted only its jail time credit.

f. For a concurrent sentence with an EFT that is equal to

or less and an SRD that is equal to or less than the

anchor sentence, but with a PE date that is greater

than the anchor sentence prior to the application of

each sentence’s jail time credit, each sentence shall

stand alone and each sentence shall have deducted only

its jail time credit.

g. For a concurrent sentence with an EFT, a PE date and an

SRD equal to or less than the anchor sentence prior to

the application of each sentence’s jail time credit,

total all jail time credit and deduct from the anchor

sentence. The concurrent sentence will be considered

absorbed in every respect.

8.10 Joint non-federal and federal arrest for a combination of

non-federal and D.C. Code charges.

a. No credit will be awarded to the D.C. Code sentence if

the time is awarded to a non-federal sentence.

d. Credit will be awarded to the D.C. Code sentence if not

awarded to a non-federal sentence.

8.11 Commission of a new D.C. Code offense while serving

another sentence. No jail time credit will be awarded

for the new offense while serving another sentence.

8.12 Escape while serving a D.C. Code sentence, regardless of

where that sentence was being served and regardless of

any other sentence that was being served. If arrested

solely as an escapee, the sentence from which the escape

occurred will recommence and no jail time credit will

accrue toward an eventual escape sentence.

a. If the escapee is arrested for a D.C. Code or U.S. Code

offense while in an escape status, the escape sentence

will recommence on the date of that arrest.

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b. If the escapee is arrested for a non-federal offense,

the escape sentence will not resume running until the

escapee is returned to primary federal custody.

8.13 No credit for non-federal similar or identical charges.

Credit awarded to a non-federal sentence based on charges

that were similar or identical to D.C. Code charges will

not be awarded to the D.C. Code sentence.

8.14 No credit for non-federal “no benefit” time. Non-federal

and D.C. Code sentences may run concurrently. No non-federal jail time credit will be applied to the D.C. Code

sentence regardless of whether such credit benefitted the

raw EFT date of the non-federal sentence in relation to

the raw EFT of the D.C. Code sentence, i.e., any jail

time credit awarded to a non-federal sentence will not be

awarded to a D.C. Code sentence unless it is dismissed or

acquitted.

8.15 No jail time credit while under the jurisdiction of a

writ of habeas corpus. No jail time credit will be

awarded while under the jurisdiction of a writ of habeas

corpus unless the prisoner receives no credit for that

period of time from the jurisdiction that has primary

custody.

8.16 No jail time credit while serving a D.C. Code or U.S.

Code civil contempt order. No jail time credit will be

awarded for the duration of a civil contempt order under

§ 11-944 or 18 U.S.C. § 401 or 28 U.S.C. § 1826. Jail

time credit will be awarded through the date that the

contempt order begins and will continue on the final day

of the contempt order if the prisoner returns to a jail

time credit earning status. The time to serve as a

result of the civil contempt order receives no good time

credits. (See Chapter 7 on Inoperative time for the

effect of a civil contempt order on a sentence that was

in operation when the civil contempt was ordered or if a

sentence was imposed during the service of a civil

contempt order.)

8.17 Credit for jail time while undergoing examination or

treatment under § 24-301(a), Commitment during trial. A

person who has undergone examination or treatment under §

24-301(a) will receive credit for such time as jail time

credit on a subsequent sentence. (See Chapter 10,

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Commitment of insane persons and time credit, for more

information.)

8.18 Credit/non-credit resulting from a D.C. Superior Court

time served order. If it is determined that a time

served order does not include the jail time credit, and

other counts or sentences are involved, an analysis must

be made as to whether that credit applies to any other

sentence. (See Chapter 6, Time served court order, for

more information.)

8.19 Jail time credit for probation revocation terms.

a. For a sentence of probation resulting from the

imposition of sentence being suspended or imposition of

sentence and suspension of the execution thereof all

time spent in official detention in connection with the

original offense shall be applied to the probation

revocation term provided the time has not been applied

to any other sentence.

b. For a sentence of probation resulting from a sentence

that was imposed with execution of a portion thereof

suspended, see Chapter 15, Split Sentences, for the

application/non-application of jail time credit against

the probation revocation term.

8.20 Reasons for the termination of jail time credit. Release

on bail, bond or own recognizance; escape; placement in a

civil contempt status; charges dismissed or acquitted;

commencement of sentence.

NOTE: If the court orders jail time credit

contrary to these rules or if a situation is

present that appears to warrant a double

crediatw,a rid. eo.f, jtahiel atwiamred of the same jail time credit to

different sentences, consult the RISA or central

office.

a. § 24-431(b). This section states,

When a person has been in custody due to a

charge that resulted in a dismissal or

acquittal, the time that would have been

credited against a sentence for the charge,

had the charge not resulted in a dismissal or

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acquittal, shall be credited against any

sentence that is based upon a charge for

which a warrant or commitment detainer was

placed during the pendency of the custody.

1) Credit if a D.C. Code warrant (includes a PV

warrant) or commitment detainer is placed with a law

enforcement agency outside the District of Columbia.

If a D.C. Code warrant or a commitment detainer was

on file with a law enforcement agency outside the

District of Columbia and the charge results in a

dismissal or acquittal, the jail time credit will be

applied to the sentence that results from the

warrant or commitment detainer. The credit will

apply beginning no earlier than the date on which

the warrant or commitment detainer was received at

the facility in which the prisoner was detained.

(In the case of a PV warrant, the PV term would

commence no earlier than the date the PV warrant was

received at the facility in which the prisoner was

detained.) Unlike “Old Law” 18 U.S.C. § 3568 jail

time credit, the status or nature of the charge that

was dismissed or acquitted makes no difference, the

credit will still apply even if no bail was set or

the charge was not bailable.

2) Credit when multiple U.S. Code and D.C. Code

offenses occur prior to arrest and are prosecuted in

one or more trials and one or more charges are

dismissed or acquitted (while incarcerated within

the District of Columbia). If multiple D.C. Code

offenses occur and arrest is made on only one

charge, and that charge was dismissed or acquitted,

the jail time credit accrued will apply to the other

counts or sentences.

a) No credit will apply to a probation revocation

term prior to a probation revocation hearing or

prior to the issuance of a warrant for alleged

probation violation, whichever is first.

b) No credit will apply to a subsequent PV term if a

warrant was issued but not on file as a detainer

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3) Credit when multiple D.C. Code offenses occur prior

to and after arrest and are included in one trial

and one or more charges are dismissed or acquitted.

If multiple offenses occur prior to and after arrest

and the charges for which arrested are dismissed or

acquitted, the jail time credit accrued on those

charges will apply to the other charges from the

date of the offense if later than the date of

arrest.

a) No credit will apply to a probation revocation

term prior to a probation revocation hearing or

prior to the issuance of a warrant for alleged

probation violation, whichever is first.

b) No credit will apply to a subsequent PV term if a

warrant was issued but not on file as a detainer.

8.21 Effect of Release Order on other counts or cases if

dismissed or acquitted. No jail time credit will be

accrued toward the “Release Order” count or case

(including a PV warrant that was issued but not on file

as a detainer) while in that status if the other count or

case was dismissed or acquitted. An example follows:

Release Order rule has “effect”

06-10-1996 Arrested on Case Nos. 1 & 2

06-30-1996 Released from custody on Case No.

1

07-10-1996 Acquitted in Case No. 2

07-10-1996 Recommitted in Case No. 1

07-31-1996 Sentence commences in Case No. 1

42 days jail time credit (06-10-1996 through

06-30-1996 and 07-10-1996 through 07-30-

1996) applied to Case No. 1).

Because Case No. 1 was in a “Release Order”

status from 06-30-1996 to 07-10-1996 while

being held in Case No.2, which was

acquitted, no credit can be applied to Case

No 1. for that 9 days.

Example 3

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CHAPTER 9

9. COMMENCEMENT OF SENTENCE

9.1 There is no D.C. Code statutory provision that pertains

to the commencement of sentence. There are two U.S. Code

statutory provisions that are followed by the BOP for the

commencement of both U.S. Code and D.C. Code sentences.

9.2 For sentences imposed for offenses committed prior to

November 1, 1987, 18 U.S.C. § 3568 (Repealed effective

November 1, 1987) is followed and it states in pertinent

part:

The sentence of any person convicted of an

offense shall commence to run from the date

on which such person is received at the

penitentiary, reformatory, or jail for

service of such sentence. . .

As used in this section the term “offense”

means any criminal offense, other than an

offense triable by court-martial, military

commission, provost court, or other military

tribunal, which is in violation of an Act of

Congress and is triable in any court by an

Act of Congress.

If any such person shall be committed to a

jail or other place of detention to await

transportation to the place at which his

sentence is to be served, the sentence shall

commence to run from the date on which he is

received at such jail or other place of

detention.

No sentence shall prescribe any other method

of computing the term.

9.3 For sentences imposed for offenses committed on or after

November 1, 1987, 18 U.S.C. § 3585(a) (Effective November

1, 1987) is followed and it states,

A sentence to a term of imprisonment

commences on the date the defendant is

received in custody awaiting

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transportation to, or arrives

voluntarily to commence service of

sentence at, the official detention

facility at which the sentence is to be

served.

9.4 The language, in both statutes, is worded in such a way

as to preclude a sentence from beginning to run any

earlier than the date on which it was imposed, i.e., the

BOP will not calculate a sentence as commencing any

earlier than the date of imposition. In addition, a

court may not order a sentence to commence earlier than

the date of imposition.

9.5 Since the DCDC follows §§ 3568 and 3585(a) for the

commencement of sentence, then it is clear that a

sentence may commence automatically to run only if the

prisoner is in the exclusive custody of the Attorney

General, i.e., in the custody of a United States Marshal,

the DCDC or the BOP, on the basis of the charges for

which the sentence was imposed. Since the prisoner is

generally in federal custody on the basis of the charges

for which the sentence was imposed, the sentence

immediately commences. Following are rules pertaining to

the commencement of sentence when other sentences or

other jurisdictions are involved.

a. If the prisoner was in custody under the jurisdiction

of a superior court writ of habeas corpus ad

prosequendum from non-federal custody at the time of

imposition of sentence and the court was silent, the

sentence will run consecutively to the non-federal

charge or sentence.

b. If the prisoner was in custody under the jurisdiction

of a superior court writ of habeas corpus ad

prosequendum from non-federal custody at the time of

imposition of sentence and the court orders the

sentence to run concurrently with the non-federal

charge or sentence, the prisoner shall be returned to

the non-federal jurisdiction and the BOP will designate

the non-federal jurisdiction as the place to serve the

sentence provided there is no statutory provision to

preclude concurrent service.

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c. If the prisoner was serving a U.S. Code or a D.C. Code

sentence at the time the new sentence was imposed and

the court was silent as to the new sentence, the new

sentence will run consecutively to the sentence in

operation (See § 23-112, Consecutive and Concurrent

Sentences, and Chapter 19 of this manual.

d. If the prisoner was serving a U.S. Code or a D.C. Code

sentence at the time the new sentence was imposed, the

court may order the new sentence to run concurrently,

provided there is no statutory provision that would

require otherwise.

e. If the prisoner was sentenced and released on appeal

bond the same day, the sentence shall be stayed pending

disposition of the appeal, i.e., the sentence will not

commence until the appeal has been resolved. (See Rule

38(a)(2), Superior Court Rules of Criminal Procedure.

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CHAPTER 10

10. COMMITMENT OF INSANE PERSONS AND TIME CREDIT

10.1 This chapter pertains to commitments under the provisions

of the D.C. Code, Chapter 3., § 24-301 (prior to

sentencing) and § 24-302 (while serving sentence) and the

time credit which may be awarded as a result of those

commitments.

a. Commitment during trial (§ 24-301(a)). A person who is

committed pursuant to § 24-301(a) will be awarded such

time as jail time credit on the sentence based on § 24-

431(c) which states,

Any person who is sentenced to a term of

confinement in a correctional facility or

hospital shall have deducted from the term

all time actually spent, pursuant to a court

order, by the person in a hospital for

examination purposes or treatment prior to

trial or pending an appeal.

b. Commitment after acquittal by reason of insanity (§ 24-

301(d)(1) and 18 U.S.C. § 4243(i)(1)). Under § 24-

301(d)(1), a person who is acquitted solely on the

ground of insanity at the time of the commission of the

offense will be committed to a hospital until such time

that the person is eligible for release pursuant to §

24-301(e). Under 18 U.S.C. § 4243(i)(1), the person

may be transferred to the custody of the Attorney

General who will commit the person for treatment in a

suitable facility. Under these provisions, the

prisoner shall not be released until an order is

received from the court.

c. Commitment while serving sentence (§ 24-302). This

section establishes the procedure for the transfer of a

person who is serving a D.C. code Sentence and who is

mentally ill to an appropriate hospital facility. A

prisoner who is serving a D. C. Code sentence within

the BOP and who is suspected of suffering from a mental

disease or defect shall be processed in accordance with

Chapter II, Insanity Defense Reform Act of 1984 (See

the subsections pertaining to 18 U.S.C. §§4245-4247) of

the Sentence Computation Manual-CCCA.

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CHAPTER 11

11. CALCULATION OF SENTENCE FOR OFFENSES COMMITTED PRIOR TO

APRIL 11, 1987

11.1 D.C. Code Sentences Served in the D.C. Jail or in the

Workhouse of the District of Columbia. Prior to April

11, 1987, D.C. Code Sentences that were served in the

D.C. Jail or in the Workhouse of the District of Columbia

were calculated under the provisions of § 24-405, Good

conduct deduction (hereinafter referred to as District of

Columbia good conduct time (DCGCT)). The section states

in part,

All persons sentenced to and imprisoned in

the Jail or in the Workhouse of the District

of Columbia [emphasis added], and confined

there for a term of 1 month or longer who

conduct themselves that no charge of

misconduct shall be sustained against them

shall have a deduction upon a sentence of not

more than 1 year of 5 days for each month;

upon a sentence of more than 1 year and less

than 3 years, 6 days for each month; upon a

sentence of not less than 3 years and less

than 5 years, 7 days for each month; upon a

sentence of 5 years and less than 10 years, 8

days for each month; and upon a sentence of

10 years or more, 10 days for each month, and

shall be entitled to their discharge so much

the earlier upon the certificate of the

Superintendent of the Workhouse for those

confined in the Workhouse, of their good

conduct during their imprisonment. When a

prisoner has 2 or more sentences the

aggregate of his several sentences shall be

the basis upon which his deduction shall be

estimated.

11.2 D.C. Code Sentences Served in the non-workhouse

facilities at Lorton or in the BOP. For D.C. Code

offenders confined at the non-workhouse facilities at

Lorton, the sentences were calculated under the

provisions of the U.S. Code with the exception of the

minimum term (parole eligibility). Calculation of the

minimum term was performed in accordance with the D.C.

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Code (See Chapter 16, Minimum Terms, Parole

Eligibility). The U.S. Code parole provisions (18 U.S.C.

§§ 4201-4218) did not apply as the D.C. Code contained

specific parole provisions.

a. The U.S. Code provisions that were followed are: 18

U.S.C. §§ 4161, Computation generally; 4162, Industrial

good time; 4163, Discharge; 4164, Released prisoner as

parolee; 4165, Forfeiture for offense; and 4166,

Restoration of forfeited commutation. Only a brief

explanation and description of these statutory

provisions will be covered in this manual since they

are comprehensively discussed in the Sentence

Computation Manual-Old Law.

b. The BOP continued to apply §§ 4161-4166 to D.C.

offenders transferred to the BOP.

11.3 18 U.S.C. § 4161, Computation generally. The DCDC

utilized 18 U.S.C. § 4161 (SGT) for offenses committed

prior to April 11, 1987 for prisoners committed to the

non-workhouse facilities at Lorton because the good

conduct time provisions of § 24-405 (DCGCT) in the D.C.

Code applied only to persons sentenced to and imprisoned

in the Jail or in the Workhouse of the District of

Columbia as described above. § 4161 states:

Each prisoner convicted of an offense against the

United States and confined in a penal or correctional

institution for a definite term other than for life,

whose record of conduct shows that he has faithfully

observed all the rules and has not been subjected to

punishment, shall be entitled to a deduction from the

term of his sentence beginning with the day on which

the sentence commences to run, as follows:

Five days for each month, if the sentence is not less

than six months and not more than one year.

Six days for each month, if the sentence is more than

one year and less than three years.

Seven days for each month, if the sentence is not less

than three years and less than five years.

Eight days for each month, if the sentence is not less

than five years and less than ten years.

Ten days for each month, if the sentence is ten years

or more.

When two or more consecutive sentences are to be

served, the aggregate of the several sentences

shall be the basis upon which the deduction shall

be computed.

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a. The formula for determining SGT and DCGCT for a single

month, or any number of months, is: Month(s) x rate =

Days for one or more months. (For example: 7 months x

the rate of 5 days per month = 35 days for the 7

months. 60 months x the rate of 8 days per month = 480

days for 60 months.)

b. The formula for determining the days to award for a

partial month is: Days x rate ÷ 30 = Days (fractions

are dropped) to award. (For example: 11 days x the

rate of 8 days per month = 88 days ÷ 30 = 2.9 days

(fractions are dropped) = 2 days SGT. 15 days x the

rate of 7 days per month = 105 ÷ 30 = 3.5 days

(fractions are dropped) = 3 days SGT.

c. There are no examples of pre-April 11, 1987 sentence

calculations for D.C. Code sentences in this manual

since those calculations are the same as for U.S. Code

Old Law sentences which are fully discussed and

described in the Sentence Computation Manual-Old Law.

11.4 18 U.S.C. § 4162, Industrial good time. This type of

good time includes industrial good time, meritorious good

time (not to be associated with § 24-429.1 Meritorious

good time), camp good time and community corrections good

time. All these forms of good time are collectively

called extra good time (EGT).

a. Industrial assignments at Lorton were awarded EGT under

this provision to D.C. Code sentences for a period of

time that ended in the 1980's. There may be D.C. Code

offenders still serving D.C. Code sentences that

received this type of EGT from DCDC. This EGT shall

continue to be applied as awarded by the DCDC and will

be considered vested.

b. For prisoners in the custody of the BOP, EGT has been

awarded to D.C. Code sentences from the 1940's to June

22, 1994 for offenses committed prior to June 22, 1994.

No EGT will be awarded to a D.C. Code sentence for an

offense committed on or after June 22, 1994. EGT

earned in a BOP facility is vested.

c. The formula for EGT is: Days on assignment x rate =

Product ÷ Days in month = Total number of days to be

awarded for a month (any fraction of a day equals 1

day). Please see the Sentence Computation Manual (Old

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Law) for complete and comprehensive instructions for

the application and examples of EGT. EGT may not be

forfeited or withheld.

d. It is important to reiterate the exception to the “any

fraction of a day equals 1 day” rule. A prisoner who

is in and out of an assignment the same day, does not

receive a 1 day EGT credit for that day, i.e., a

prisoner must be in an assignment for a minimum of 2

consecutive partial days before 1 day of EGT may be

awarded.

11.5 18 U.S.C. § 4163, Discharge. This section requires that

a prisoner shall be released at the expiration of his

term of sentence less the time deducted for good conduct.

11.6 18 U.S.C. § 4164, Released prisoner as parolee. This

section is an extension of § 4163 and requires that a

prisoner having served his term or terms less good-time

deductions shall, upon release, be deemed as if released

on parole until the expiration of the maximum term or

terms for which he was sentenced less one hundred and

eighty days. Releases under §§4163-4164 are termed

expiration full term (EXP-FT) with no good time;

expiration good time (Exp-GT) with 180 days or less of

good time; and mandatory release (MR) with 181 days or

more of good time. For example, a person who earns 144

days SGT plus 37 days EGT for a total of 181 days good

time, will be released by MR, as if on parole, with one

day of supervision to follow release from the confinement

portion of the sentence. (MR does not apply to a NARA

sentence or its violator term.)

NOTES: As noted, DCGCT could be applied only to persons sentenced

to and imprisoned in the Jail or in the Workhouse of the

District of Columbia. It could not be applied to

prisoners committed to the non-workhouse facilities at

Lorton.

See Chapter 20, Aggregation/Non-Aggregation of Sentences.

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11.7 18 U.S.C. § 4165, Forfeiture for offense and § 4166,

Restoration of forfeited commutation. These two sections

authorize the forfeiture and restoration of SGT.

Forfeiture and restoration hearings will be conducted

under the provisions of the Program Statement on Inmate

Discipline and Special Housing Units.

Note: There are numerous examples and a thorough

discussion of these releases in the Sentence

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CHAPTER 12

12. CALCULATION OF SENTENCE FOR OFFENSES COMMITTED ON OR AFTER

APRIL 11, 1987

12.1 The District of Columbia Good Time Credits Act of 1986

(the “Act”)became effective on April 11, 1987 for all

D.C. Code offenses committed on and after that date. It

also applied to sentences being served but only from

April 11, 1987 forward as will be explained post. D.C.

Code § 24-405 was repealed by this Act but was replaced

with § 24-428, Institutional good time (hereinafter

referred to as DCIGT) with no significant change to the

amount of good time that could be earned based on

conduct. (The change was that good conduct time would

begin to accrue with a sentence of 30 days instead of

with a sentence of one month.) It also added § 24-429,

Educational good time; § 24-430, Administration of good

time credits and § 24-432, Forfeiture. 18 U.S.C. § 4162,

Industrial good time continued to be applied to sentences

imposed under § 24-428.

a. DC Code § 24-428, Institutional good time. § 24-428,

when initially enacted, applied only to prisoners

imprisoned in a District correctional facility but this

had no negative effect since the BOP applied SGT to

prisoners transferred to BOP custody. This practice

became moot on August 17, 1991 when § 24-428 was

amended to apply to any D.C. Code offender regardless

of location and was retroactive. § 24-428 was repealed

effective June 22, 1994 for offenses occurring on and

after that date. DC Code § 24-428 states,

(a) Every person who is convicted of a

violation of a District of Columbia

(“District”) criminal law by a court in the

District of Columbia and whose conduct is in

conformity with all applicable institutional

rules is entitled to institutional good time

credits in accordance with the provisions of

this section. Application of good time

credits shall commence on the 1st Day of the

person’s commitment, as follows:

(1) Five days for each month, if the

sentence is not less than 30 days and

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not more than 1 year.

(2) Six days for each month, if the sentence is more

than 1 year and less than 3 years.

(3) Seven days for each month, if the sentence is

not less than 3 years and less than 5 years.

(4) Eight days for each month, if the

sentence is not less than 5 years and

less than 10 years.

(5) Ten days for each month, if the

sentence is 10 years or more.

(6) When 2 or more consecutive sentences are

to be served, the aggregate of the several

sentences shall be the basis upon which

the good time credits shall be applied.

(b) Good time credits. . . shall be applied to

the person’s minimum term of imprisonment to

determine the date of eligibility for release on

parole and to the person’s maximum term of

imprisonment to determine the date when release on

parole becomes mandatory.

(c) Good time credits applied to the minimum term

of imprisonment shall be computed solely on the

basis of the minimum term of imprisonment. Good

time credits applied to the maximum term of

imprisonment shall be computed solely on the basis

of the maximum term of imprisonment.

(d) Institutional good time credits under this

section shall be applied without regard to the

person’s award of educational good time credits

under § 24-429.

NOTES: The formula for determining DCIGT is

the same as for SGT and DCGCT as previously

discussed.

See Chapter 20, Aggregation/Non-Aggregation of

Sentences.

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b. As noted earlier, § 24-428 applied to prisoners in the

service of sentences on the effective date of April 11,

1987 which had no significant effect except as to

minimum terms which will be discussed in Chapter 16,

Minimum Terms (Parole Eligibility).

c. There is no 180 day date (18 U.S.C. § 4164) for a § 24-

428 sentence. If not paroled by action of the U.S.

Parole Commission, a sentence under this section will

be mandatorily paroled on the SRD.

d. There are no examples of DCIGT calculations or

aggregations in this manual since those types of

calculations are fully discussed and described in the

Sentence Computation Manual-Old Law.

12.2 § 24-429, Educational good time. § 24-429, like § 24-

428, became effective on April 11, 1987 but unlike § 24-

428, it was not repealed on June 22, 1994 and remains in

effect. § 24-429 applies only to sentenced D.C. Code

offenders. The section states:

(a) Every person whose conduct complies with

institutional rules and who demonstrates a

desire for self-improvement by successfully

completing an academic or vocational program,

including special education and Graduate

Equivalency Diploma programs, shall earn

educational good time credits of no less than

3 days a month and not more than 5 days a

month. These credits shall not be awarded

until completion of the academic or

vocational program.

(b) Educational good time credits authorized

by the provisions of this section shall be

applied to the person’s minimum term of

imprisonment to determine the date of

eligibility for release on parole and to the

person’s maximum term of imprisonment to

determine the date when release on parole

becomes mandatory.

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a. A prisoner who was enrolled in an educational course or

program prior to April 11, 1987 but who did not

complete it until after April 11, 1987, became eligible

to earn the credits only from the time on and after

April 11, 1987.

b. Any prisoner who enrolled in an educational course or

program on and after April 11, 1987 became eligible to

earn educational good time credits.

c. A prisoner whose offense occurs on or after August 5,

2000, will not be entitled to earn DCEGT.

d. Prisoners who are in a DCEGT earning status on and

after August 5, 2000 will continue to earn DCEGT

credits.

e. Prisoners whose sentences were imposed on and after

August 5, 2000 but whose offenses occurred from April

11, 1987 to August 5, 2000, will be entitled to earn

DCEGT.

f. For full implementation instructions, see Program

Statement Educational Good Time Sentence Credit for

D.C. Code Offenders.

g. DCEGT, as required by the statute, must be awarded to

both the minimum and maximum terms. See Chapter 16,

Minimum Terms (Parole Eligibility), for exceptions.

h. If a prisoner is transferred from DCDC to the BOP prior

to the completion of necessary documentation to delay

or withhold such credits, the BOP will enforce whatever

sanction was taken upon the receipt of proper

documentation from the Director of DCDC.

i. For D.C. Code offenders transferred to the BOP,

educational good time credits are noted in the “Conduct

Credits” section of the DCDC Face Sheet.

j. After transfer or commitment to the BOP, enrollment in

a BOP approved program for any portion of a calendar

month (one day or more) equals one full month’s worth(3

to 5 days) of EGT.

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k. No DCEGT will be applied to a minimum mandatory

sentence.

l. No DCEGT will be applied to any minimum term for an

offense mentioned in § 24-434.

m. DCEGT that exceeds the 15-85% date will not be applied

to minimum terms as discussed in §§ 24-429.2 and 24-

208(b).

n. ISM staff will not award DCEGT until the D.C.

Educational Good Time form is received from the

Supervisor of Education.

o. ISM staff will calculate the amount of DCEGT to award

based on the information contained on BOP form D.C.

Educational Good Time.

12.3 § 24-432, Forfeiture. § 24-432, like § 24-428, became

effective on April 11, 1987 but unlike § 24-428, it was

not repealed on June 22, 1994 and remains in effect. The

section states,

The award of good time credits for good behavior and

faithful performance of duties may be forfeited, withheld

and restored by the Director, in accordance with rules

promulgated by the Mayor pursuant to § 24-430, after a

hearing, which shall be conducted in accordance with the

rules.

a. Because of this statutory provision, from April 11,

1987, the DCDC no longer had to rely on 18 U.S.C. §§

4165-4166 for the forfeiture, withholding and

restoration of time credits. The implementing DCDC

rules for § 24-432, as promulgated by the Mayor, were

published in May 1987 in Title 28, Chapter 5, of the

District of Columbia Municipal Regulations, as amended

on February 19, 1988 in Volume 35 of the District of

Columbia Register. For D.C. Code offenders in BOP

facilities, discipline hearings, or considerations for

restoration, are conducted under the provisions of the

BOP program statement on Inmate Discipline and Special

Housing Units.

b. After arrival in the BOP, educational good time credits

that have been delayed or withheld may be awarded or

restored.

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CHAPTER 13

13. CALCULATION OF SENTENCE FOR OFFENSE COMMITTED ON OR AFTER

JUNE 22, 1994

13.1 The Omnibus Criminal Justice Reform Amendment Act

(OCJRAA)of 1994, which became effective June 22, 1994,

repealed § 24-428, Institutional good time. As a result,

a D.C. Code sentence for an offense committed on and

after June 22, 1994 can receive no DCIGT. (See Chapter

20., Aggregation/Non-Aggregation of Sentences.)

a. Release on the EFT. Because an OCJRAA sentence

receives no DCIGT, a prisoner must be released on the

EFT if not earlier paroled and if no DCEGT has been

earned. The maximum a prisoner can serve is to the

EFT.

b. Release on parole. A prisoner who reaches his parole

eligibility date after having served the minimum term

and is paroled based on a Notice of Action received

from the USPC will be released on parole on the date

established. The USPC has the authority to alter or

change the date by another Notice of Action or other

special action directed to the BOP (usually the

institution in which the prisoner is presently located)

based on its own reasons or at the request of the BOP.

Some BOP reasons for requesting a release delay might

include completion of release planning, transportation

difficulties, short term illness, and other compelling

reasons as determined by the warden. The USPC may

issue a nunc pro tunc (retroactive) Notice of Action

that authorizes parole in the past but not earlier than

the parole eligibility date.

c. Mandatory release. Prisoners who have earned DCEGT

credits will have those credits deducted from the

minimum term (See Chapter 16, Minimum Terms (Parole

Eligibility), for exceptions) and from the EFT. A

prisoner who is not paroled prior to reaching the EFT

minus DCEGT credits, will be mandatorily released on

that date and will be under parole supervision through

the EFT date. A mandatory release may not be delayed

except for extraordinary reasons involving the care,

welfare or security of the prisoner and the

institution. A request for such a delay must be

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referred to the RISA and Regional Counsel who, with the

approval of the Regional Director, will determine a

course of action.

d. For information purposes, on May 8, 1996, a Prison

Industries was authorized to be established within the

DCDC under the provisions of §§ 24-458.1-458.15.

Subsection § 24-458.8(g) provides that a prisoner may

receive educational good time credit for participating

in the prison industries program pursuant to § 24-429.

As of the publication date of this manual, DCDC had

established no program to implement this provision so

it is unlikely that DCEGT credits will have been

awarded to a DCDC prisoner for participation in a DCDC

Prison industries program.

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CHAPTER 13a

13a. CALCULATION OF SENTENCE FOR OFFENSE COMMITTED ON OR AFTER

AUGUST 5, 2000.

13a.1 The original D.C. Code § 24-203.1, Sentencing Reform

Amendment Act (SRAA), became effective on August 5, 2000.

This statute applied only to D.C. Code § 24-1212(h)

offenses and required the court to impose an adequate

period of supervision to follow imprisonment or

confinement. The original § 24-203.1 did not address non

§ 24-1212(h) or misdemeanor offenses. On August 11,

2000, at 5:00 p.m., the original § 24-203.1 was amended.

This new § 24-203.1 applies to all felony offenses.

Additionally, § 24.203.2 was added to address misdemeanor

offenses. For offenses committed during this period,

August 5, 2000, through August 11, 2000, at 4:59 p.m.,

the courts may sentence the defendant under either the

OMNIBUS or the SRAA sentencing provisions for non § 24-

1212(h) offenses.

13a.2 ISM Responsibility. It is the ISM staff’s responsibility

to review each J&C Order carefully to determine which

sentencing provision applies to each count. If ISM staff

are unable to determine which sentencing provision

applies, then staff will refer the matter to the Regional

Inmate Systems Administrator (RISA).

13a.3 Good Time Credit for SRAA Sentences. D.C. Code

24-203.1(d) states in part that,

A person sentenced to imprisonment, or to commitment

pursuant to D.C. Code § 24-803, under this section may

receive good time credit toward service of the sentence

only as provided in 18 U.S.C. § 3624(b).

Note: ! An SRAA sentence is not entitled to a reduction from the term of imprisonment

or confinement for successfully completing a substance abuse program under

18 U.S.C. § 3621(e)(2)(B) nor a shock incarceration program under 18 U.S.C.

§ 4046.

! SRAA sentences are not eligible to earn educational or meritorious good time

(D.C. Code § 24-429 and 24-429.1) credits.

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13a.4 Combining D.C. SRAA Sentences. There is no aggregation

language in the SRAA. Since there are no differences in

good time credit for SRAA or PLRA sentences, those

sentences may be combined with themselves and each other

(including YRA and Split sentences) to establish a single

release date, yet an SRAA sentence may not be combined

with any other type of sentence, including one for a

misdemeanor offense.

13a.5 Supervised Release.

a. Prior to August 11, 2000, D.C. Code § 24-203.1(b)stated

in part that,

. . . the court shall impose an adequate period of

supervision to follow release from the imprisonment or

commitment.

b. After August 11, 2000, D.C. § 24-203.1 (b)(1) states,

If an offender is sentenced to imprisonment, or to

commitment pursuant to § 24-803, under this section, the

court shall impose a period of supervision (“supervised

release”) to follow release from the imprisonment or

commitment.

c. Supervised release may run concurrent or consecutive to

other periods of supervised release to include

probation. If the court is silent, they will be

treated as concurrent. If no term of supervised

release is included in the J&C, ISM staff will notify

the RISA.

d. If the D.C. Superior Court imposed a period of

supervision, the Court Services and Offender

Supervision Agency (CSOSA) (see D.C. Code § 24-1233(a))

is responsible for the supervision as provided for in

D.C. Code § 24-1233(c)(2). The U.S. Parole Commission

has the authority to revoke supervised release and

impose a revocation term.

e. If a period of supervision was imposed by any U.S.

District Court for only a D.C. Code offense(s), the

U.S. Probation Service is responsible for supervision

and the U.S. District Court has the authority to revoke

supervised release and impose a revocation term.

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13a.6 Multiple Terms of Supervised Release. The possibility

exists that a prisoner may be released with a combination

of supervised release periods to follow, one or more

periods under the jurisdiction of the U.S. District

Courts (SRA, VCCLEA, and PLRA), and one or more periods

under the U.S. Parole Commission’s jurisdiction.

Supervised release imposed by a U.S. District Court for a

D.C. Code offense will be under the U.S. District Court’s

jurisdiction and be supervised by the U.S. Probation

Service. Following are some examples of supervised

release situations:

a. Combination of U.S. Code and D.C. Code periods of

supervised release in a single J&C. The supervised

releasee will be under the U.S. District Court’s

jurisdiction and under the U.S. Probation Service’s

supervision for both periods of supervised release.

Only the court may revoke supervised release in this

situation.

b. Supervised release imposed by U.S. District Court and

by Superior Court. Upon release from both sentences,

the terms of supervised release run concurrently, one

under the U.S. District Court’s jurisdiction and the

other under the U.S. Parole Commission’s jurisdiction.

A supervised releasee could be returned as a supervised

release violator for a U.S. District Court imposed term

of supervised release with a period of supervised

release under the jurisdiction of the U.S. Parole

Commission unrevoked, or the reverse.

13a.7 Notification Procedures for Multiple Terms of Supervised

Release. Because of the possibility of multiple periods

of supervised release under two different jurisdictions,

ISM staff must ensure that release paperwork includes

release notification to the appropriate jurisdictions

(U.S. Probation Service for the U.S. District Court and

CSOSA for the U.S. Parole Commission/Superior Court).

ISM staff will also ensure that the jurisdiction with the

unrevoked period of supervised release is notified of a

prisoner’s return to imprisonment as a supervised release

violator.

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13a.8 D.C. Code § 24-203.2 (Misdemeanor Sentence). This section

pertains to sentencing and good time credit for

misdemeanor offenses committed on or after August 5,

2000, for persons who elect sentencing under this

provision or whose offense was committed on and after

5:00 p.m. on August 11, 2000. The section states in

part,

A sentence of incarceration, or of commitment pursuant

to D.C. Code § 24-803, for a misdemeanor. . . shall be

for a definite term, which shall not exceed the maximum

term allowed by law. A person sentenced to

incarceration, or to commitment pursuant to D.C. Code §

24-803, under this section, shall serve the term of

incarceration or commitment specified in the sentence,

less any time credited toward service of the sentence

as provided in D.C. Code § 24-429 through D.C. Code §

24-433.

a. ISM staff not responsible for calculating misdemeanor

sentences. ISM staff are not responsible for

calculating D.C. Code misdemeanor sentences but it is

necessary that they are able to identify those

sentences. In addition, it is necessary that ISM staff

are able to perform unofficial calculations to

determine how the misdemeanor sentence fits into the

overall sentencing scheme so that an informed decision

can be made as to when, or whether, the prisoner should

be returned to the D.C. Department of Corrections to

serve the misdemeanor sentence. The D.C. Department of

Corrections is to be contacted for a calculation of his

or her misdemeanor sentence.

b. Misdemeanor sentence not eligible for parole under

SRAA. A misdemeanor sentence under this section is for

a definite term and not eligible for parole.

c. Misdemeanor sentence eligible for educational and

meritorious good time credits. A misdemeanor sentence

under 24-203.2 is eligible to earn educational and

meritorious good time credits as administered by the

D.C. Department of Corrections.

13a.9 Combining D.C. Code § 24-203.1 Sentences with PLRA

Sentences for 3621(e) and 4046 Purposes. As noted in

section 14.7(2)(a)(b), 18 U.S.C. §§ 3621(e) and 40P4568 8d0o. 33

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not apply to 24-203.1 sentences. Since those sentences

may be combined with PLRA sentences that may qualify for

§§ 3621(e) and 4046 reductions, the sentences must be

calculated initially as standing alone to determine which

rule applies in each situation. (These same rules will

apply to non-PLRA sentences except they will not be

combined to form a single release date.)

a. In concurrent sentence situations, if the SRAA SRD is

equal to or greater than the PLRA SRD, no §§ 3621(e) or

4046 reduction may be given.

b. In concurrent sentence situations, if the PLRA SRD is

greater than the SRAA SRD, a §§ 3621(e) or 4046

reduction may be given. No reduction, however, may

reduce the time to serve earlier than the SRAA SRD.

c. Regardless of which sentence comes first in

combinations of consecutive sentences, a §§ 3621(e) or

4046 reduction may be given. In these instances, the

RISA must be contacted.

13a.10 Fines. There are no provisions in D.C. Code to retain a

prisoner in confinement beyond the release date for

nonpayment of a fine. There is no provision in the SRAA

that addresses a fine in connection with a prisoner being

released on supervised release and 18 U.S.C. §

3624(e) does not apply. ISM staff are not required to

monitor a prisoner’s fine status for release purposes.

ISM staff are required, however, to notify the

appropriate U.S. Attorney of any prisoner released with

an unpaid fine (see the Notice of Release of Inmate with

Criminal Fine form (BP-S384)).

13a.11 Probation Under D.C. Code § 16-710. The SRAA has amended

D.C. Code § 16-710 by adding a new subsection (b-1) that

authorizes the court to order, as a condition of

probation for a felony, that the defendant remain in

custody or in a Community Correctional Center (CCC)

during nights, weekends, or other intervals totaling not

more than one year during the term of probation. Other

probation provisions remain in effect. The amount of

time in custody, or in a CCC is not to exceed one year,

while on probation, may be accumulated during the entire

period of probation. Jail time credit will be awarded as

ordered in a subsequent term of imprisonment.

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CHAPTER 14

14. YOUTH REHABILITATION AMENDMENT ACT OF 1985

14.1 The Youth Rehabilitation Amendment Act (YRA) of 1985 (§§

24-801-807) became effective on December 7, 1985 for

convictions that occurred on and after that date if the

date of offense occurred on and after October 12, 1984

(the date of repeal of the U.S. Code Youth Corrections

Act (YCA) (18 U.S.C. §§ 5010-2026). Prior to October 12,

1984, Superior Court could impose sentences under the

YCA. The YRA essentially replaced the YCA. The

statutory provisions of the YRA pertaining to sentencing

matters are stated below.

§ 24-801. Definitions.

For purposes of this chapter, the term:

(1) “Committed youth offender” means an

individual committed pursuant to this

chapter for treatment in the District of

Columbia.

(2) “Conviction” means a judgment on a

verdict or a finding 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.

IMPORTANT NOTE: As to conviction, it is the BOP’s

opinion that conviction and sentencing, for this purpose

only, are separate judicial acts. For example, if a

defendant is convicted a few days prior to the twenty-second birthday and sentencing does not occur until after

the twenty-second birthday, the court may still impose a

sentence under the YRA.

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Once trial has commenced, there are a number of events

(e.g., release on writ to another jurisdiction, illness, a

request for continuance by the government or defense

attorney, appeal, etc.) that can interrupt proceedings

causing a conviction to be delayed beyond a person’s twenty-second birthday. Whether such delays can be considered

exceptions to the “twenty-two at time of conviction” rule

are matters to be resolved between the court and the

defendant. If a person’s conviction occurs after the

twenty-second birthday and the court sentences under the

YRA, ISM staff shall enforce the judgment and commitment as

issued.

§ 24-802. Facilities for treatment and

rehabilitation. This section provides as follows.

(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

chapter.

(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 youth offenders shall be

segregated according to their needs for

treatment.

NOTE: ISM staff have no responsibility with regard

to this section but it is included to furnish ISM

staff with a complete overview of the various YRA

provisions as well as providing information that may

be useful in discussions with other staff and

inmates.

§ 24-803. Sentencing alternatives. The YRA

sentencing alternatives follow.

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(1) Probation. The court may place a youth

offender on probation.

(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.

Note: Although not specifically mentioned in subsection (a)(1), it

is presumed that the statutory provisions of § 16-710 control for

probation sentences under the YRA, e.g., the period of probation

cannot exceed five years and the court may impose a “split

sentence” as discussed in Chapter 15, Split Sentences, first

paragraph. A YRA split sentence will be calculated in every

respect the same as described in Chapter 15. A YRA split sentence

(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) [Omitted.] (Required that the Mayor

develop a youth offender community service

plan.)

(4) If the court unconditionally discharges a

youth offender from probation pursuant to

§ 24-806(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.

Note: Although ISM staff have no responsibility with regard to

subsections (a)(2) and (4), they have been included to furnish ISM

staff with a complete overview of the various YRA provisions as

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(2) Sentencing. A youth offender, upon conviction, may

be sentenced as follows.

(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 chapter

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 § 24-804.

(c) Where the court finds that a person is a

Note: Under subsection (b), the court may sentence

a youth offender up to the maximum sentence

youth offender and determines that the

youth offender will derive benefit from

the provisions of this chapter, 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 would affect

the decision of the court to sentence the

youth offender pursuant to the provisions

of this chapter.

(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.

14.2 There are a number of ways to identify a YRA sentence on

a J&C.

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a. Some J&C’s contain a box that will be checked if a YRA

sentence has been imposed. (The statement next to the

box is, ORDERED that the defendant be committed to the

custody of the Attorney General for treatment and

supervision provided by the D.C. Department of

Corrections pursuant to Title 24, Section 803(b) of the

D.C. Code [Youth Rehabilitation Act of 1985].)

b. If there is no box on the J&C, there may be a

handwritten or typed statement such as, Sentenced under

the provisions of the YRA, or Committed pursuant to §

24-803(b). There may be other statements on the J&C

that will identify the sentence as being under the YRA.

c. If there is nothing on the J&C that states the sentence

is under the YRA, but the sentence imposed is for a

felony and there is no minimum term, then ISM staff

must request a clarification from the court.

14.3 Mandatory minimum terms do not apply in accordance with

D.C. Code § 24 804 (a), which makes the inmate eligible

for parole.

14.4 A youth offender may not be sentenced under the

provisions of the YRA if convicted of the crime of murder

(§ 22-2404). (See § 24-801(6) above).

14.5 A YRA sentence commences under the same rules as

discussed in Chapter 9, Commencement of Sentence.

14.6 A YRA sentence and a YRA PV term are immediately eligible

for parole (See § 24-804 below.)

14.7 A YRA sentence is entitled to earn good time credits the

same as any other D.C. Code sentence. The type and

amount of good time credits that may be awarded are based

on the date of offense (See Chapters 11, 12, and 13.)

14.8 A YRA PV term is calculated the same as any other PV term

depending on the date of the original offense. (See §

24-206(a).)

14.9 YRA sentences may be aggregated with each other,

including a YRA PV term, but not with any other

sentencing provision, including a YRA split sentence.

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14.10 YRA sentences may run concurrently with, or consecutively

to, each other or other sentences.

14.11 Jail time credit and inoperative time apply to YRA

sentences the same as for other sentences.

14.12 Observation and study. After conviction and prior to

sentencing, the court may commit a youth offender for

observation and study as follows.

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.

a. The observation and study period is ordered after

conviction and prior to sentencing.

b. The time spent in custody for the observation and study

is treated as jail time credit on the sentence that

results.

14.13 Statement about sentencing alternatives. The following

subsection is self-explanatory and needs no further

comment.

14.14 Subsections in this chapter provide sentencing

alternatives in addition to the alternatives already

available to the court.

§ 24-804. Conditional release; unconditional

discharge.

(1) Release.

(a) A committed youth offender may

be released conditionally under

supervision whenever appropriate.

14.15 For sentence calculation purposes, a youth offender is

immediately eligible for parole.

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14.16 A youth offender may be released on parole by the U.S.

Parole Commission whenever appropriate prior to the

mandatory release date that is based on good time

credits, or prior to the EFT if there are no good time

credits.

14.17 If the youth offender is released by mandatory release

(there is no 180 day date for these sentences) because of

good time credits, supervision is to the EFT.

14.18 If the youth offender acquires no good time credits, or

loses all good time credits, and is released on the EFT,

no supervision follows.

14.19 § 24-804 continued:

Discharge.

(b) A committed youth offender may be

unconditionally discharged at the end of

1 year from the date of conditional

release.

§ 24-805. Determination that youth offender will

derive no further benefit; appeal. If the

Director of the DCDC determines that a youth

offender will derive no further benefit under

this provision, the Director will so notify

the youth offender and explain the right to

appeal the decision.

(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 chapter, 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;

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(2) Specific reasons for the Director’s

no 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.

14.20 If the no further benefit determination becomes final,

there is no change to the sentence computation. The

prisoner is still a youth offender, is immediately

eligible for parole and the rules about aggregation/non-aggregation still apply.

14.21 Any documentation generated by the DCDC and Superior

Court shall be placed in the judgment and commitment

file. ISM staff shall assure that case management staff

receive copies of all documentation referring to the no

further benefit determination, regardless of whether

successfully appealed. For further information, see ISM

Manual.

§ 24-806. Unconditional discharge sets aside

conviction.

(a) Upon the unconditional discharge of the

youth offender before expiration of the

maximum sentence imposed, the District of

Columbia Board of Parole shall

automatically set aside the conviction.

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(b) If the maximum sentence of the 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

the youth offender a certification to that

effect.

NOTE: ISM staff have no responsibility with regard to

this section but should be aware that the setting aside of

the conviction is possible for a youth offender. Any

documentation received after the youth offender’s release

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CHAPTER 15

15. SPLIT SENTENCE

15.1 The statutory provision that authorizes the imposition of

a split sentence is D.C. Code § 16-710, Suspension of

imposition or execution of sentence. For the purposes of

this manual, split sentence means a sentence that was

imposed with execution of a portion thereof suspended and

a period of probation to follow that may not exceed five

years. The phrase “split sentence” is not mentioned in

the statute. The phrase, for BOP purposes, distinguishes

between a sentence with execution of a portion suspended

with probation to follow and a sentence with execution of

all the sentence suspended.

15.2 The court may impose a “split sentence” to run

concurrently with, or consecutively to, an existing term.

15.3 § 16-710 states,

(a) Except as provided in subsection (b), in

criminal cases in Superior Court of the

District of Columbia, the court may, upon

conviction, suspend the imposition or impose

sentence and suspend the execution thereof, or

impose sentence and suspend the execution of a

portion thereof [emphasis added], for such time

and upon such terms as it deems best, if it

appears to the satisfaction of the court that

the ends of justice and the best interest of

the public and of the defendant would be served

thereby. In each case of the imposition of

sentence and the suspension of the execution

thereof, or the imposition of sentence and

suspension of the execution of a portion

thereof, the court may place the defendant on

probation under the control and supervision of

a probation officer. The probationer shall be

provided by the clerk of the court with a

written statement of the terms and conditions

of this probation at the time when he is placed

thereon. He shall observe the rules prescribed

for his conduct by the court and report to the

probation officer as directed. A person may

not be put on probation without his consent.

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(b) The period of probation referred to in

subsection (a), together with any extension

thereof, shall not exceed 5 years.

(c) Nothing in this section shall be deemed to

supersede the provisions of section 22-104a.

NOTE: § 22-104a refers to the penalty that may

be imposed for a felony after at least two prior

15.4 You will note, based on the statute, that the court has

three options:

a. Suspend the imposition of sentence.

b. Impose sentence and suspend the execution thereof.

c. Impose sentence and suspend the execution of a portion

thereof.

15.5 With any of the above options, the court may impose a

period of probation not to exceed 5 years. Whether the

court may impose consecutive or concurrent periods of

probation in the same or other judgments that exceeds 5

years is not a matter over which the BOP has any

monitoring responsibility or control. A prisoner with

questions about probation should be referred to the Court

Services and Offender Supervision Agency for the District

of Columbia.

15.6 A split sentence, as discussed above, occurs when a court

imposes a sentence, suspends a portion thereof, and

requires a period of probation to follow.

15.7 The following rules have been established based on the

presumption that the court was silent when both the

original split sentence and probation revocation term

were imposed or, if an order was included, the order did

not contradict the rules. If the court did issue an

order contrary to these rules, then the matter must be

referred to the RISA or central office for assistance.

a. There is no statutory maximum period of time to serve

for the split sentence portion of the sentence.

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b. A split sentence is entitled to jail time credit

towards imprisonment.

c. Ordinarily, a split sentence is not eligible for parole

& no minimum term will be imposed. They will

ordinarily be released by Exp-FT or Exp-GT. Whenever

the split sentence portion is greater than the minimum

term of the original sentence, ISM staff shall contact

the Central Office for guidance.

d. A split sentence is entitled to DCGCT or DCIGT

depending on the length of the split sentence portion

and the date of offense. (There is no DCGCT or DCIGT

for offenses committed on or after June 22, 1994.) The

rate is dependent on the length of the split sentence

portion and not on the sentence imposed.

e. A split sentence may earn BOP EGT (18 U.S.C. § 4162)

for an offense committed prior to June 22, 1994 and may

earn DCEGT (§ 24-429) for an offense committed on and

after April 11, 1987.

f. The initial portion of a split sentence may be

aggregated with another split sentence or with a

misdemeanor sentence of 180 days or less but may not be

aggregated with any other sentence.

15.8 The following rules apply to a split sentence probation

revocation term. Any time spent in official detention in

connection with the probation revocation term will be

applied to the probation revocation term.

a. All of the time spent serving the split sentence, plus

its jail time credit, shall be applied to the probation

revocation term if the probation revocation term is

equal to the original sentence. The actual amount of

time spent serving the split sentence will be treated

the same as jail time credit.

b. None of the time spent serving a split sentence,

including its jail time credit, will be applied to a

probation revocation term if the probation revocation

term plus the time spent serving the split sentence and

its jail time credit when added to the probation

revocation term is equal to or less than the original

sentence. See Brame v. Palmer 510 A.2d 229 (Ct. App.

1986)

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06-15-1990 Arrested

06-23-1990 Sentenced to 2 to 6 yrs, ESS of all but

18 mos with 5 yrs probation to follow.

08-28-1991 SRD (includes 108 DCIGT & 8 JTC).

440 dys served on the 18 mos split sentence(including 8

dys JTC).

11-05-1991 Arrested as alleged probation violator.

11-15-1991 Probation revoked and sentenced to 1 to 3

yrs (10 dys JTC).

Example 3

c. If the time spent serving the split sentence, including

its jail time credit, exceeds the original sentence

after adding it to the revocation term, then any excess

shall be applied to the probation revocation term.

06-15-1990 Arrested

06-23-1990 Sentenced to 2 to 6 yrs, ESS of all but 18 mos with 5 yrs

probation to follow.

08-28-1991 SRD (includes 108 DCIGT & 8 JTC).

440 dys served on the 18 mos split sentence (including 8 dys JTC).

11-05-1991 Arrested as alleged probation violator.

11-15-1991 Probation revoked and sentenced to 23 to 69 months (10 dys

JTC).

The EFT of the 23 to 69 month probation revocation term, including the 10 days

JTC, is 08-04-1997. 440 days served on the split sentence added to the EFT of

the probation revocation term is 10-18-1998. The EFT of the 2 to 6 years

calculated from 11-15-1991 is 11-06-1997 (with adjustments for 8 days JTC). The

difference between 10-18-1998 and 11-07-1997 is 345 days which represents the

Example 4

d. A split sentence probation revocation term is entitled

to DCGCT or DCIGT if the original offense was committed

prior to June 22, 1994. The rate is based on the

length of the probation revocation term.

e. A probation revocation term may earn BOP extra good

time (EGT) (18 U.S.C. § 4162) for an offense committed

prior to June 22, 1994 and may earn DCEGT (§ 24-429)

for an offense committed on and after April 11, 1987.

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f. The revocation term is entitled to parole consideration

provided there is no statutory provision that requires

otherwise.

15.9 There is no statutory requirement for the court to attach

a period of probation to a sentence that has been imposed

with execution of a portion thereof suspended but there

appears to be no method of re-confining the prisoner to

serve the balance of the sentence unless probation was

imposed and subsequently revoked. As a result, whenever

ISM staff receive a J&C with a split sentence that

contains no period of probation to follow, contact the

clerk of court to confirm whether a period of probation

was to follow. It is necessary to resolve the question

at this time while the information is still current so as

to prevent future difficult record searches when a split

sentence probation violator is returned.

15.10 If the court imposes the original sentence, the split

sentence, or the probation revocation term in a manner

inconsistent with the instructions contained in this

chapter, contact the RISA for guidance.

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CHAPTER 16

16. MINIMUM TERMS (PAROLE ELIGIBILITY)

16.1 A minimum term is the term imposed by the court, or the

statutory amount of time required to be served for a

misdemeanor, that establishes the period of parole

ineligibility. A mandatory minimum term is a term under

which a court cannot set a period of parole ineligibility

any less than prescribed for the offense.

16.2 A minimum maximum term is a term under which the court

may not set a lesser maximum term. A parole eligibility

date is the date on which a prisoner becomes eligible for

parole after having served the required minimum term.

16.3 § 24-208(a), Prisoners who may be paroled. This section

authorizes the D.C. Board of Parole to parole all

prisoners who are eligible for parole and sets forth the

rule for non-felony offenses (misdemeanors).

Important Note: The power of the D.C. Board of Parole

for granting parole was transferred to the U.S. Parole

Commission on August 8, 1998 (§ 24-1231(a)(1).

16.4 § 24-208(a) states,

(a) The power of the Board of Parole shall extend

to all prisoners whose sentences exceed 180 days

regardless of the nature of the offense; provided,

that in the case of a prisoner convicted of an

offense other than a felony, including violations

of municipal regulations and ordinances and Acts

of Congress in the nature of municipal regulations

and ordinances, the prisoner may not be paroled

until he has served one-third of the sentence

imposed, and in the case of 2 or more sentences

for other than a felony, no parole may be granted

until after the prisoner has served one-third of

the aggregate sentence imposed.

16.5 The PE rule for a misdemeanor sentence, as established in

§ 24-208(a), is that a sentence of 180 days or less is

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not eligible for parole. A misdemeanor sentence of more

than 180 days, or an aggregate of misdemeanor sentences

totaling more than 180 days are eligible for parole after

serving one-third of the sentence.

16.6 The court does not impose a minimum term for a parolable

misdemeanor sentence as the statute, as discussed above,

sets parole eligibility at one-third of the sentence if

it, or an aggregate, exceeds 180 days.

16.7 Three consecutive 90 day misdemeanor sentences, for

example, would result in a total sentence of 270 days

with the PE date based on one-third (90 days).

16.8 A misdemeanor sentence of 90 days could not be aggregated

with a consecutive felony sentence of 30 to 90 days

because the total sentence does not exceed 180 days. The

90 day misdemeanor sentence would have to be served in

its entirety before commencement of the consecutive 30 to

90 day felony sentence.

16.9 It is unlikely that the BOP will receive many prisoners

with misdemeanor type sentences but the possibility does

exist, especially when a misdemeanor sentence is imposed

in connection with a felony sentence. In addition, as a

result of the OCJRAA of 1994, effective for offenses

committed on and after June 22, 1994, most misdemeanor

offenses were reduced to a maximum of 180 days. There

are at least six misdemeanor offenses that continue to

carry a maximum penalty of one year.

16.10 § 24-203, Indeterminate sentences; life sentences;

minimum sentences. §24-203(a) provides the general parole

term rules that the court must follow for imposing a

minimum term, which may not exceed one-third of the

maximum sentence, for a felony and which further states

that the minimum term set for a life sentence shall not

exceed fifteen years. The section also identifies those

offenses for which a mandatory minimum sentence must be

imposed. Minimum terms, including mandatory minimum

terms, receive jail time credit. There are other D.C.

Code offense sections that contain

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special mandatory minimum provisions and parole

eligibility information such as §§ 22-2404 and 2404.1. §

24-203 is set forth below:

(a) Except as provided in subsection (b) and

(c) of this section, in imposing sentence

on a person convicted in the District of

Columbia of a felony, the justice or judge

of the court imposing such sentence shall

sentence the person for a maximum period

not exceeding the maximum fixed by law,

and for a minimum period not exceeding

one-third of the maximum sentence imposed,

and any person so convicted and sentenced

may be released on parole as herein

provided at any time after having served

the minimum sentence. Where the maximum

sentence imposed is life imprisonment, a

minimum sentence shall be imposed which

shall not exceed 15 years imprisonment. .

.

16.11 It should be noted that for a felony the above subsection

requires the court to impose a maximum period not

exceeding the maximum fixed by law and a minimum term not

exceeding one-third of the maximum. Because of this

language, ISM staff will know that any sentence which

includes a minimum and a maximum term is for a felony

conviction. Sentences with no minimum term are for

misdemeanors.

16.12 A sentence of 3 years to 9 years is easily identified as

a sentence for a felony conviction. It is possible that

a sentence of 30 days to 90 days could be imposed for a

felony conviction in which case the prisoner would be

eligible for parole after service of 30 days. Regardless

of the time remaining to serve at the time the sentence

is calculated, the prisoner should be given an

opportunity to make application for parole.

16.13 The remainder of § 24-203 follows:

(b) The minimum sentence imposed under this

section on a person convicted of an assault,

with intent to commit rape in violation of §

22-501, or of armed robbery in violation of §

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22-3202 shall be not less than 2 years if the

violation occurs after the person has been

convicted in the District of Columbia or

elsewhere of a crime of violence as defined in

§ 22-3201, providing for the control of

dangerous weapons in the District of Columbia.

The minimum sentence imposed under this section

on a person convicted of rape in violation of §

22-2801, shall not be less than 7 years if the

violation occurs after the person has been

convicted in the District of Columbia or

elsewhere of a crime of violence, as so

defined. The maximum sentence in each case to

which this subsection applies shall not be less

than 3 times the minimum sentence imposed, and

shall not be more than the maximum fixed by

law.

(c) For a person convicted of: (1) a violation of

§ 22-505 (relating to assault with a dangerous

weapon on a police officer) occurring after the

person has been convicted of a violation of

that section or of a felony, either in the

District of Columbia or in another

jurisdiction; (2) a violation of § 22-3202,

providing for the control of Dangerous weapons

in the District (relating to illegal possession

of a pistol), occurring after the person has

been convicted of violating that section; or

(3) a violation of § 22-3601 (relating to

possession of implements of crime) occurring

after the person has been convicted in the

District of Columbia of a violation of that

section or of a felony, either in the District

of Columbia or in another jurisdiction, the

minimum sentence imposed under this section

shall not be less than 1 year, and the maximum

sentence shall not be less than 3 times the

minimum sentence imposed nor more than the

maximum fixed by law.

16.14 There are other offense sections within the D.C. Code

which specify mandatory minimums that are in addition to

those covered by the information contained in § 24-203.

It is necessary that ISM staff review each sentence

imposed to assure that the minimum and maximum terms are

within the statutory requirements for each offense. For

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sentences imposed on and after April 11, 1987, it is

especially important to know the length of any mandatory

minimum term that makes up all or some of the minimum

term imposed by the court since only the non-mandatory

minimum portion of the sentence may receive good time

credit deductions. This rule is based on DCDC’s practice

of not awarding good time credits to any mandatory

minimum sentence regardless of whether the offense is

covered in § 24-434 (see b. below).

16.15 An offense and sentence appendix is included in this

manual to assist ISM staff in their monitoring function.

16.16 Minimum terms imposed on and after April 11, 1987 up to

June 22, 1994 may receive DCIGT and DCEGT. For offenses

committed on and after June 22, 1994, minimum terms may

receive only DCEGT and DCMGT (there is no DCMGT since no

program is in place to award the credit). As a result,

the following rules will refer to “good time credits”

which means that staff must be aware that minimum terms

imposed for offenses committed on and after June 22, 1994

cannot receive DCIGT credits but only DCEGT and DCMGT

credits.

16.17 Following are the rules that apply for the awarding of

good time credits when a mandatory minimum term makes up

some or all of the minimum term.

a. A minimum term imposed that is equal to the mandatory

minimum term for that sentence will not receive good

time credits.

b. A minimum term that exceeds the mandatory minimum

portion, may receive good time credits for the

difference between the date the mandatory minimum term

expires and the date the total minimum term expires.

The final parole eligibility date may never be reduced

to a date that is earlier than the date that would be

established based only on the mandatory minimum term.

c. For DCIGT purposes (for offenses committed from April

11, 1987 to June 22, 1994), the rate will be determined

by the entire length of the minimum term imposed. For

example, a minimum term of 10 years with a mandatory

minimum of 5 years would receive the DCIGT rate of 10

days per month for a total of 600 days (5 years x 12

months = 60 months x 10 days per month = 600 days).

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After establishing the parole eligible date based on

the minimum term, deduct the 600 days DCIGT from that

date to establish a new date. This date is subject to

change since DCIGT credits may be forfeited and

restored.

d. DCEGT/DCMGT credits, as earned, will be deducted from

the DCIGT date, to establish an even earlier parole

eligibility date. This date is also subject to change

since DCEGT is applied as earned.

e. DCEGT/DCMGT credits (for offenses committed on and

after June 22, 1994), as earned, will be deducted from

the minimum term date to establish a parole eligibility

date. This date is also subject to change since DCEGT

is applied as earned.

16.18 Exceptions to the application of institutional and

educational good time credits to the minimum term under §

24-434. This applies to any offense committed on or

after April 11, 1987. Under the provisions of § 24-434,

Exceptions,

Institutional and educational good time credits

shall not be applied to the minimum terms of

persons sentenced under § 22-3202, § 33-501, §33-

541, § 22-2404(b), § 22-2903, or § 22-3204(b).

16.19 Title and section descriptions follow:

a. § 22-3202. Additional penalty for committing crime when

armed. See § 22-3201(f) and (g) for the definitions of

crime of violence and dangerous crime.

b. § 33-501. Definitions. Contains the definitions

relating to controlled substances.

c. § 33-541. Prohibited acts A; penalties. Contains the

prohibited acts and penalties relating to controlled

substances. Mandatory minimum sentences for this

section became a nullity as a result of D.C. Law 10-

258, District of Columbia Non-Violent Offenses

Mandatory-Minimum Sentences Amendment Act of 1994,

which became effective on May 25, 1995 for offenses

occurring on and after that date, i.e., there are no

mandatory minimum sentences for § 33-541 offenses on

and after May 25, 1995.

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d. § 22-2404. Penalty for murder in first and second

degrees. Subsection (b) pertains to first degree

murder.

e. § 22-2903. Carjacking.

f. § 22-3204. Carrying concealed weapons; possession of

weapons during commission of crime of violence;

penalty. Subsection (b) pertains to the penalty that

may be imposed for using weapons, or imitation weapons,

while committing a crime of violence or dangerous crime

as defined in § 22-3201(f)and (g).

16.20 The language of § 24-434 appears to apply to the entire

minimum term of all the sections mentioned without regard

to the mandatory minimum portion of the sentences. The

DCDC, however, has interpreted this section as applying

only to the mandatory-minimum portion of the minimum term

imposed. Under this section, D.C. IGT and D.C. EGT will

not be applied to the minimum term.

16.21 Prisoners who may be paroled under 24-208(b) and

limitations on the application of educational and

meritorious good time credits to minimum terms under §

24-429.2. §§ 24-208(b) and 24-429.2, under certain

circumstances, limit the amount of time that a minimum

term may be reduced by DCEGT and DCMGT credits. These

sections became effective on June 22, 1994 and apply to

any offense committed on and after that date.

16.22 Under the provisions of § 24-208(b), A person convicted

of a crime of violence as defined by § 22-3201, shall not

be paroled prior to serving 85% of the minimum sentence

imposed; provided, that any mandatory minimum sentence

shall be served in its entirety.

16.23 Under the provisions of § 24-429.2, Educational and

meritorious good time credits shall not reduce the

minimum sentence of any inmate convicted of a crime of

violence as defined by § 22-3201, by more than 15%.

16.24 A crime of violence under § 22-3201(f) states,

“Crime of violence,” as used in this chapter,

means any of the following crimes, or an attempt

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to commit any of the same, namely; murder,

manslaugh-ter, first degree sexual abuse, second

degree sexual abuse, or child sexual abuse,

mayhem, maliciously disfiguring another,

abduction, kidnaping, burglary, robbery,

housebreaking, any assault with intent to kill,

commit first degree sexual abuse, second degree

sexual abuse, or child sexual abuse, or robbery,

assault with a dangerous weapon, assault with

intent to commit any offense punishable by

imprisonment in the penitentiary, arson, or

extortion or blackmail accompanied by threats of

violence or aggravated assault.

16.25 To a certain extent, the sections are redundant (must

serve 85% as opposed to a reduction of not more than 15%)

except as they relate to a mandatory minimum term which,

under §24-208(b), may not be reduced by any form of good

time and which must be served in its entirety.

16.26 If the crime of violence, as defined by § 22-3201, has no

mandatory minimum term, then an 85/15% date must be

established to assure that good time credits do not

reduce the parole eligible date below the 85/15% date.

The 85/15% date will become the parole eligible date

should that occur.

16.27 If the minimum term imposed is equal to the mandatory

minimum which must be served for the offense, then no

good time may be awarded and there is no need to

establish an 85/15% date since the mandatory minimum date

would be the parole eligibility date.

16.28 If the minimum term includes a mandatory minimum portion,

calculate the 85/15% date on the basis of the entire

minimum term. In this situation three different results

may occur as follows.

16.29 If the 85/15% date is equal to or less than the

mandatory minimum date, the mandatory minimum date will

become the parole eligibility date.

16.30 If the 85/15% date is greater than the mandatory minimum

date, then good time credits will be deducted from the

minimum term date until reaching the 85/15% date in which

case the 85/15% date will become the parole eligibility

date.

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16.31 If the good time credits that are deducted from the

minimum term do not reduce the minimum term to the 85/15%

date, then that date will become the parole eligibility

date.

16.32 The formula for determining 85% of a minimum term is (do

not include jail time credit in this calculation): DCB +

minimum term = minimum term date (minus 1 day) - the date

prior to DCB = number of days in minimum term x .85 =

number of days equivalent to 85% (rounded up) + DCB

(minus 1 day) = 85%/15% date. Any jail time credit shall

be deducted from the just determined 85%/15% date to

establish a final 85%/15% date.

(5 year minimum term)

07-15-1994 DCB = 1994-07-15

5 yr min. term = + 5-00-00 yrs

Min. term date = 1999-07-14* = 22110

Date prior to DCB = 1994-07-14 = -20284

Dys in min. term = 1826 dys

Times 85% = x .85

Dys equal to 85% = (round up) 1552.1 = 1553

DCB = 1994-07-14* = 20284

Days equal to %85 = + 1553

85%/15% date = 1998-10-14 = 21837

Example 5

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CHAPTER 17

17. PAROLE “STREET TIME” CREDIT AND PAROLE

VIOLATOR TERMS

17.1 Parole street time credit. Parole, under § 24-431(a),

means time spent in the community (street time) after

parole or mandatory release from a D.C. Code sentence on

or after April 11, 1987, the effective date of the

section, and has the effect of requiring that such time

be applied against a subsequent parole revocation term. §

24-431(a) states in part,

17.2 Every person shall be given credit on the maximum and the

minimum term of imprisonment for time spent. . . on

parole as a result of the offense for which the sentence

was imposed. When entering the final order in any case,

the court shall provide that the person be given credit

for the time spent. . . on parole as a result of the

offense for which sentence was imposed.

17.3 The D.C. Code provision, § 24-206, in place prior to §

24-431, required that no street time be applied to a

parole revocation term. § 24-206 states in part,

. . . If the order of parole shall be revoked,

the prisoner, unless subsequently reparoled,

shall serve the remainder of the sentence

originally imposed less any commutation for

good conduct which may be earned by him after

his return to custody.

. . . The time a prisoner was on parole shall

not be taken into account to diminish the time

for which he was sentenced [emphasis added].

17.4 § 24-206 was not repealed on April 11, 1987 and remains

in effect. The D.C. Board of Parole implemented § 24-431

and applied street time credit to the parole revocation

term for offenses committed on and after April 11, 1987.

For D.C. Code offenders arrested as alleged parole

violators outside the District of Columbia, the U.S.

Parole Commission enforced the provisions of 24-206(a)

since it had not been repealed, i.e., the U.S. Parole

Commission would not award street time credit to the

parole revocation term.

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17.5 On April 23, 1998, the District of Columbia Court of

Appeals sitting en banc in United States Parole

Commission v. Noble, 711 A2d 85, upheld the United States

Parole Commission’s interpretation that § 24-206(a)

requires the forfeiture of street time credit upon

revocation of parole. This means that a D.C. Code parole

violator must serve the balance of the sentence,

remaining to be served at the time of release on parole,

upon revocation of parole. An incarcerated parole

violator may be reparoled at any time. The effect of

Noble on D.C. Code offenders sentenced on and after April

11, 1987 was:

a. Persons in the community who successfully completed

supervision prior to Noble have not had the supervision

period extended and are not subject to revocation.

b. Persons in the community undergoing supervision on and

after Noble have had the supervision period extended

through the EFT date as calculated at the time of

release on parole.

c. Persons in an absconding status from supervision, or

who are incarcerated on other non-federal or federal

charges with a warrant on file for alleged parole

violation, will be required to serve the balance of the

sentence as it existed at the time of release on

parole.

d. Prisoners who were incarcerated as parole violators on

and after Noble have had the EFT extended based on the

total amount of time that remained to be served through

the EFT at the time of release on parole and the

sentence has been recalculated.

e. Prisoners who were paroled, reincarcerated as parole

violators and reparoled prior to Noble, must have the

sentence recalculated from the beginning to withdraw

any street time credit that may have been awarded to

the revocation term.

f. Prisoners who were paroled, reincarcerated as parole

violators and reparoled, and then reincarcerated as a

reparole violator on or after Noble, must have the

sentence recalculated from the beginning to withdraw

any street time credit that may have been awarded to

any prior revocation term.

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17.6 Parole Violator Terms. As noted in paragraph a. above, a

parole violator must serve the balance of the sentence as

it existed at the time of release with no benefit for

street time. With one exception, a D.C. Code parole

violator term is calculated the same as an “Old Law” U.S.

Code parole violator term that has received no credit for

street time. The exception is that the conduct good time

(SGT, DCGCT or DCIGT) to be awarded is based on the

length of the PV term rather than on the length of the

sentence from which paroled (includes mandatory release)

as required by § 24-206, which states in part,

. . . For the purpose of computing

commutation for good conduct, the remainder

of the sentence originally imposed shall be

considered as a new sentence.

See the Sentence Computation

Manual, Old Law, for PV term

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CHAPTER 18

18. PAROLING AUTHORITY, REVOCATION AND SUPERVISION

18.1 On August 5, 1998, the paroling authority of the D.C.

Board of Parole was transferred to the U.S. Parole

Commission under the District of Columbia Revitalization

Act of 1997. The authority is contained in § 24-1231 and

states in part,

(a) Paroling jurisdiction.--

(1) Jurisdiction of Parole Commission to grant or

deny parole and to impose conditions.–- Not

later than one year after August 5, 1997, the

United States Parole Commission shall assume

the jurisdiction and authority of the Board of

Parole of the District of Columbia to grant and

deny parole, and to impose conditions upon an

order of parole, in the case of any imprisoned

felon who is eligible for parole or reparole

under the District of Columbia Code. . .

(2) Jurisdiction of Parole Commission to revoke

parole or modify conditions.-- On the date in

which the Court Services and Offender

Supervision Agency for the District of Columbia

is established under § 24-1233, the United

States Parole Commission shall assume any

remaining powers, duties, and jurisdiction of

the Board of Parole of the District of

Columbia, including jurisdiction to revoke

parole and to modify the conditions of parole,

with respect to felons.

18.2 The USPC has published rules in the Code of Federal

Regulations (CFR), Title 28, Sections 2.70 through 2.90,

to implement their statutory authority over D.C. Code

parole matters. ISM staff are encouraged to become

familiar with the full text of all CFR sections just

mentioned. Following are some excerpts of various

pertinent CFR sections that may affect, impact, or

pertain to, ISM operations.

18.3 28 CFR § 2.70 states in part,

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(a) The U.S. Parole Commission shall exercise

authority over District of Columbia Code

offenders pursuant to Section 11231 [§ 24-1231]

. . . and D.C. Code 24-209. The rules in this

subpart shall govern the operation of the U.S.

Parole Commission with respect to D.C. Code

offenders and are the pertinent parole rules of

the District of Columbia. . . pursuant to

Section 11231(a)(1) [§ 24-1231(a)(1)] of the

Act.

(b) The Commission shall have sole authority to

grant parole, to establish the conditions of

release, for all District of Columbia Code

prisoners who are serving sentences for felony

offenses, and who are not otherwise ineligible

for parole by statute, including offenders who

have been returned to prison upon the

revocation of parole or mandatory release,

wherever confined. (D.C. Code 24-804(a)).

(c) The Commission shall have authority to

recommend to the Superior Court of the District

of Columbia a reduction in the minimum sentence

of a District of Columbia Code prisoner, if the

Commission deems such recommendation to be

appropriate D.C. Code 24-201(c)).

(d) The Commission shall have authority to grant

parole to a prisoner who is found to be

geriatric, permanently incapacitated, or

terminally ill, notwithstanding the minimum

term imposed by the sentencing court (D.C. Code

24-263 through 267).

(e) The Board of Parole of the District of

Columbia will continue to have jurisdiction

over District of Columbia Code offenders who

have been released to parole or mandatory

release supervision, including the authority to

return such offenders to prison upon an order

of revocation. The jurisdiction and authority

of the Board over such offenders will be

transferred to the U.S. Parole Commission by

August 5, 2000, pursuant to Section 11231(a)(2)

[§ 24-1231(a)(2)] of the Act.

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(f) When the D.C. Board of Parole has issued a

warrant for a parolee who has been confined in

a federal prison to serve a new U.S. or D.C.

Code sentence, the U.S. Parole Commission shall

have jurisdiction to revoke parole and to

determine the disposition of such warrant.

(D.C. Code 24-209.)

18.4 ISM staff must be especially mindful that:

a. All D.C. Code sentence applications for parole or

reparole must be submitted to the USPC. It is the USPC

that makes all parole decisions.

b. Until August 5, 2000, the D.C. Board of Parole will

issue all warrants for alleged D.C. Code parole

violations and conduct all revocation hearings for

prisoners who are committed to DCDC facilities. (See §

28 CFR 2.70(e) above.)

18.5 For prisoners serving sentences in BOP facilities with a

D.C. Board of Parole warrant on file as a detainer, the

USPC will determine the disposition of the warrant the

same as if it was a USPC issued warrant.

18.6 For prisoners who are arrested outside of the District of

Columbia on the basis of a D.C. Board of Parole warrant

and who are placed in a BOP facility, ISM shall, within

three working days, notify the unit manager of the

prisoner’s commitment. (For ISM information, the unit

manager will contact the USPC for further directions and

a determination as to whether the arrestee is entitled to

a local revocation hearing and will consult with the D.C.

Board of Parole on the case. If the arrestee denies the

charged violations and has not been convicted of a new

crime while on parole, he will be returned to the

District of Columbia for a hearing by the D.C. Board of

Parole, unless he waives a local revocation hearing. If

the prisoner does not waive the local hearing, a local

institutional revocation hearing will be scheduled, after

designation to a BOP facility, and the hearing will be

conducted by the USPC.)

18.7 By August 5, 2000, all warrants will be issued by the

USPC. Revocation hearings will be conducted by the USPC.

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The hearings will be in locations determined by the USPC

based upon rules that will be published in 28 CFR Part

2.

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Not e: Any statement referring to more than one count in a

single J&C assumes that there was only one trial

CHAPTER 19

19. DISTRICT OF COLUMBIA §23-112,

CONSECUTIVE AND CONCURRENT SENTENCES

19.1 D.C. Code § 23-112 is the statutory provision that

governs whether sentences run consecutively or

concurrently and it states,

A sentence imposed on a person for conviction of an

offense shall, unless the court imposing such

sentence expressly provides otherwise, run

consecutively to any other sentence imposed on such

person for conviction of an offense, whether or not

the offense (1) arises out of another transaction,

or (2) arises out of the same transaction and

requires proof of a fact which the other does not.

19.2 Simply stated, this statute requires that a newly imposed

D.C. Code sentence will run consecutively to any existing

sentence, including another D.C. Code sentence, U.S. Code

sentence or non-federal sentence, if the court does not

order otherwise.

19.3 The consecutive rule also applies to multiple counts

within a single J&C. For example, if there are two or

more counts in a J&C and the court makes no mention as to

how the counts are to be served in relation to one

another, then the counts would be served consecutively in

the order in which they were imposed.

19.4 If there are a mixture of New Law or Old Law U.S. Code

and D.C. Code sentences imposed in a single J&C and the

court is silent as to how the counts run in relation to

one another, then the order in which they were imposed

will be controlling in accordance with the following

examples. (A reminder, if the court is silent, New Law

U.S. Code sentences imposed at the same time as other New

or Old Law sentences or D.C. Code sentences run

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concurrently with the other sentences. New Law U.S. Code

sentences imposed at different times run consecutively to

other sentences. (See 18 U.S.C. § 3584(a).) Old Law

sentences run concurrently with New or Old Law sentences

or with D.C. Code sentences regardless of when they were

imposed, provided the prisoner was in the custody of the

Attorney General for service of the sentences.) Some

examples of “silent” J&C’s follow:

Offenses committed prior to 04-11-1987 and are included in a

single J&C. PE for the 6 year U.S. Code sentences is 2

years.

06-15-1987 6 yr U.S. Code

6 yr U.S. Code

2 to 6 yr D.C. Code

2 to 6 yr D.C. Code

The two 6 year U.S. Code sentences are running

concurrently with a DCB of 06-15-1987 and total 6

years. The two D.C. Code sentences are running

consecutively to each other for a total of 4 to 12

Example 6

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Offenses committed prior to 04-11-1987 and are included in a

single J&C. PE for the 6 year U.S. Code sentences is 2

years.

06-15-1987 2 to 6 yr D.C. Code

2 to 6 yr D.C. Code

6 yr U.S. Code

6 yr U.S. Code

The two 2 to 6 year D.C. Code sentences are running

consecutively for a total of 4 to 12 years with a DCB

of 06-15-1987. The two U.S. Code sentences are running

concurrently with each other for a total of 6 years and

a DCB of 06-15-1987. The total sentence to be served

is 4 to 12 years.

Example 7

Offenses committed prior to 04-11-1987 and are included in a

single J&C. PE for the 6 year U.S. Code sentences is 2

years.

06-15-1987 2 to 6 yr D.C. Code

6 yr U.S. Code

2 to 6 yr D.C. Code

6 yr U.S. Code

Regardless of the order of the 6 year U.S. Code

sentences, they are concurrent with each other and have

a DCB of 06-15-87. The second 2 to 6 year D.C. Code

sentence is consecutive to the first 2 to 6 year D.C.

Code sentence and to the first 6 year U.S. Code

sentence for a total of 4 to 12 years. The last 2 year

U.S. Code sentence of 6 years has no bearing on the

Example 8

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Offenses committed after to 11-01-1987 but prior to 06-22-

1994 and are included in a single J&C. There is no PE for

the U.S. Code sentences.

06-15-1987 72 mo U.S. Code

72 mo U.S. Code

2 to 6 yr D.C. Code

2 to 6 yr D.C. Code

The sentences are all consecutive to each other with

the total U.S. Code sentences at 144 months to be

Example 9

There are countless combinations of sentences

that may be imposed and if ISM staff are

fully cognizant of all the aggregation/non-aggregation rules as well as the commencement of

sentence rules, then the manner in which the

sentences should be served may be competently

determined. If there is any doubt about the

manner in which sentences are to be enforced, ISM

IMPORTANT NOTE

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CHAPTER 20

20. AGGREGATION/NON-AGGREGATION OF SENTENCE

20.1 Chapter 2 of this manual provides the background for the

aggregation/non-aggregation of D.C. Code and U.S. Code

sentences. This chapter covers the statutory provisions

and rationale for the aggregation/non-aggregation of D.C.

Code sentences with each other as well as with U.S. Code

sentences. (See the Sentence Computation Manual (Old Law)

and the Sentence Computation Manual-CCCA for U.S. Code

aggregation/non-aggregation rules.)

a. U.S. Code aggregation statutory provisions. The

following statutory provisions form the basis on which

sentences are aggregated or not aggregated. See

Chapter 8 for the application of jail time credit in

aggregation/non-aggregation calculations. (See section

20.4 below for sentences that cannot be aggregated

because of the mathematical effect and other

exceptions.)

1) 18 U.S.C. § 4161. In effect for offenses committed

up to, but not including, November 1, 1987 when it

was repealed. In effect for D.C. Code offenders

committed to the D.C. Department of Corrections for

offenses committed up to, but not including, April

11, 1987.

(Note: The BOP continued to award § 4161 SGT to D.C. Code

offenders committed to the BOP up to August 17, 1991 when § 24-

428 was amended to apply to any D.C. Code offender regardless of

location and was retroactive, i.e., the SGT awarded from April

11, 1987 to August 17, 1991 became a nullity because of the

retroactivity of the amendment.)

2) § 4161 states in part,

When two or more consecutive sentences are to be served, the

aggregate of the several sentences shall be the basis upon

which the deduction shall be computed.

3) § 4161 refers only to aggregation of consecutive

sentences. The BOP interprets § 4161 to also apply

to concurrent sentences when the EFT of the

concurrent sentence extends beyond the EFT of the

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other sentence because that portion of the

concurrent sentence is consecutive.

4) § 4161 sentences can be aggregated with each other,

including § 4161 parole violator terms, and with

D.C. Code sentences with offenses committed prior to

April 11, 1987, as well as their parole violator

terms.

5) § 4161 sentences cannot be aggregated with D.C. code

sentences for offenses committed on and after April

11, 1987, non-federal sentences, one count 18 U.S.C.

§3651 split sentences, with Youth Corrections Act

sentences (18 .U.S.C. Chapter 402), with Narcotic

Addict Rehabilitation Act sentences (18 U.S.C.

Chapter 314), with juvenile sentences (18 U.S.C.

Chapter 403), with Youth Rehabilitation Amendment

Act sentences (24 D.C. Code Chapter 8) or with one

count D.C. Code § 16-710 split sentence.

b. D. C. Code aggregation statutory provisions (§ 24-405).

In effect for offenders committed to the D.C. Jail or

workhouse for offenses up to, but not including, April

11, 1987 when it was repealed. § 24-405 states in part,

When a prisoner has two or more sentences the aggregate of

his several sentences shall be the basis upon which his

deduction shall be estimated.

1) Even though the section does not mandate sentence

aggregation, it does contemplate aggregation since

the amount of the deduction must be based on an

aggregation. The section does not mention

consecutive or concurrent sentences, so the

presumption was that both types of sentences should

be aggregated.

2) § 24-405 sentences and their parole violator terms

can be aggregated with each other and with their

parole violator terms, including 18 U.S.C. § 4161

sentences and parole violator terms.

3) § 24-405 sentences cannot be aggregated with Omnibus

Criminal Justice Reform Amendment Act (OCJRAA) of

1994 sentences, with non-federal sentences, with one

count 18 U.S.C. § 3651 split sentences, with Youth

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Corrections Act sentences (18 U.S.C. Chapter 402),

with Narcotic Addict Rehabilitation Act sentences

(18 U.S.C. Chapter 314), with juvenile sentences (18

U.S.C. Chapter 403), with Youth Rehabilitation

Amendment Act sentences (24 D.C. Code Chapter 8) or

with one count D.C. Code § 16-710 split sentences.

4) § 24-428. In effect for offenses committed on and

after April 11, 1987 up to, but not including, June

22, 1994, when it was repealed. § 24-428 states in

part,

When two or more consecutive sentences are to be served, the

aggregate of the several sentences shall be the basis upon

which the good time credits shall be applied.

5) Chapter 20.1(b)(4) above requires that two or more

consecutive sentences be aggregated for the purpose

of determining the good time credits which shall

apply. § 24-428 is also interpreted as applying to

concurrent sentences when the EFT of the concurrent

sentence extends beyond the EFT of the other

sentence because that portion of the concurrent

sentence is consecutive.

6) § 24-428 sentences and their parole violator terms

can be aggregated with § 24-405 sentences and their

PV terms.

7) § 24-428 sentences cannot be aggregated with OCJRRA

sentences, one count D.C. Code § 16-710 split

sentences, Youth Rehabilitation Amendment Act

sentences, 18 U.S.C. §4161 sentences, non-federal

sentences, one count 18 U.S.C. §3651 split

sentences, Youth Corrections Act sentences (18

U.S.C. Chapter 402), Narcotic Addict Rehabilitation

Act sentences (18 U.S.C. Chapter 314), or juvenile

sentences (18 U.S.C. Chapter 403).

20.2 On June 22, 1994, the Omnibus Criminal Justice Reform

Amendment Act (OCJRAA) of 1994 repealed § 24-428. As a

result, for offenses committed on and after

June 22, 1994, D.C. Code sentences earn no good time

credits based on conduct, i.e., they earn no DCIGT or

SGT. OCJRAA sentences may, however earn DCEGT.

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20.3 The OCJRAA includes no provision that requires

aggregation of sentences, i.e., there is no statutory

authority to aggregate these sentences. Therefore,

multiple OCJRAA sentences cannot be aggregated, nor may

they be aggregated with any other type of sentence.

a. When multiple OCJRAA sentences are imposed, the final

computation data shall only record the final PE, EFT,

and MR dates as applicable. The Parole Commission

makes parole decisions based on guidelines taking into

consideration the totality of a prisoner’s criminal

conduct, and a single PE date is best for that purpose.

In addition, a single EFT date for multiple OCJRAA

sentences from which DCEGT credits may be deducted will

result in only one Mandatory Release Date (MRD) if the

prisoner is not earlier paroled.

b. This method of calculation provides case managers and

the prisoner with only one release date (either by

parole, MR or EFT) which is needed for realistic

program planning and release purposes. In these cases,

any grant of parole by the Parole Commission is

presumed to apply to all OCJRAA sentences imposed prior

to the parole date, unless otherwise specified by the

Parole Commission.

c. In the case of consecutive terms, the maximum term of

the consecutive sentence shall be added to the MRD or

FTD (whichever is less) of the former sentence or

sentences. This will produce the final FTD for the

official computation. If any further DCEGT is earned,

it will be applied to produce a final release date. If

any DCEGT is earned during the service of the last

term, the final release shall be MR with supervision

equal to the amount of DCEGT earned during that term

(unless released earlier via parole). If no DCEGT is

earned during the service of the last term, the final

release shall be via EFT (unless released earlier via

parole).

1) If the imposition date of the new consecutive

sentence is later than the PED of the former

computation (with all DCEGT, without jail credit),

the PED on the official computation shall be the PED

of the new sentence calculated independently

(without jail credit or DCEGT), establishing a final

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PED. This final PED shall then be adjusted for jail

credits and any further earnings of DCEGT.

2) If the imposition date of the new consecutive

sentence is earlier than the PED of the former

computation, the minimum term of the new sentence is

added to the PED on previous computation (with DCEGT

and without any jail credits), establishing a final

PED. This final PED shall then be adjusted for jail

credits and any further earnings of DCEGT.

d. In the case of concurrent terms, final dates are

determined by calculating each of the dates (PE, EFT,

MR) independently (without application of jail

credits), then using the later date (deducting the

total of all jail credits from that date) as the final

EFT on the official computation. Also, if the PED is

based on the first computation, all DCEGT will be

applied to the final PED. If the concurrent term forms

the basis for the PED, only DCEGT earned after the

imposition of the later term will be applied to the

final PED. Once the dates are established, all jail

credits will be applied.

e. Separate sentence computations must be established when

an OCJRAA sentence, and an OCJRAA §16-710 split

sentence or Youth Rehabilitation Amendment Act sentence

(24 D.C. Code Chapter 8) are imposed.

20.4 GTCA and D.C. Old Law sentences that cannot be aggregated

because of the mathematical effect and other exceptions.

a. For a concurrent sentence with an EFT that is equal to

or less and an SRD that is greater than the anchor

sentence prior to application of jail time credit, each

sentence shall stand alone and each sentence shall have

deducted only its jail time credit.

b. A one count misdemeanor sentence (§ 24-208(a)) of 180

days or less can be aggregated with a D.C. Code § 16-

710 split sentence since both are ineligible for parole

and there is no negative mathematical effect.

20.5 Calculation of minimum terms for parole eligibility

purposes (D.C. Old Law and GTCA Terms only). The

following rules have been established for calculating

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minimum terms for parole eligibility purposes for two

D.C. Code sentences or one D.C. Code sentence plus a D.C.

Code PV term.

Note: Parole eligible or parole eligibility will be expressed as PE in the rules. ISM staff must remember

that the initially calculated PE date is fluid, i.e., the PE date can frequently change as the result of DCIGT

forfeitures and restorations and as a result of DCEGT awards.

a. Consecutive sentences imposed on the same date and that

can be aggregated. Add the minimum terms together and

add that total to the DCB for an aggregated PE date.

Total all jail time credit and deduct from the

aggregated EFT and PE Dates.

b. Consecutive sentence imposed after the DCB of the first

sentence and that can be aggregated with the first

sentence. If the consecutive sentence was imposed

before the PE date (without consideration for jail time

credit) of the first sentence, add the minimum terms

together and add that total to the DCB. Total all jail

time credit and deduct from the aggregate EFT and PE

dates.

c. Consecutive sentence imposed after the DCB of the first

sentence and that can be aggregated with the anchor

sentence. If the consecutive sentence was imposed

after the PE date (without consideration for jail time

credit) of the first sentence, add the minimum term of

the consecutive sentence to its date of imposition to

establish a PE date for the aggregate. Total all jail

time credit and deduct from the aggregated EFT and PE

dates.

d. Consecutive D.C. Old Law and GTCA sentences imposed on

the same date and that cannot be aggregated. Calculate

each sentence as standing alone applying only the jail

time credit belonging to each.

e. Concurrent sentence with an EFT equal to or greater

than the EFT of the first sentence and that can be

aggregated. Regardless of when the concurrent sentence

was imposed, calculate the PE date for the concurrent

sentence from the date of imposition and compare it

with the PE date of the first sentence prior to the

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application of any jail time credit on either sentence.

If the PE date of the concurrent sentence is greater

than the PE date of the first sentence, the PE date of

the concurrent sentence will be the PE date for the

aggregate. If the PE date of the concurrent sentence

is less than the PE date of the first sentence, the PE

date of the first sentence will be the PE date for the

aggregate. Total all jail time credit and deduct from

the aggregate EFT and PE dates.

f. Concurrent D.C. Old Law or GTCA sentence with an EFT

equal to or greater than the EFT of the first sentence

and that cannot be aggregated. Calculate each sentence

as standing alone. Total all jail time credit and

deduct from each EFT and PE date.

g. Concurrent D.C. Old Law or GTCA sentence with an EFT

that is equal to or less and an SRD that is greater

than the first sentence prior to application of jail

time credit for either sentence. Each sentence shall

stand alone and each sentence shall have deducted only

its jail time credit.

h. Concurrent D.C. Old Law or GTCA sentence with an EFT, a

PE date and an SRD equal to or less than the first

sentence prior to the application of jail time credit

for either sentence. The concurrent sentence will be

considered absorbed in every respect. Total all jail

time credit and deduct from the PE and EFT of the first

sentence.

i. Consecutive sentence to a PV term that can be

aggregated. Since PE for the PV term is immediate,

calculate the PE date for the aggregate from the date

of the imposition of the consecutive sentence. (If

paroled from the PV term to the consecutive sentence,

calculate the same as in paragraph 20.7, j below.)

Total all jail time credit and deduct from the EFT and

PE dates.

j. Consecutive sentence that cannot be aggregated with a

PV term and that is on file as a detainer. Calculate

the consecutive sentence as commencing on the date of

release from the PV term. Calculate the PE date from

the DCB of the consecutive sentence. Deduct only the

jail time credit due the consecutive sentence from the

EFT and PE date of the consecutive sentence.

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k. PV warrant on file as a detainer against the first

sentence if executed on the release date of the first

sentence. Do not aggregate. Calculate the PV term

standing alone. Eligible for parole immediately. Jail

time credit from the first sentence shall not be

awarded again.

l. Concurrent sentence with an EFT equal to or greater

than the EFT of a PV term, prior to the application of

any jail time credit for either sentence, and that can

be aggregated. Regardless of when the concurrent

sentence was imposed, calculate the PE date for the

concurrent sentence from the date of imposition which

will be the PE date for the aggregate since the PV term

is eligible for parole immediately. Total all jail

time credit and deduct from the aggregate EFT and PE

dates.

m. Concurrent D.C. Old Law and GTCA sentence with an EFT

equal to or greater than the EFT of a PV term, prior to

the application of any jail time credit for either

sentence, and that cannot be aggregated. Calculate

each sentence as standing alone. Total all jail time

credit and deduct from each EFT and PE date.

n. Concurrent sentence with an EFT that is equal to or

less and an SRD that is greater than a PV term, prior

to the application of any jail time credit for either

sentence. Each sentence shall stand alone and each

sentence shall have deducted only its jail time credit.

o. Concurrent sentence with an EFT and an SRD equal to or

less than the PV term, prior to the application of any

jail time credit for either sentence. Total all jail

time credit and deduct from the PE of the concurrent

sentence and from the EFT of each sentence. Parole

from the PV term may be granted prior to the PE of the

concurrent sentence leaving only the concurrent

sentence remaining to be served. Parole may be granted

from both sentences after the PE of the concurrent

sentence is reached.

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CHAPTER 21

21. MEDICAL AND GERIATRIC PAROLE /REDUCTION OF SENTENCE

21.1 Medical and geriatric parole, §§ 24-261 through 24-267.

ISM staff are not involved in determinations about

medical and geriatric parole. ISM staff should, however,

be aware of those statutory and CFR provisions pertaining

to that type of parole release.

21.2 The statutory provisions are covered in the D.C. Code, §§

24-261 through 24-267, and the USPC has published

implementation rules in the CFR in §§ 2.77 and 2.78.

Case management and medical staff are primarily involved

in the preparation and submission of reports to the USPC

that will initiate the parole consideration.

21.3 ISM staff need to be aware that USPC Notices of Action,

and subsequent parole certificates, may be received

authorizing the parole release of certain D.C. Code

prisoners prior to reaching the minimum term (PE

eligibility).

21.4 ISM staff have the monitoring responsibility to assure

that a geriatric parolee was at least age 65 prior to

release (§ 24-265(a)). In addition, the following

statutory provision, § 24-267, Exceptions, should be

monitored to assure that an ineligible prisoner is not

considered for release. § 24-267 states,

a. Persons convicted of first degree murder or persons

sentenced for crimes committed when armed under § 22-

3202, or under 22-3204(b), and 22-2903, shall not be

eligible for geriatric or medical parole.

1) Medical and geriatric reduction of sentence, § 24-

268. On and after August 5, 2000, the Director of

the Bureau of Prisons may motion the court to reduce

a prisoner’s determinate sentence (not eligible for

parole) under the provisions of § 24-268 which

states,

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 Code committed on or

after August 5, 2000, and sentenced to a

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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:

i. 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

ii. 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.

2) 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.

21.5 ISM staff shall maintain a copy of the motion, or the

statement of the reasons why a motion will not be filed,

in the J&C file.

21.6 It is anticipated that a positive response to the BOP’s

motion for reduction will be in the form of a court order

that reduces the sentence to time served and will include

a period of supervised release to follow.

21.7 If no period of supervised release is on the order, then

it should be presumed that the period of supervised

release in the original J&C will carry over and ISM shall

contact the court to verify the court’s intent.

P5880.33

7/9/2010

Chapter 22, Page 3

CHAPTER 22