during the time necessary to proceed to his place of employment or other authe ized places, perform specified activities and return to a place of confinement desig nated by the Director, Department of Corrections. A prisoner at the time of imposition of sentence or subsequently, may origins: a work release privilege for himself by submitting a request to the sentenc court. Also, the probation officers of the court, and the Department of Corres tions for the District, at the imposition of sentence or subsequently, may rece mend to the sentencing court that the prisoner be granted work release privilege. No prisoner shall be granted work release privileges except by order of the cour Other pertinent section of the bill are summarized in the explanation of amer ments made to the bill, and in the Section-by-Section Analysis. AMENDMENTS TO THE BILL The amendments to Section 3 of the bill limit the privilege of recommending which may be made on behalf of a prisoner for the release privilege, to the probation officers of the court or the Director, D.C. Department of Corrections. You Committee deleted the United States Attorney and the Corporation Couns as ones who might so recommend, since both are prosecuting officers. Your Committee believes, as representatives of the Department of Justice and of the Corporation Counsel's office agreed at the public hearing on the bill, that the authority for making such recommendations should more properly be lodged only in parole and correctional officers. Your Committee in Section 7 restored provisions which the Commissioners in their original recommendations to the House had included, namely, authorizing the Commissioners to make deductions from the earnings of gainfully employed prisoners to cover the cost of their room and board. Your Committee's amend ment authorizes for this purpose "the payment of an amount not to exceed the lesser of 20 per centum of the prisoner's earnings, or $4 per day". This is in line with the provisions of the Federal Rehabilitation Act, referred to above. Your Committee believes, as the House Committee on the Judiciary stated in reporting said Act (H. Rept. 694, 89th Cong.), that it will be salutary for prisoners enjoying work release to contribute, to a reasonable degree, for their board and upkeep. Your Committee deleted Section 10 of the Senate-passed bill, which would provide for the utilization of the resources of the Manpower Development and Training Office of the Department of Labor in the District of Columbia work release program. The Secretary of Labor would be directed to establish a program of factual studies and to promote, encourage, or directly engage in, programs of information relating to the employment problems of workers participating in the Work Release Act. The Secretary would be further directed to develop solu tions to such problems and publish findings pertaining thereto. This Section was not a part of the bill as originally recommended by the Commissioners, and the Secretary of Labor, who favors the objectives of the proposal, advised your Committee that if this legislation is enacted, his Depart ment would be glad to cooperate with the administrators of the Work Release Program in establishing a program of studies contemplated by the Senate provision. However, he indicated that the Department already has ample power to do this under the Manpower and Training Act and therefor concluded that this section is neither necessary nor desirable. Accordingly, your Committee, as stated, deleted same from the bill. The letter of the Secretary of Labor is as follows: U.S. DEPARTMENT OF LABOR, Hon. JOHN L. MCMILLAN, DEAR MR. CHAIRMAN: We wish to take this opportunity to comment on in S. 1319 would authorize the courts of the District of Columbia to release selected minor offenders from prison confinement at specified times to engage gainful employment. This proposal reflects an enlightened approach to penal problems. Proper implementation of the legislation could serve to maintain family ties, reduce the number of relief applicants and contribute to the rehabilitation of the prisoner himself. Section 10 of the bill as passed by the Senate amends section 102 of the Manpower Development and Training Act by requiring that the Secretary of Labor establish a program of studies regarding employment problems of workers employed pursuant to the District of Columbia Work Release Act. We favor the objective of the proposed amendment. If a work release program for persons sentenced by the courts of the District of Columbia is established, we would be glad to cooperate with the administrators of such program in establishing ka program of studies such as the amendment would call for. However, we have ample authority to do so under the Manpower Development and Training Act. At present studies such as section 10 proposes which concern, among other things, increasing the employability of the disadvantaged, are being conducted pursuant to the Department of Labor's authority under the Act. The Manpower Administration is supporting an MDTA research project to test the results of a special training program for young offenders at Riker's Island in New York City. It is also supporting two experimental training programs for youthful inmates at Draper Correctional Center in Alabama and at the Lorton Youth Center in Virginia. Also, in cooperation with the Federal Bureau of Prisons, the Manpower Administration has sought to integrate the training activity of the Prison Bureau with the Joint Apprenticeship Committee. In addition, technical assistance has been supplied to individual persons around the country. More importantly, we believe a specific requirement such as that of section 10 could start a trend toward fragmentizing the broad manpower research program authorized under section 102 of the MDTA. To specify in the Act numerous detailed and specific research items could seriously restrict us in designating the best manpower research programs within the funds provided. We therefore believe that section 10 is neither necessary nor desirable. The Bureau of the Budget advises that there is no objection to the submission of this report from the standpoint of the Administration's program. Sincerely, W. WILLARD WIRTZ, Your Committee added a new section (Section 11) to prohibit a prisoner who participates in the work release program from receiving any unemployment compensation with respect to any employment under such program during the time he was a prisoner. Your Committee also added another amendment (Section 12) which relieves the District of Columbia from liability for actions of prisoners in the course of their employment under the work release program, or while going to and from such employment, except when they are employed and paid by the District for work for the District. SCOPE AND COST OF THE PROGRAM To date, according to the testimony of the D.C. Department of Corrections, 55 prisoners have participated in the Work release program under the Federal Rehabilitation Act. Of these 55, 24 have been released into the community. Currently, also according to testimony before your Committee, there are approximately 3200 District of Columbia inmates in the various penal institutions, namely, 1250 at the Reformatory at Lorton, 750 at the D.Ĉ. Jail, 300 at the Youth Center, 100 at Women's Reformatory, and 800 at the D.C. Workhouse. Only the latter 800 would be eligible to participate in the work release program provided in the bill. However, it is further estimated that only approximately 100 to 200 would be interested or able to participate in such a program. This would involve additional cost to the District of Columbia of between $35,000 and $40,000 per annum, because of additional employees required in the Department of Corrections and the District of Columbia Court of General Sessions, depending upon the scope of the program and if it develops to embrace this many prisoners. It should be pointed out, of course, that this cost, in part, will be offset by permitting the District of Columbia to recover out of the inmates' earnings, the payment of court imposed fines and forfeitures. PUBLIC HEARING Subcommittee No. 4 of your Committee held a full hearing on this proposed legislation on August 16, 1966. Representations in support thereof were presented on behalf of the Commissioners of the District of Columbia, the United States Attorney's Office for the District of Columbia, the D.C. Department of Corre tions, and the District of Columbia Court of General Sessions. No opposition to the general proposals was expressed from any source. SECTION-BY-SECTION ANALYSIS Section 1 of the bill contains the short title: "To authorize a work release program for persons sentenced by the courts of the District of Columbia; ta define the powers and duties in relation thereto, and for other purposes." Section 2 authorizes the establishment in the District of Columbia of a work release program under which persons convicted of misdemeanors or other mine offenses and sentenced to terms of one year or less, or imprisoned for non-payment of a fine or for contempt of court, committed to jail after revocation of probation by the Juvenile Court for failure to make support payments pursuant to title 16 section 2350, D.C. Code (relating to children born out of wedlock), may, in the discretion of the judge of the sentencing court, be granted a work release. The privilege of work release is made available to an eligible offender for the purposes of working at his employment, seeking employment, or whenever there exists such special circumstances as in the opinion of the court merit granting such a privilege. Section 3 permits an offender to request the court for the privilege of a work release. This section also authorizes the probation officers of the courts, and the Director, Department of Corrections, to recommend to the court, either at the time of imposition of sentence, or at any time thereafter, that such person be granted a work release. This section further provides that no person shall be granted work release privileges except by order of the sentencing court. Section 4 provides that the sentencing court shall, in the original order of commitment or any modification thereof, set forth the terms and conditions under which offenders may be granted work release privileges. Section 5 authorizes the Commissioners of the District of Columbia to promul gate rules and regulations for the operation of the work release program and. subject to the overall terms and conditions prescribed in the order of the court, are futher authorized to prepare individual plans to meet the specific needs of each prisoner granted a work release. Section 6(a) provides for the temporary suspension of the work release privilege of a prisoner by the Director, Department of Corrections, for breach of discipline or infraction of institution regulations, and for revocation of the privilege by the sentencing court. Subsection (b) provides a penalty of not more than $300 or imprisonment for not more than ninety days, or both such fine and imprisonment, to be imposed against any prisoner who wilfully fails to return at the time and to the place of confinement designated in his work release plan. Section 7 authorizes the Commissioners to collect and receive the wages and earnings of each gainfully employed prisoner, to deposit such sums to a trust fund account in the Treasury of the United States, and to disburse the same for the following specified purposes: (a) the payment of an amount not to exceed the lesser of 20 percentum of the prisoner's earnings, or $4 per day, as the cost of his room and board; (b) necessary travel expenses to and from work or other businees and incidental expenses of the prisoner; (c) support of the prisoner's dependents, if any; (d) support of minor children pursuant to court order; (e) payment of court fines or forfeitures; or (f) payment, either in full or ratably, of the prisoner's debts which have been acknowledged by him in writing or have been reduced to judgment. The balance of such earnings, if any, shall be paid to the prisoner upon the completion of the period during which he is subject to confinement. Such earnings shall not be subject to garnishment or attachment. Section 8 specifies the procedures to be followed in making payments toward the support of a prisoner's dependents, if any. Section 9 of the bill, therefore, authorizes the Attorney General of the United States to designate the Commissioners as his agent with respect to prisoners participating in the work release plan so as to provide a greater degree of flexibility in the choice of a suitable penal or correctional institution. Under existing law, all persons convicted of and sentenced for a crime in the District of Columbia are committed to the custody of the Attorney General who designates the place of confinement and has broad transfer powers over such prisoners both within and without the District. Section 10 coordinates the Act with Reorganization Plan No. 5 of 1952. Section 11 specifically prohibits a prisoner who participates in the work release program from entitlement to receive unemployment compensation with respect to employment during the time he was a prisoner. Section 12 relieves the District of Columbia from liability for acts of prisoners in the course of their employment under the work release program, or while going to and from such employment, except when they are employed and paid by the Ds District for work for the District. Section 13 makes the Act effective on the first day of the first month which tel follows its approval by at least ninety days. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED In compliance with clause 3 of Rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, S. 1319, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman): SECTION 9 OF THE DISTRICT OF COLUMBIA UNEMPLOYMENT COMPENSATION ACT (D.C. Code, Sec. 46-309) ELIGIBILITY FOR BENEFITS SEC. 9. An unemployed individual shall be eligible to receive benefits with respect to any week only if it has been found by the Board (a) that he has made a claim for benefits with respect to such week in accordance with such regulations as the Board may prescribe; (b) that he has during his base period been paid wages for employment by employers equal to not less than the amount appearing in column "C" of the table in section 7(b), on the line on which column "B" his weekly benefit amount appears; (c) that he is physically able to work; (d) that he is available for work and has registered and inquired for work at the employment office designated by the Board, with such frequency and in such manner as the Board may by regulation prescribe: Provided, That failure to comply with this condition may be excused by the Board upon a showing of good cause for such failure; and the Board may by regulation waive or alter the requirements of this subsection as to such types of cases or situations with respect to which it finds that compliance with such requirements would be oppressive or would be inconsistent with the purposes of this Act; (e) that he has been unemployed for a waiting period of one week. No week shall be counted as a week of unemployment for the purposes of this subsection(1) unless it occurs within the benefit year which includes the week with respect to which he claims payment of benefits; (2) if benefits have been paid with respect thereto; and (3) unless the individual was eligible for benefits with respect thereto as provided in sections 9 and 10 of this Act, except for the requirements of this subsection and of subsection (f) of section 10[-]; (f) that he is not a prisoner in a District of Columbia correctional or penal institution who was employed in the free community under authority of the District of Columbia Work Release Act, or that he has not made a claim for benefits with respect to a week during which he was a prisoner in a District of Columbia correctional or penal insti tution. Public Law 89-803 89th Congress, S. 1319 November 10. 1966 An Act To authorize a work release program for persons sentenced by the courts of the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may D.C. Work Rebe cited as the "District of Columbia Work Release Act". lease Act, SEC. 2. There is hereby authorized to be established in the District of Columbia a work release program under which any person who is (1) convicted of a misdemeanor or of violating a municipal regulation or an Act of Congress in the nature of a municipal regulation, and is sentenced to serve in a penal institution a term of one year or less, (2) imprisoned for nonpayment of a fine, or for contempt of court, or (3) committed to jail after revocation of probation pursuant to section 16-2350, District of Columbia Code, may, whenever the judge of the 77 Stat. 593. sentencing court is satisfied that the ends of justice and the best interests of society as well as of such person would be subserved thereby, be granted the privilege of a work release for the purpose of working at his employment or seeking employment. Such a work release privilege may also be granted, in the discretion of the sentencing court, whenever there exist such special circumstances as merit the granting of the privilege. As used in this Act, the word "sentence" and its "Sentence." derivatives shall be construed to include sentencing, imprisonment, and commitment as referred to in this section. SEC. 3. At the time of imposition of sentence, or at any time sub- Granting of sequent thereto, the probation officers of the courts or the Director, work release Department of Corrections of the District of Columbia, may recom- privilege. mend to, or the person sentenced may request, the sentencing court that such person be granted the privilege of a work release. No person shall be given work release privileges except by order of the sentencing court. SEC. 4. The sentencing court shall provide in its original order of Terms. commitment or in a modification thereof the terms and conditions under which a person granted work release privileges may be released from actual custody during the time necessary to proceed to his place of employment or other authorized places, perform specified activities, and return to a place of confinement designated by the Director, Department of Corrections. SEC. 5. The Commissioners of the District of Columbia are author- Regulations. ized to promulgate from time to time such rules and regulations as they deem necessary for the administration by the Department of Corrections of the work release program. Subject to the terms and conditions prescribed in the order of the sentencing court, the Commissioners are authorized to prepare an individual plan to meet the specific needs of each prisoner granted the privilege of a work release. SEC. 6. (a) The Director, Department of Corrections, may suspend Temporary sus the work release privilege of a prisoner for not to exceed five successive pension or redays for any breach of discipline or infraction of institution regula- vocation. tions. The court may revoke the work release privilege at any time, 80 STAT. 1519 either upon its own motion or upon recommendation of the Director, 80 STAT. 1520 Department of Corrections. (b) Any prisoner who willfully fails to return at the time and to the Penalty. place of confinement designated in his work release plan shall be fined not more than $300 or imprisoned not more than ninety days, or both, such sentence of imprisonment to run consecutively with the remainder of previously imposed sentences. All prosecutions for violation of |