S. 1319 (Bible), a bill to authorize a work release program for persons sen- tenced by the courts of the District of Columbia; to define the powers Alexander, Harry, Esq., U.S. attorney's office. Burton, Joseph M. Jr., Clerk, District of Columbia court of general ses- sions. District of Columbia government: Kneipp, Robert F., Esq., Assistant Corporation Counsel. MATERIAL SUBMITTED FOR THE RECORD District of Columbia government, Hon. Walter N. Tobriner, President, Letter dated February 18, 1965, to the Speaker of the House.. Letter dated September 6, 1966, to Chairman Dowdy- U.S. Department of Labor, Hon. W. Willard Wirtz, Secretary, letter dated APPENDIX PRISONERS WORK RELEASE TUESDAY, AUGUST 16, 1966 HOUSE OF REPRESENTATIVES, COMMITTEE ON THE DISTRICT OF COLUMBIA, Washington, D.C. The Subcommittee met, pursuant to notice, at 10:15 a.m., in Room 1310, Longworth House Office Building, Hon. John Dowdy presiding. Present: Representatives Dowdy (presiding), Whitener, and Sisk. Also present: James T. Clark, Clerk; Hayden S. Garber, Counsel; Donald Tubridy, Minority Clerk; and Leonard O. Hilder, Investigator. Mr. DowDY. We have the hearing set this morning on the bill before the Senate, S. 1319, entitled, "An Act To Authorize a Work Release Program for Persons Sentenced by the Courts of the District of Columbia; to Define the Powers and Duties in Relation Thereto, and for Other Purposes." (S. 1319 and the Senate Committee Report thereon follow:) [S. 1319, 89th Cong., 1st sess.] AN ACT To authorize a work release program for persons sentenced by the courts of the District of Columbia; to define the powers and duties in relation thereto, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Work Release 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 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 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 subsequent thereto, the probation officers of the courts, the United States Attorney for the District of Columbia or the Corporation Counsel, as the case may be, or the Director, Department of Corrections of the District of Columbia, may recommend to, or the person sentenced may petition, the sentencing court that such person be granted the privilege of a work release. On motion of such person, the court may, in its discretion, allow any such petition which has been denied to be reinstituted. No person shall be granted work release privileges without his consent, nor shall any prisoner be given work release privileges except by order of the sentencing court. SEC. 4. The sentencing court shall provide in its original order of 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, p form 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 authorized 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 pro gram. Subject to the terms and conditions prescribed in the order of the se tencing court, the Commissioners are authorized to prepare an individual pat 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 the wors release privilege of a prisoner for not to exceed five successive days for any breach of discipline or infraction of institution regulations. The court may revoke the work release privilege at any time, either upon its own motion or upon retoumendation of the Director, Department of Corrections. (b) Any prisoner who willfully fails to return at the time and to the place of confinement designated in his work release plan shall be fined not more than $3 or imprisoned not more than ninety days, or both, such sentence of imprisonment to run consecutively with the remainder of previously imposed sentences. A prosecutions for violation of this subsection shall be in the District of Columbi Court of General Sessions upon information filed by the Corporation Counsel of the District of Columbia or any of his assistants. SEC. 7. The Commissioners are authorized to include in individual work release plans provisions for the collection of the wages, salary, earnings, and other income of each gainfully employed prisoner when paid, or require that the same be surrendered when received, less payroll deductions required or authorized by law, and to deposit the amount so received in a trust fund account in the Treasury of the United States. Such wages, salary, or earnings in the hands of either the employer or the Commissioners during such prisoner's terms shall not be subjec to garnishment or attachment. The Commissioners are further authorized in individual work release plans to provide for disbursements for any or all of the following purposes: (a) necessary travel expenses to and from work or other business and incidental expenses of the prisoner; (b) support of the prisoner's dependents, if any; (c) support of minor children pursuant to court order; (d) payment of court fines or forfeitures; or (e) 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 there be after payments therefrom for the foregoing purposes, shall be paid to the prisoner upon the completion of the period during which he is subject to confinement. SEC. 8. Payments for support pursuant to section 7 of this Act shall be made through the clerks of the respective courts. In cases where there is no outstanding court order of support or judgment against the prisoner, the Director, Department of Public Welfare, or his designated agent, shall, after investigation, report to the Commissioners the amounts deemed necessary for support of the prisoner's dependents. SEC. 9. The Attorney General of the United States may, in order to carry out the purposes of this Act, designate the Commissioners as his authorized repre sentative to perform the functions vested in him by section 11 of the Act entitled "An Act to establish a Board of Indeterminate Sentence and Parole for the Dis trict of Columbia and to determine its functions, and for other purposes", approved July 15, 1932, as amended (D.C. Code, 1961 edition, sec. 24-425). SEC. 10. (a) Section 102 of the Manpower Development and Training Act of 1962 (76 Stat. 23), as amended, is amended by adding after paragraph (4) thereof the following new paragraph: "(4A) establish a program of factual studies and promote, encourage, or directly engage in programs of information concerning the employment problems of workers participating in employment under the provisions of the District of Columbia Work Release Act; develop solutions to such problems, and publish findings pertaining thereto;" SEC. 11. (a) As used in this Act the term "Commissioners" means the Board of Commissioners of the District of Columbia or its designated agents. (b) Nothing in this Act shall be construed so as to affect the authority vested in the Commissioners by Reorganization Plan Numbered 5 of 1952 (66 Stat. 824). The performance of any function vested by this Act in the Commissioners or in any office or agency under the jurisdiction and control of said Commissioners may be performed by the Commissioners or may be delegated by said Commissioners in accordance with section 3 of such plan. |