Back to legisation introduced in Council period 16

Enhanced Crime Prevention and Abatement Amendment Act of 2006
Bills No. 16-877, 16-878

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Letter from Mayor to Council Chairman	Sense of the Council Emergency Declaration
Emergency Declaration Resolution	Emergency Act
Temporary Act	Permanent Act

ANTHONY A. WILLIAMS
MAYOR

July 17, 2006

The Honorable Linda W. Cropp
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504 Washington, DC 20004

Dear Chairman Cropp:

I ask for your leadership in convening a special session of the Council to consider and approve legislation that will assist in addressing a recent surge in crime in the District. As you know, serious crime in the District has plummeted 40 percent since 1997, and the crime rate in the District was lower in 2005 than at any time since the late 1960s, when the national FBI reporting system was last revised. We have accomplished this tremendous progress through our joint efforts, the leadership of Chief of Police Charles Ramsey, and the hard work and vigilance of our police officers across all of our neighborhoods. This continued improvement makes it essential that we act now to prevent any reversal or interruption of our long-term trend in reducing crime.

On July 11, 2006, Chief Ramsey declared a crime emergency in immediate response to a sharp increase in criminal activity, which has included 15 homicides since July 1st, an 11 percent increase in robberies, an 11 percent rise in assaults with a deadly weapon, and a 10 percent increase in burglaries over the past 30 days. Over the past six months, we have also seen a 14 percent increase in the number of juveniles arrested, an 82 percent increase in juveniles arrested for robbery, and a 27 percent increase in juveniles arrested for weapons charges. The crime emergency declaration now frees the Metropolitan Police Department to deploy police officers more flexibly and quickly to areas of high-crime and in ways that increase police visibility across the city. I fully support the Chief's decision and the actions he is taking to reduce violent criminal activity this summer. In addition to enhancing deployment, we will continue to focus on and accelerate other relevant initiatives, such as our youth development strategy, 40 Days of Increase the Peace, additional field access to criminal justice system information, and intensive outreach to community and business groups.

MPD, however, cannot do this job alone. Last Friday, we convened city and federal agencies to discuss increased support and coordination, including enhanced FBI and ATF investigation assistance, better coordination with federal law enforcement agencies, and an augmented focus on repairing streetlights, addressing blighted properties, and removing abandoned vehicles in targeted areas. Final details need to be worked out, but I am confident that we are ready to push ahead in a comprehensive way to address the surge in crime that we are determined to head off immediately. Our immediate goal is to reduce violent crime by 50 percent over the next 30 days, and coordination of efforts will be critical to achieving this goal.

It is with this sense of cooperation and partnership that I ask you and the rest of the Council to demonstrate a united front by convening a special session to pass critical emergency legislation to support our efforts. While I understand that the Council officially began its recess this week, I know you share my sense of urgency in preventing the recent spike in crime from affecting our progress in reducing crime over the past decade. I look forward to your quick decision.

Specifically, I am seeking Council approval of emergency legislation that does the following:

1) Authorize the Mayor to modify established curfew hours. As you know, the Juvenile Curfew Act of 1995 prohibits minors from remaining in any public place or on the premises of any establishment during curfew hours. For July and August, the curfew statute defines curfew hours to be between 12:01 am and 6:00 am. This rigid definition fails to take into account circumstances, such as those that currently exist, where an earlier beginning to the curfew is necessary for public safety purposes. My legislative proposal will vest in the Mayor the authority to establish alternative curfew hours following a public safety necessity determination and appropriate public notification.

2) Allow MPD to gain access to critical information regarding released juvenile offenders. As you know, Councilmember Mendelson held a hearing on June 12 regarding my legislative proposal to mandate the disclosure of information on juvenile arrestees to the MPD. I am submitting, for emergency consideration, a revised proposal that takes into account some of the concerns raised at the hearing as well as commentary submitted for the record, including the written comments submitted by Chief Judge Rufus G. King III. However, the fundamental nature of the legislation remains unchanged; when juveniles arrested for unauthorized use of a vehicle, a crime of violence, a weapons offense, or arrested three or more times are placed in the community or released outright, the police must be informed, especially when such juveniles receive conditional or probationary releases. I want to note that this version adds weapons offenses to the list of crimes, and this was not in the originally introduced bill.

The current statutory scheme prohibits police from obtaining from the Department of Youth Rehabilitation Services information regarding juvenile placement, release, and probation in all cases, regardless of whether the juvenile was arrested for shoplifting or armed robbery. My proposal will change this, giving the police access to information for the most egregious offenders and recognizing the legitimate public safety needs of the community.

3) Authorize the expanded use of closed circuit television ("CCTV") cameras in neighborhoods to capture and prevent criminal activity. In April of this year, I submitted to the Council proposed amendments to the existing CCTV regulations that would have authorized MPD to initiate a pilot project for the purpose of using the CCTV system to combat crime. Since the Council did not affirmatively approve the amendments within the 45-day period of review, by operation of statute, the amendments were deemed disapproved. Given the declared crime emergency, it is imperative that we provide the Metropolitan Police Department with as many tools as possible to combat crime. I am convinced that CCTV can be utilized to effectively combat crime without infringing on citizens' privacy rights. Accordingly, I will revise the amendments to provide the Metropolitan Police Department broader authority to use the CCTV system to combat crime, and I will resubmit the amendments to the Council with a request that they be approved on an emergency basis. Consistent with this proposal, I will evaluate the feasibility and utility of supporting private entities and associations that seek to take advantage of CCTV technology and share recordings with the police as appropriate.

4) Creating a rebuttable presumption to detain certain adults or juveniles charged with robbery pending a trial or disposition hearing. This presumption shall apply only to adults and juveniles charged with robbery who are armed with any deadly or dangerous weapon (and not just firearms or imitation firearms), or not armed at all but injure the victim during the course of a robbery, or are charged in a single case with two or more robberies arising out of separate incidents.

5) Allocate funding for police overtime and overtime costs at other critical government agencies. I will be requesting that the Chief Financial Officer ("CFO") authorize the availability of $9 million from the contingency reserve fund to support the following:

$8 million to cover overtime costs for the Metropolitan Police Department in order to immediately put 300 additional officers on the streets for the next six weeks.
$1 million for overtime costs in other agencies to more quickly address issues (graffiti, abandoned vehicles, streetlights, blighted buildings, et cetera) that make areas conducive to crime.

6) Allocate funding for components of our youth development strategy. It is important that, as we look to increased protections for residents, we also provide strategies and opportunities for rehabilitation for offenders, particularly our youth. To support our ongoing youth anti-violence strategy, I will also be requesting that the CFO authorize sufficient funding from the contingency reserve fund to support the following:

$380,000 (annual: $1.62 million) to expand the Partnership for Success to serve 100 additional youth. The Partnership involves intensive monitoring, casework and other interventions with juvenile offenders, including repeat arrestees. It also provides stronger incentives for youth who have demonstrated a commitment to turning their lives around.
$75,000 (annual: $300,000) to continue girl gang/crew mediation and peacebuilding initiative in Wards 5, 6, 7 and 8. This initiative involves peer mediation activities, summer employment opportunities, leadership development, and a retreat for gang/crew members.
$70,000 (annual: $300,000) to expand recreation and street outreach in Police Service Area ("PSA") 104 in Ward 6. This initiative involves night outreach, gang/crew mediation for males, sustaining the truce between girl crews, tougher curfew enforcement, and a late-night basketball league for teens in the 15 to 18 year-old age range.
$50,000 (annual: $450,000) to support the Gang Intervention Partnership ("GIP") in PSA 302 in Ward 1. The GIP is aimed at addressing the activity of gangs and crews in this part of the city through interagency strategy meetings, conflict mapping, critical incident response, street outreach, and youth and family case management.

Of the emergency funds requested, I want to highlight the support needed for the Partnership for Success. The Partnership has created a Rewards Store, which is an initiative focused on court-involved youth at highest risk of being victims or perpetrators of violence or crime. Though we currently rely on juvenile justice system sanctions to further discipline youth, we have developed the Rewards Store to reflect youth development best practice and the importance of strength-based interventions.

In addition, while I understand Council approval is not required to access these funds, I am requesting an affirmation of Council's support through a Sense of the Council resolution to allocate this funding as proposed.

Let me close by acknowledging that this request by the Executive for an additional Council meeting is not routine, but I hope it is clear that the circumstances of recent weeks warrant immediate, decisive, and proactive steps. It is important that this legislative meeting focus on the public safety needs and priorities of our residents.

Sincerely,
Anthony A. Williams

Sense of the Council Emergency Declaration

Chairman Linda W. Cropp, at the request of the Mayor

A PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To declare the existence of an emergency with respect to the need to state the sense of the Council approving the allocation and expenditure of not more than $9,575,000 of funds to cover overtime costs for the Metropolitan Police Department and other agencies and to accelerate the Youth Development Strategy in order to address the recent increase in crime in the District.

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Sense of the Council in Support of the Mayor’s Emergency Funding of Crime Prevention and Abatement Efforts Emergency Declaration Resolution of 2006”.

Sec. 2. The Council finds that:

(a) As a result of the recent and sudden increase in crime in the District, there is an immediate need to take several proactive steps to ensure that such an increase does not threaten the long-term progress that the District has made in reducing crime to an historic low in 2005. The District is committed to reducing the number of violent crime incidents by half over the next thirty (30) days.

(b) The strategy to address this recent increase begins with the need to increase the number of police officers on the street in order to raise police visibility in the neighborhoods and target areas of high-crime. While Chief Charles Ramsey has gained the flexibility to more effectively deploy police officers through a declared crime emergency, this deployment will entail an additional $8 million in overtime costs for the Metropolitan Police Department.

(c) In addition to the Metropolitan Police Department’s efforts, other government agencies have been called upon to increase capacity to more quickly tow abandoned vehicles, abate nuisance properties, and repair streetlights. The cost of this effort is estimated to be up to $1 million.

(d) Finally, there is a need to accelerate implementation of the youth development strategy with up to $575,000 in funding, of which $380,000 will go to expand the Partnership for Success to serve 100 additional youth and provide incentives for youth to stay out of trouble and achieve positive goals; $75,000 will go toward gang/crew mediation and peace-building initiatives in Wards 5, 6, 7 and 8; $70,000 will go to expand recreation and street outreach in Police Service Area (“PSA”) 104 in Ward 6, and $50,000 will go to support the Gang Intervention Partnership in PSA 302 in Ward 1.

(e) Without the funding support, government efforts to proactively address the recent increase in crime and to comprehensively take measures to avoid a reversal in the city’s long-term progress in crime reduction will be unsuccessful.

(f) Although Council approval is not necessary for the Mayor to access these funds, it is important that both the executive and legislative branches demonstrate support for maintaining improvements in public safety in the District.

Sec. 3. The Council of the District of Columbia has determined that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Sense of the Council in Support of the Mayor’s Emergency Funding of Crime Prevention and Abatement Efforts Emergency Approval Resolution of 2006 be adopted after a single reading.

Sec. 4. This resolution shall take effect immediately.

Enhanced Crime Prevention and Abatement Emergency Declaration Resolution of 2006

Chairman Linda W. Cropp, at the request of the Mayor

A PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To declare the existence of an emergency with respect to the need to amend the Juvenile Curfew Act of 1995 to authorize the Mayor to modify curfew hours following a public safety necessity determination; the need to amend Title 16 of the District of Columbia Official Code to require that specified information be provided to the Chief of the Metropolitan Police Department; the need to amend Titles 23 and 16 of the District of Columbia Official Code to create a rebuttable presumption for detaining certain adults and juveniles charged with robbery pending a trial or disposition hearing; and the need to amend the regulations governing the Metropolitan Police Department’s Closed Circuit Television system to authorize its use in the prevention, detection, deterrence, and investigation of crime.

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Enhanced Crime Prevention and Abatement Emergency Declaration Resolution of 2006”.

Sec. 2. (a) In the first eleven (11) days of July in the District of Columbia, there were

(1) Twelve (12) homicides;

(2) 126 robberies; and

(3) 123 assaults with a deadly weapon

(b) Over the past thirty (30) days, when compared to the same time period last year, there has been

(1) a 9% increase in robberies; and

(2) a 21% increase in assaults with a deadly weapon.

(1) an 8% increase in violent crimes;

(2) a 14% increase in robberies; and

(3) a 3% increase in assaults with a deadly weapon.

(d) During the calendar year, when compared to the same time period last year, there has been:

(1) a 26% increase in robberies in the First Police District;

(2) a 30% increase in assaults with deadly weapon in the Third Police District;

(3) a 35% increase in robberies in the Fourth Police District; and

(4) a 26% increase in robberies in the Fifth Police District.

(e) During the calendar year, when compared to the same time period last year, there has been:

(1) 1,793 juvenile arrests, representing a 14% increase;

(2) an 82% increase in juvenile arrests for robbery; and

(3) a 27% increase in juveniles arrest for weapons violations.

(f) In first 5 months of 2006, 1,193 juveniles were arrested a total of 1,532 times.

(1) 42% of those juveniles were repeat offenders;

(2) 499 had been arrested more than once since 2001;

(3) 288 had been arrested 3 or more times since 2001; and

(4) 116 had been arrested for robbery at least once since 2001.

(g) On July 11, Chief of Police Charles H. Ramsey declared a crime emergency to combat these increases in crime.

(h) Effective July 17, all members of the Metropolitan Police Department have been assigned to work six (6) day workweeks.

(i) The Enhanced Crime Prevention and Abatement Emergency Act of 2006 will provide law enforcement and prosecutors with the tools they need to prevent and reduce crime, by:

(1) giving the Mayor flexibility in establishing curfew hours;

(2) ensuring the police receive information about juvenile arrestees placed on probation or released into the community;

(3) creating a rebuttable presumption that some adults and juveniles arrested for robbery should be detained pending a trial or disposition hearing; and

(4) authorizing the Metropolitan Police Department to use its closed circuit television system to combat crime.

Sec. 3. The Council of the District of Columbia has determined that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Enhanced Crime Prevention and Abatement Emergency Amendment Act of 2006 be adopted after a single reading.

Sec. 4. This resolution shall take effect immediately.

Enhanced Crime Prevention and Abatement Emergency Amendment Act of 2006

Chairman Linda W. Cropp, at the request of the Mayor

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend, on an emergency basis, the Juvenile Curfew Act of 1995 to authorize the Mayor to modify curfew hours following a public safety necessity determination; Title 16 of the District of Columbia Official Code to require the Family Court of the District of Columbia Superior Court to disclose specified information to the Chief of the Metropolitan Police Department, and to require the Director of the Department of Youth Rehabilitation Services to disclose specified information to the Chief of the Metropolitan Police Department; to amend Titles 23 and 16 of the District of Columbia Official Code to create a rebuttable presumption for detaining certain adults and juveniles charged with robbery pending a trial or disposition hearing; and to amend the regulations governing the Metropolitan Police Department’s Closed Circuit Television system to authorize its use in the prevention, detection, deterrence, and investigation of crime.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Enhanced Crime Prevention and Abatement Emergency Amendment Act of 2006”.

Sec. 2. Definition of Curfew Hours.

(a) Section 3(1) of the Juvenile Curfew Act of 1995 (D.C. Official Code § 2-1542(1)) is amended to read as follows:

““Curfew hours” means from 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 6:00 a.m. on the following day, and from 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. During the months of July and August, the term “curfew hours” means from 12:01 a.m. until 6:00 a.m. The Mayor may establish alternative curfew hours as required for public safety purposes. The Mayor shall provide public notice of the establishment and expiration of alternative curfew hours through publication in the D.C. Register, publication on the District of Columbia government and Metropolitan Police Department websites, written notification to the Council and ANC Commissioners, and issuance of a press release, which shall specify the date and time that the alternative curfew hours are to begin.”.

Sec. 3. Mandatory Disclosure of Juvenile Records.

(a) Title 16 of the District of Columbia Official Code is amended as follows:

(1) Section 16-2301 is amended by adding a new paragraph (43) to read as follows:

“(43) The term “weapons offense” means any violation of any law, rule, or regulation which involves the sale, purchase, transfer in any manner, receipt, acquisition, possession, having under control, use, repair, manufacture, carrying, or transportation of any firearm, ammunition, or destructive device as these terms are defined in the Firearms Control Regulations Act of 1975.”

(2) Section 16-2331 is amended by adding a new subsection (d-1) to read as follows:

“(d-1)(1) Notwithstanding subsections (b), (b-1), (b-2), (c), or (d) of this section, for every respondent who has been: (i) arrested for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) arrested for a weapons offense; (iii) arrested for unauthorized use of a vehicle; (iv) arrested for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) arrested three or more times, and is not detained by the Family Court pursuant to D.C. Official Code § 16-2313(b)(3), the Family Court shall, within 48 hours of the decision not to detain the respondent, provide the following case record information to the Chief of the Metropolitan Police Department (“Chief”):

“(A) Respondent’s name;

“(B) Arrest charges and, when available, the determination made at any fact finding, plea and subsequent dispositional hearing for each of the respondent’s cases, except that this provision shall not require the disclosure of neglect cases or the disposition thereof;

“(C) Last known home address of the respondent;

“(D) Last known address of the respondent’s parents, guardians, caretakers, and custodians;

“(E) Address to which the respondent will be placed and the name and address of the person into whose custody the respondent will be placed;

“(F) All terms of the placement or conditions of release;

“(G) All information that has been provided to the Family Court related to any threat against the respondent, or regarding the safety of the respondent; and

“(H) All information that has been provided to the Family Court related to the respondent’s release or placement that may have an impact on public safety.

“(2) Notwithstanding subsections (b), (b-1), (b-2), (c), or (d), the Family Court shall provide the following case record information to the Chief for all stay-away orders and post-adjudication probation orders issued for a respondent:

“(A) Respondent’s name;

“(B) Arrest charges and, when available, the determination made at any fact finding, plea and subsequent dispositional hearing for each of the respondent’s cases except that this provision shall not require the disclosure of neglect cases or the disposition thereof;

“(C) Last known home address of the respondent;

“(D) Last known address of the respondent’s parents, guardians, caretakers, and custodians;

“(E) Address to which the respondent will be placed or released and the name and address of the person into whose custody the respondent will be placed;

“(F) All terms of the placement or conditions of release or probation;

“(G) All information that has been provided to the Court related to any threat against the respondent, or regarding the safety of the respondent;

“(H) All information that has been provided to the Court related to the respondent’s release or placement that may have an impact on public safety; and

“(I) All terms or conditions of the stay-away order or probation order.

“(3) The requirements of paragraph (1) of this subsection shall only apply to decisions not to detain respondents following the respondent’s (i) arrest for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) arrest for a weapons offense; (iii) arrest for unauthorized use of a vehicle; (iv) arrest for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) third or greater arrest. If a respondent is subsequently arrested and the subsequent arrest is not (i) for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) for a weapons offense; (iii) for unauthorized use of a vehicle; (iv) for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) the respondent’s third or greater arrest, the requirement of paragraph (1) of this subsection shall not apply.

“(4) The Chief shall utilize information obtained from the Family Court and may disclose such information to persons or entities as the Chief determines is necessary to preserve public safety or the safety of the respondent. The Chief shall not otherwise disclose this information, except as authorized by this section.

“(5) If the Chief discloses information pursuant to paragraph (4) of this subsection, the Chief shall notify the recipient that the information may only be re-disclosed to law enforcement officers and only to the extent necessary to preserve public safety or the safety of the respondent. The Chief shall notify the recipient of the information that any other use or disclosure of the information shall be governed by sections 16-2331, 16-2332, and 16-2333, and that unauthorized re-disclosure may be prosecuted under section 16-2336.”.

(3) Section 16-2332 is amended by adding a new subsection (d-1) to read as follows:

“(d-1)(1) Notwithstanding subsections (b), (c), or (d), for every respondent in the legal custody of the Department of Youth Rehabilitation Services (“Department”) pursuant to D.C. Official Code § 16-2320(c)(2) who has been: (i) arrested for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) arrested for a weapons offense; (iii) arrested for unauthorized use of a vehicle; (iv) arrested for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) arrested three or more times, the Director of the Department (“Director”) shall provide notice to the Chief of:

“(A) Any assignment, transfer, or placement of a respondent in a Department facility or residential or other placement, including any facility operated by a contractor or agent, at least 5 business days prior to the assignment, transfer or placement; and

“(B) Any release of a respondent from any Department facility, or residential or other placement operated by the Department or a contractor or agent, at least five business days prior to the release.

“(2) The requirements of subparagraphs (1)(A) and (B) of this subsection shall only apply to assignment, transfer, placement, or release decisions for a respondent following the respondent’s (i) arrest for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) arrest for a weapons offense; (iii) arrest for unauthorized use of a vehicle; or (iv) third or greater arrest. If a respondent is subsequently arrested and the subsequent arrest is not (i) for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) for a weapons offense; (iii) for unauthorized use of a vehicle; (iv) for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) the respondent’s third or greater arrest, the requirements of paragraphs (1) and (2) of this subsection shall not apply.

“(3) Notwithstanding subsections (b), (c), or (d), for any respondent who is detained or in the legal custody of the Department, the Director shall provide notice to the Chief of:

“(A) Any respondent absconding from a Department facility, or residential or other placement, including any facility or placement operated by an agent or contractor, within one hour of the absconding; and

“(B) Any respondent being absent without authorization from a Department facility, or residential or other placement, including any facility or placement operated by an agent or contractor, within 3 hours of learning that the respondent is absent without authorization.

“(4) Notice issued pursuant to this subsection shall include the following information, as applicable:

“(A) Respondent’s name;

“(B) Arrest charges and, if applicable, the determination made at any fact finding, plea and subsequent dispositional hearing except that this provision shall not require the disclosure of neglect cases or the disposition thereof;

“(C) Last known home address of the respondent;

“(D) Last known address of the respondent’s parents, guardians, caretakers, and custodians;

“(E) Address to which the respondent will be assigned, transferred, placed, or released and the name and address of the person into whose custody the respondent will be placed if the respondent is not placed into a Department facility;

“(F) A recent photograph of the respondent;

“(G) All terms or conditions of the assignment, transfer, placement, or release;

“(H) All information that has been provided to the Director related to any threat against the respondent, or regarding the safety of the respondent; and

“(I) All information that has been provided to the Director related to the respondent’s assignment, transfer, placement, release, abscondence or unauthorized absence that may have an impact on public safety.

“(5) If circumstances outside the control of the Director prevent the Director from providing notice prior to assignment, transfer, placement, or release, the Director shall provide notice to the Chief as soon as possible, but in no event more than 5 business days after the assignment, transfer, placement, or release.

“(6) If the Director has any information that may be related to the safety of the respondent or the public safety, the Director shall disclose such information to the Chief in order for the Chief to determine the authenticity, reliability, or relevance of the information to public safety or the safety of the respondent.

“(7) The Chief shall utilize information obtained from the Director and may disclose such information to persons or entities as necessary to preserve public safety or the safety of the respondent. The Chief shall not otherwise disclose this information, except as authorized by this section.

“(8) If the Chief discloses information pursuant to paragraph 6 of this subsection, the Chief shall notify the recipient that the information may only be re-disclosed to law enforcement officers and only to the extent necessary to preserve public safety or the safety of the respondent. The Chief shall notify the recipient of the information that any other use or disclosure of the information shall be governed by sections 16-2331, 16-2332, and 16-2333, and that unauthorized re-disclosure may be prosecuted under section 16-2336.

“(9) The Chief may make additional inquiries to the Director based upon the information disclosed under paragraph (1) of this subsection. The Director shall provide supplemental information to the Chief when requested by the Chief, as necessary to protect public safety or the safety of the respondent.”.

Sec. 4. Rebuttable Presumption for Detaining Adults and Juveniles Charged with Robbery Pending a Trial or Disposition Hearing.

(a) Section 23-1322(c) of the District of Columbia Official Code is amended as follows:

(1) Paragraph (1) is amended by striking the phrase “or imitation firearm;” and inserting the phrase “imitation firearm, or other deadly or dangerous weapon;” in its place;

(2) Paragraph (3) is amended by striking the phrase “offense; or” and inserting the word “offense;” in its place;

(3) Paragraph (4) is amended by striking the phrase “federal offense.” and inserting the phrase “federal offense;” in its place;

(4) New paragraphs (5) and (6) are added to read as follows:

“(5) Committed two or more dangerous crimes or crimes of violence in separate incidents that are joined in the case before the judicial officer; or”

“(6) Committed a robbery in which the victim sustained an injury.”.

(b) Section 16-2310 of the District of Columbia Official Code is amended by adding a new subsection (a-1) to read as follows:

“(a-1) There shall be a rebuttable presumption that detention is required to protect the person or property of others if the judicial officer finds by a substantial probability that the child:

“(1) Committed a dangerous crime or a crime of violence, as these crimes are defined in D.C. Official Code § 23-1331, while armed with or having readily available a pistol, firearm, imitation firearm, or other deadly or dangerous weapon;

“(2) Committed a dangerous crime or crime of violence, as these terms are defined in D.C. Official Code § 22-1331, and has previously been adjudicated delinquent for a dangerous crime or crime of violence which was committed while on release pending a fact-finding or disposition hearing for a local, state or federal offense;

“(3) Committed a dangerous crime or crime of violence, as these crimes are defined in D.C. Official Code § 23-1331, while on release pending a fact-finding or disposition hearing for a local, state, or federal offense;

“(4) Committed two or more dangerous crimes or crimes of violence, as these crimes are defined in D.C. Official Code § 23-1331, in separate incidents that are joined in the case before the judicial officer; or

“(5) Committed a robbery in which the victim sustained an injury.”.

Sec. 5. Use of Closed Circuit Television to Combat Crime

(a) Chapter 25 of Title 24 DCMR is amended as follows:

(1) Section 2500.1 is amended by striking the phrase “within the Synchronized Operations Command Complex (SOCC)”.

(2) Section 2500.2 is amended by striking the phrase “and (2) to coordinate traffic control on an as needed basis” and inserting the phrase “(2) to coordinate traffic control on an as needed basis; and (3) to combat crime as authorized by § 2508.” in its place.

(3) Section 2501.10 is repealed.

(4) Section 2502.1 is amended to read as follows:

“2502.1 The Chief of Police shall provide public notification prior to the deployment of any additional permanent cameras, except:

“(a) Under exigent circumstances;

“(b) When cameras are deployed pursuant to a court order; or

“(c) When the Chief of Police determines that such notification would undermine the camera’s crime-fighting utility as described in § 2508.”.

(5) Section 2504.2 is amended by striking the phrase “SOCC personnel will enter activation information, including the disposition of any observed incidents, into the running resume of the daily SOCC report, including” and inserting the phrase “MPD personnel will record activation information, including the disposition of any observed incidents,” in its place.

(6) Section 2504.3 is amended to read as follows:

“2504.3 An official at the rank of Sergeant or above shall be present and shall supervise and monitor CCTV activities wherever they may occur.”

(7) Section 2505.4 is amended by striking the phrase “of the SOCC.”.

(8) Section 2505.11 is amended by striking the phrase “SOCC staff shall maintain a video catalog” and inserting the phrase “MPD personnel shall maintain a video catalog” in its place.

(9) A new section 2508 is added to read as follows:

“2508 USE OF CCTV TO COMBAT CRIME

“2508.1 The Chief of Police is authorized to use the CCTV system for the purpose of preventing, detecting, deterring, and investigating crime in neighborhoods in the District of Columbia.

“2508.2 The Chief of Police shall, at a minimum, consider the following factors prior to using the CCTV system to combat crime:

“(a) The number and type of calls for service in the proposed CCTV camera location;

“(b) Any crimes that were committed in the proposed CCTV camera location; and

“(c) Any other objectively verifiable information from which the Chief of Police may ascertain whether the health, safety, or property of residents who live in the proposed CCTV location are endangered by crime or other illegal activity.

“2508.3 The Chief of Police shall have the final authority to decide where to place a CCTV camera or CCTV cameras for crime fighting purposes.

“2508.4 When CCTV is used to combat crime, recordings may be passively monitored, meaning that the video feeds may not be monitored in real time, and recordings may be viewed by MPD personnel where there is reason to believe that the viewing may help solve a crime.

“2508.5 Notwithstanding § 2508.6, the Chief of Police shall consult with the relevant Councilmember and the relevant ANC Commissioner prior to deploying CCTV cameras to combat crime.

“2508.6 The Chief of Police is authorized to deploy cameras without first notifying or soliciting comments from the public if the Chief of Police determines that such notification would undermine the camera’s crime-fighting utility as described in this section. As soon as the Chief of Police determines that the camera will not provide any additional crime-fighting utility, the camera shall be turned off, and shall be removed as soon as feasible. The Chief of Police will provide post-deployment public notification of any camera deployed under this provision.

“2508.7 Within one year of initiating the use of CCTV to combat crime, the Chief of Police shall report to the Mayor and to the Council on the system’s effectiveness at preventing, detecting, or solving crime. The report shall also evaluate whether the presence of cameras served to displace criminal activity.”.

(10) Section 2599.1 is amended to read as follows:

“2599 DEFINITIONS

“2599.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

“Chief of Police – The Chief of Police or his or her designee.

“Closed Circuit Television – Any live video link that is electronically received into any MPD property.

“Demonstration – A temporary presentation of the capacity of the CCTV system to visitors of the MPD.

“Exigent Circumstances – Unanticipated situations that threaten the immediate safety of individuals or property within the District of Columbia.

“External Video Feeds – Any video link received by MPD on a live basis from a source other than MPD.

“Public Entities – District of Columbia, state, or federal agencies.

“Public Notice or Notification– Notice that includes at a minimum, but is not limited to, publication in the D.C. Register, posting on the MPD website, written notice to the relevant Councilmember, written notice to the relevant ANC Commissioner, and issuance of a press release.”.

Sec. 6. Fiscal Impact.

The Council adopts the fiscal impact statement provided by the Chief Financial Officer as the fiscal impact statement required by section 602(c)(3) of the Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

Sec. 7. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).

Enhanced Crime Prevention and Abatement Temporary Amendment Act of 2006

Chairman Linda W. Cropp at the request of the Mayor

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend, on a temporary basis, the Juvenile Curfew Act of 1995 to authorize the Mayor to modify curfew hours following a public safety necessity determination; Title 16 of the District of Columbia Official Code to require the Family Court of the District of Columbia Superior Court to disclose specified information to the Chief of the Metropolitan Police Department, and to require the Director of the Department of Youth Rehabilitation Services to disclose specified information to the Chief of the Metropolitan Police Department; to amend Titles 23 and 16 of the District of Columbia Official Code to create a rebuttable presumption for detaining certain adults and juveniles charged with robbery pending a trial or disposition hearing; and to amend the regulations governing the Metropolitan Police Department’s Closed Circuit Television system to authorize its use in the prevention, detection, deterrence, and investigation of crime.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Enhanced Crime Prevention and Abatement Temporary Amendment Act of 2006”.

Sec. 2. Definition of Curfew Hours.

(a) Section 3(1) of the Juvenile Curfew Act of 1995 (D.C. Official Code § 2-1542(1)) is amended to read as follows:

““Curfew hours” means from 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 6:00 a.m. on the following day, and from 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. During the months of July and August, the term “curfew hours” means from 12:01 a.m. until 6:00 a.m. The Mayor may establish alternative curfew hours as required for public safety purposes. The Mayor shall provide public notice of the establishment and expiration of alternative curfew hours through publication in the D.C. Register, publication on the District of Columbia government and Metropolitan Police Department websites, written notification to the Council and ANC Commissioners, and issuance of a press release, which shall specify the date and time that the alternative curfew hours are to begin.”.

Sec. 3. Mandatory Disclosure of Juvenile Records.

(a) Title 16 of the District of Columbia Official Code is amended as follows:

(1) Section 16-2301 is amended by adding a new paragraph (43) to read as follows:

“(43) The term “weapons offense” means any violation of any law, rule, or regulation which involves the sale, purchase, transfer in any manner, receipt, acquisition, possession, having under control, use, repair, manufacture, carrying, or transportation of any firearm, ammunition, or destructive device as these terms are defined in the Firearms Control Regulations Act of 1975.”

(2) Section 16-2331 is amended by adding a new subsection (d-1) to read as follows:

“(d-1)(1) Notwithstanding subsections (b), (b-1), (b-2), (c), or (d) of this section, for every respondent who has been: (i) arrested for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) arrested for a weapons offense; (iii) arrested for unauthorized use of a vehicle; (iv) arrested for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) arrested three or more times, and is not detained by the Family Court pursuant to D.C. Official Code § 16-2313(b)(3), the Family Court shall, within 48 hours of the decision not to detain the respondent, provide the following case record information to the Chief of the Metropolitan Police Department (“Chief”):

“(A) Respondent’s name;

“(B) Arrest charges and, when available, the determination made at any fact finding, plea and subsequent dispositional hearing for each of the respondent’s cases, except that this provision shall not require the disclosure of neglect cases or the disposition thereof;

“(C) Last known home address of the respondent;

“(D) Last known address of the respondent’s parents, guardians, caretakers, and custodians;

“(E) Address to which the respondent will be placed and the name and address of the person into whose custody the respondent will be placed;

“(F) All terms of the placement or conditions of release;

“(G) All information that has been provided to the Family Court related to any threat against the respondent, or regarding the safety of the respondent; and

“(H) All information that has been provided to the Family Court related to the respondent’s release or placement that may have an impact on public safety.

“(2) Notwithstanding subsections (b), (b-1), (b-2), (c), or (d), the Family Court shall provide the following case record information to the Chief for all stay-away orders and post-adjudication probation orders issued for a respondent:

“(A) Respondent’s name;

“(B) Arrest charges and, when available, the determination made at any fact finding, plea and subsequent dispositional hearing for each of the respondent’s cases except that this provision shall not require the disclosure of neglect cases or the disposition thereof;

“(C) Last known home address of the respondent;

“(D) Last known address of the respondent’s parents, guardians, caretakers, and custodians;

“(E) Address to which the respondent will be placed or released and the name and address of the person into whose custody the respondent will be placed;

“(F) All terms of the placement or conditions of release or probation;

“(G) All information that has been provided to the Court related to any threat against the respondent, or regarding the safety of the respondent;

“(H) All information that has been provided to the Court related to the respondent’s release or placement that may have an impact on public safety; and

“(I) All terms or conditions of the stay-away order or probation order.

“(3) The requirements of paragraph (1) of this subsection shall only apply to decisions not to detain respondents following the respondent’s (i) arrest for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) arrest for a weapons offense; (iii) arrest for unauthorized use of a vehicle; (iv) arrest for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) third or greater arrest. If a respondent is subsequently arrested and the subsequent arrest is not (i) for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) for a weapons offense; (iii) for unauthorized use of a vehicle; (iv) for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) the respondent’s third or greater arrest, the requirement of paragraph (1) of this subsection shall not apply.

“(4) The Chief shall utilize information obtained from the Family Court and may disclose such information to persons or entities as the Chief determines is necessary to preserve public safety or the safety of the respondent. The Chief shall not otherwise disclose this information, except as authorized by this section.

“(5) If the Chief discloses information pursuant to paragraph (4) of this subsection, the Chief shall notify the recipient that the information may only be re-disclosed to law enforcement officers and only to the extent necessary to preserve public safety or the safety of the respondent. The Chief shall notify the recipient of the information that any other use or disclosure of the information shall be governed by sections 16-2331, 16-2332, and 16-2333, and that unauthorized re-disclosure may be prosecuted under section 16-2336.”.

(3) Section 16-2332 is amended by adding a new subsection (d-1) to read as follows:

“(d-1)(1) Notwithstanding subsections (b), (c), or (d), for every respondent in the legal custody of the Department of Youth Rehabilitation Services (“Department”) pursuant to D.C. Official Code § 16-2320(c)(2) who has been: (i) arrested for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) arrested for a weapons offense; (iii) arrested for unauthorized use of a vehicle; (iv) arrested for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) arrested three or more times, the Director of the Department (“Director”) shall provide notice to the Chief of:

“(A) Any assignment, transfer, or placement of a respondent in a Department facility or residential or other placement, including any facility operated by a contractor or agent, at least 5 business days prior to the assignment, transfer or placement; and

“(B) Any release of a respondent from any Department facility, or residential or other placement operated by the Department or a contractor or agent, at least five business days prior to the release.

“(2) The requirements of subparagraphs (1)(A) and (B) of this subsection shall only apply to assignment, transfer, placement, or release decisions for a respondent following the respondent’s (i) arrest for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) arrest for a weapons offense; (iii) arrest for unauthorized use of a vehicle; or (iv) third or greater arrest. If a respondent is subsequently arrested and the subsequent arrest is not (i) for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) for a weapons offense; (iii) for unauthorized use of a vehicle; (iv) for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) the respondent’s third or greater arrest, the requirements of paragraphs (1) and (2) of this subsection shall not apply.

“(3) Notwithstanding subsections (b), (c), or (d), for any respondent who is detained or in the legal custody of the Department, the Director shall provide notice to the Chief of:

“(A) Any respondent absconding from a Department facility, or residential or other placement, including any facility or placement operated by an agent or contractor, within one hour of the absconding; and

“(B) Any respondent being absent without authorization from a Department facility, or residential or other placement, including any facility or placement operated by an agent or contractor, within 3 hours of learning that the respondent is absent without authorization.

“(4) Notice issued pursuant to this subsection shall include the following information, as applicable:

“(A) Respondent’s name;

“(B) Arrest charges and, if applicable, the determination made at any fact finding, plea and subsequent dispositional hearing except that this provision shall not require the disclosure of neglect cases or the disposition thereof;

“(C) Last known home address of the respondent;

“(D) Last known address of the respondent’s parents, guardians, caretakers, and custodians;

“(E) Address to which the respondent will be assigned, transferred, placed, or released and the name and address of the person into whose custody the respondent will be placed if the respondent is not placed into a Department facility;

“(F) A recent photograph of the respondent;

“(G) All terms or conditions of the assignment, transfer, placement, or release;

“(H) All information that has been provided to the Director related to any threat against the respondent, or regarding the safety of the respondent; and

“(I) All information that has been provided to the Director related to the respondent’s assignment, transfer, placement, release, abscondence or unauthorized absence that may have an impact on public safety.

“(5) If circumstances outside the control of the Director prevent the Director from providing notice prior to assignment, transfer, placement, or release, the Director shall provide notice to the Chief as soon as possible, but in no event more than 5 business days after the assignment, transfer, placement, or release.

“(6) If the Director has any information that may be related to the safety of the respondent or the public safety, the Director shall disclose such information to the Chief in order for the Chief to determine the authenticity, reliability, or relevance of the information to public safety or the safety of the respondent.

“(7) The Chief shall utilize information obtained from the Director and may disclose such information to persons or entities as necessary to preserve public safety or the safety of the respondent. The Chief shall not otherwise disclose this information, except as authorized by this section.

“(8) If the Chief discloses information pursuant to paragraph 6 of this subsection, the Chief shall notify the recipient that the information may only be re-disclosed to law enforcement officers and only to the extent necessary to preserve public safety or the safety of the respondent. The Chief shall notify the recipient of the information that any other use or disclosure of the information shall be governed by sections 16-2331, 16-2332, and 16-2333, and that unauthorized re-disclosure may be prosecuted under section 16-2336.

“(9) The Chief may make additional inquiries to the Director based upon the information disclosed under paragraph (1) of this subsection. The Director shall provide supplemental information to the Chief when requested by the Chief, as necessary to protect public safety or the safety of the respondent.”.

Sec. 4. Rebuttable Presumption for Detaining Adults and Juveniles Charged with Robbery Pending a Trial or Disposition Hearing.

(a) Section 23-1322(c) of the District of Columbia Official Code is amended as follows:

(1) Paragraph (1) is amended by striking the phrase “or imitation firearm;” and inserting the phrase “imitation firearm, or other deadly or dangerous weapon;” in its place;

(2) Paragraph (3) is amended by striking the phrase “offense; or” and inserting the word “offense;” in its place;

(3) Paragraph (4) is amended by striking the phrase “federal offense.” and inserting the phrase “federal offense;” in its place;

(4) New paragraphs (5) and (6) are added to read as follows:

“(5) Committed two or more dangerous crimes or crimes of violence in separate incidents that are joined in the case before the judicial officer; or”

“(6) Committed a robbery in which the victim sustained an injury.”.

(b) Section 16-2310 of the District of Columbia Official Code is amended by adding a new subsection (a-1) to read as follows:

“(a-1) There shall be a rebuttable presumption that detention is required to protect the person or property of others if the judicial officer finds by a substantial probability that the child:

“(1) Committed a dangerous crime or a crime of violence, as these crimes are defined in D.C. Official Code § 23-1331, while armed with or having readily available a pistol, firearm, imitation firearm, or other deadly or dangerous weapon;

“(2) Committed a dangerous crime or crime of violence, as these terms are defined in D.C. Official Code § 22-1331, and has previously been adjudicated delinquent for a dangerous crime or crime of violence which was committed while on release pending a fact-finding or disposition hearing for a local, state or federal offense;

“(3) Committed a dangerous crime or crime of violence, as these crimes are defined in D.C. Official Code § 23-1331, while on release pending a fact-finding or disposition hearing for a local, state, or federal offense;

“(4) Committed two or more dangerous crimes or crimes of violence, as these crimes are defined in D.C. Official Code § 23-1331, in separate incidents that are joined in the case before the judicial officer; or

“(5) Committed a robbery in which the victim sustained an injury.”.

Sec. 5. Use of Closed Circuit Television to Combat Crime

(a) Chapter 25 of Title 24 DCMR is amended as follows:

(1) Section 2500.1 is amended by striking the phrase “within the Synchronized Operations Command Complex (SOCC)”.

(2) Section 2500.2 is amended by striking the phrase “and (2) to coordinate traffic control on an as needed basis” and inserting the phrase “(2) to coordinate traffic control on an as needed basis; and (3) to combat crime as authorized by § 2508.” in its place.

(3) Section 2501.10 is repealed.

(4) Section 2502.1 is amended to read as follows:

“2502.1 The Chief of Police shall provide public notification prior to the deployment of any additional permanent cameras, except:

“(a) Under exigent circumstances;

“(b) When cameras are deployed pursuant to a court order; or

“(c) When the Chief of Police determines that such notification would undermine the camera’s crime-fighting utility as described in § 2508.”.

(5) Section 2504.2 is amended by striking the phrase “SOCC personnel will enter activation information, including the disposition of any observed incidents, into the running resume of the daily SOCC report, including” and inserting the phrase “MPD personnel will record activation information, including the disposition of any observed incidents,” in its place.

(6) Section 2504.3 is amended to read as follows:

“2504.3 An official at the rank of Sergeant or above shall be present and shall supervise and monitor CCTV activities wherever they may occur.”

(7) Section 2505.4 is amended by striking the phrase “of the SOCC.”.

(8) Section 2505.11 is amended by striking the phrase “SOCC staff shall maintain a video catalog” and inserting the phrase “MPD personnel shall maintain a video catalog” in its place.

(9) A new section 2508 is added to read as follows:

“2508 USE OF CCTV TO COMBAT CRIME

“2508.1 The Chief of Police is authorized to use the CCTV system for the purpose of preventing, detecting, deterring, and investigating crime in neighborhoods in the District of Columbia.

“2508.2 The Chief of Police shall, at a minimum, consider the following factors prior to using the CCTV system to combat crime:

“(a) The number and type of calls for service in the proposed CCTV camera location;

“(b) Any crimes that were committed in the proposed CCTV camera location; and

“(c) Any other objectively verifiable information from which the Chief of Police may ascertain whether the health, safety, or property of residents who live in the proposed CCTV location are endangered by crime or other illegal activity.

“2508.3 The Chief of Police shall have the final authority to decide where to place a CCTV camera or CCTV cameras for crime fighting purposes.

“2508.4 When CCTV is used to combat crime, recordings may be passively monitored, meaning that the video feeds may not be monitored in real time, and recordings may be viewed by MPD personnel where there is reason to believe that the viewing may help solve a crime.

“2508.5 Notwithstanding § 2508.6, the Chief of Police shall consult with the relevant Councilmember and the relevant ANC Commissioner prior to deploying CCTV cameras to combat crime.

“2508.6 The Chief of Police is authorized to deploy cameras without first notifying or soliciting comments from the public if the Chief of Police determines that such notification would undermine the camera’s crime-fighting utility as described in this section. As soon as the Chief of Police determines that the camera will not provide any additional crime-fighting utility, the camera shall be turned off, and shall be removed as soon as feasible. The Chief of Police will provide post-deployment public notification of any camera deployed under this provision.

“2508.7 Within one year of initiating the use of CCTV to combat crime, the Chief of Police shall report to the Mayor and to the Council on the system’s effectiveness at preventing, detecting, or solving crime. The report shall also evaluate whether the presence of cameras served to displace criminal activity.”.

(10) Section 2599.1 is amended to read as follows:

“2599 DEFINITIONS

“2599.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

“Chief of Police – The Chief of Police or his or her designee.

“Closed Circuit Television – Any live video link that is electronically received into any MPD property.

“Demonstration – A temporary presentation of the capacity of the CCTV system to visitors of the MPD.

“Exigent Circumstances – Unanticipated situations that threaten the immediate safety of individuals or property within the District of Columbia.

“External Video Feeds – Any video link received by MPD on a live basis from a source other than MPD.

“Public Entities – District of Columbia, state, or federal agencies.

“Public Notice or Notification– Notice that includes at a minimum, but is not limited to, publication in the D.C. Register, posting on the MPD website, written notice to the relevant Councilmember, written notice to the relevant ANC Commissioner, and issuance of a press release.”.

Sec. 6. Fiscal Impact.

Sec. 7. Effective date.

(a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a sixty day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

(b) This act shall expire after 225 days of its having taken effect.

Enhanced Crime Prevention and Abatement Amendment Act of 2006

Chairman Linda W. Cropp at the request of the Mayor

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Chairman Linda W. Cropp, at the request of the Mayor, introduced the following bill which was referred to the Committee on ____________________.

To amend the Juvenile Curfew Act of 1995 to authorize the Mayor to modify curfew hours following a public safety necessity determination; Title 16 of the District of Columbia Official Code to require the Family Court of the District of Columbia Superior Court to disclose specified information to the Chief of the Metropolitan Police Department, and to require the Director of the Department of Youth Rehabilitation Services to disclose specified information to the Chief of the Metropolitan Police Department; to amend Titles 23 and 16 of the District of Columbia Official Code to create a rebuttable presumption for detaining certain adults and juveniles charged with robbery pending a trial or disposition hearing; and to amend the regulations governing the Metropolitan Police Department’s Closed Circuit Television system to authorize its use in the prevention, detection, deterrence, and investigation of crime.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Enhanced Crime Prevention and Abatement Amendment Act of 2006”.

Sec. 2. Definition of Curfew Hours.

(a) Section 3(1) of the Juvenile Curfew Act of 1995 (D.C. Official Code § 2-1542(1)) is amended to read as follows:

““Curfew hours” means from 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 6:00 a.m. on the following day, and from 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. During the months of July and August, the term “curfew hours” means from 12:01 a.m. until 6:00 a.m. The Mayor may establish alternative curfew hours as required for public safety purposes. The Mayor shall provide public notice of the establishment and expiration of alternative curfew hours through publication in the D.C. Register, publication on the District of Columbia government and Metropolitan Police Department websites, written notification to the Council and ANC Commissioners, and issuance of a press release, which shall specify the date and time that the alternative curfew hours are to begin.”.

Sec. 3. Mandatory Disclosure of Juvenile Records.

(a) Title 16 of the District of Columbia Official Code is amended as follows:

(1) Section 16-2301 is amended by adding a new paragraph (43) to read as follows:

“(43) The term “weapons offense” means any violation of any law, rule, or regulation which involves the sale, purchase, transfer in any manner, receipt, acquisition, possession, having under control, use, repair, manufacture, carrying, or transportation of any firearm, ammunition, or destructive device as these terms are defined in the Firearms Control Regulations Act of 1975.”

(2) Section 16-2331 is amended by adding a new subsection (d-1) to read as follows:

“(d-1)(1) Notwithstanding subsections (b), (b-1), (b-2), (c), or (d) of this section, for every respondent who has been: (i) arrested for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) arrested for a weapons offense; (iii) arrested for unauthorized use of a vehicle; (iv) arrested for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) arrested three or more times, and is not detained by the Family Court pursuant to D.C. Official Code § 16-2313(b)(3), the Family Court shall, within 48 hours of the decision not to detain the respondent, provide the following case record information to the Chief of the Metropolitan Police Department (“Chief”):

“(A) Respondent’s name;

“(B) Arrest charges and, when available, the determination made at any fact finding, plea and subsequent dispositional hearing for each of the respondent’s cases, except that this provision shall not require the disclosure of neglect cases or the disposition thereof;

“(C) Last known home address of the respondent;

“(D) Last known address of the respondent’s parents, guardians, caretakers, and custodians;

“(E) Address to which the respondent will be placed and the name and address of the person into whose custody the respondent will be placed;

“(F) All terms of the placement or conditions of release;

“(G) All information that has been provided to the Family Court related to any threat against the respondent, or regarding the safety of the respondent; and

“(H) All information that has been provided to the Family Court related to the respondent’s release or placement that may have an impact on public safety.

“(2) Notwithstanding subsections (b), (b-1), (b-2), (c), or (d), the Family Court shall provide the following case record information to the Chief for all stay-away orders and post-adjudication probation orders issued for a respondent:

“(A) Respondent’s name;

“(B) Arrest charges and, when available, the determination made at any fact finding, plea and subsequent dispositional hearing for each of the respondent’s cases except that this provision shall not require the disclosure of neglect cases or the disposition thereof;

“(C) Last known home address of the respondent;

“(D) Last known address of the respondent’s parents, guardians, caretakers, and custodians;

“(E) Address to which the respondent will be placed or released and the name and address of the person into whose custody the respondent will be placed;

“(F) All terms of the placement or conditions of release or probation;

“(G) All information that has been provided to the Court related to any threat against the respondent, or regarding the safety of the respondent;

“(H) All information that has been provided to the Court related to the respondent’s release or placement that may have an impact on public safety; and

“(I) All terms or conditions of the stay-away order or probation order.

“(3) The requirements of paragraph (1) of this subsection shall only apply to decisions not to detain respondents following the respondent’s (i) arrest for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) arrest for a weapons offense; (iii) arrest for unauthorized use of a vehicle; (iv) arrest for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) third or greater arrest. If a respondent is subsequently arrested and the subsequent arrest is not (i) for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) for a weapons offense; (iii) for unauthorized use of a vehicle; (iv) for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) the respondent’s third or greater arrest, the requirement of paragraph (1) of this subsection shall not apply.

“(4) The Chief shall utilize information obtained from the Family Court and may disclose such information to persons or entities as the Chief determines is necessary to preserve public safety or the safety of the respondent. The Chief shall not otherwise disclose this information, except as authorized by this section.

“(5) If the Chief discloses information pursuant to paragraph (4) of this subsection, the Chief shall notify the recipient that the information may only be re-disclosed to law enforcement officers and only to the extent necessary to preserve public safety or the safety of the respondent. The Chief shall notify the recipient of the information that any other use or disclosure of the information shall be governed by sections 16-2331, 16-2332, and 16-2333, and that unauthorized re-disclosure may be prosecuted under section 16-2336.”.

(3) Section 16-2332 is amended by adding a new subsection (d-1) to read as follows:

“(d-1)(1) Notwithstanding subsections (b), (c), or (d), for every respondent in the legal custody of the Department of Youth Rehabilitation Services (“Department”) pursuant to D.C. Official Code § 16-2320(c)(2) who has been: (i) arrested for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) arrested for a weapons offense; (iii) arrested for unauthorized use of a vehicle; (iv) arrested for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) arrested three or more times, the Director of the Department (“Director”) shall provide notice to the Chief of:

“(A) Any assignment, transfer, or placement of a respondent in a Department facility or residential or other placement, including any facility operated by a contractor or agent, at least 5 business days prior to the assignment, transfer or placement; and

“(B) Any release of a respondent from any Department facility, or residential or other placement operated by the Department or a contractor or agent, at least five business days prior to the release.

“(2) The requirements of subparagraphs (1)(A) and (B) of this subsection shall only apply to assignment, transfer, placement, or release decisions for a respondent following the respondent’s (i) arrest for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) arrest for a weapons offense; (iii) arrest for unauthorized use of a vehicle; or (iv) third or greater arrest. If a respondent is subsequently arrested and the subsequent arrest is not (i) for a crime of violence (as defined in D.C. Official Code § 23-1331(4)); (ii) for a weapons offense; (iii) for unauthorized use of a vehicle; (iv) for theft in the first degree where the property obtained or used is a motor vehicle (as defined in D.C. Official Code § 22-3215(a)); or (v) the respondent’s third or greater arrest, the requirements of paragraphs (1) and (2) of this subsection shall not apply.

“(3) Notwithstanding subsections (b), (c), or (d), for any respondent who is detained or in the legal custody of the Department, the Director shall provide notice to the Chief of:

“(A) Any respondent absconding from a Department facility, or residential or other placement, including any facility or placement operated by an agent or contractor, within one hour of the absconding; and

“(B) Any respondent being absent without authorization from a Department facility, or residential or other placement, including any facility or placement operated by an agent or contractor, within 3 hours of learning that the respondent is absent without authorization.

“(4) Notice issued pursuant to this subsection shall include the following information, as applicable:

“(A) Respondent’s name;

“(B) Arrest charges and, if applicable, the determination made at any fact finding, plea and subsequent dispositional hearing except that this provision shall not require the disclosure of neglect cases or the disposition thereof;

“(C) Last known home address of the respondent;

“(D) Last known address of the respondent’s parents, guardians, caretakers, and custodians;

“(E) Address to which the respondent will be assigned, transferred, placed, or released and the name and address of the person into whose custody the respondent will be placed if the respondent is not placed into a Department facility;

“(F) A recent photograph of the respondent;

“(G) All terms or conditions of the assignment, transfer, placement, or release;

“(H) All information that has been provided to the Director related to any threat against the respondent, or regarding the safety of the respondent; and

“(I) All information that has been provided to the Director related to the respondent’s assignment, transfer, placement, release, abscondence or unauthorized absence that may have an impact on public safety.

“(5) If circumstances outside the control of the Director prevent the Director from providing notice prior to assignment, transfer, placement, or release, the Director shall provide notice to the Chief as soon as possible, but in no event more than 5 business days after the assignment, transfer, placement, or release.

“(6) If the Director has any information that may be related to the safety of the respondent or the public safety, the Director shall disclose such information to the Chief in order for the Chief to determine the authenticity, reliability, or relevance of the information to public safety or the safety of the respondent.

“(7) The Chief shall utilize information obtained from the Director and may disclose such information to persons or entities as necessary to preserve public safety or the safety of the respondent. The Chief shall not otherwise disclose this information, except as authorized by this section.

“(8) If the Chief discloses information pursuant to paragraph 6 of this subsection, the Chief shall notify the recipient that the information may only be re-disclosed to law enforcement officers and only to the extent necessary to preserve public safety or the safety of the respondent. The Chief shall notify the recipient of the information that any other use or disclosure of the information shall be governed by sections 16-2331, 16-2332, and 16-2333, and that unauthorized re-disclosure may be prosecuted under section 16-2336.

“(9) The Chief may make additional inquiries to the Director based upon the information disclosed under paragraph (1) of this subsection. The Director shall provide supplemental information to the Chief when requested by the Chief, as necessary to protect public safety or the safety of the respondent.”.

Sec. 4. Rebuttable Presumption for Detaining Adults and Juveniles Charged with Robbery Pending a Trial or Disposition Hearing.

(a) Section 23-1322(c) of the District of Columbia Official Code is amended as follows:

(1) Paragraph (1) is amended by striking the phrase “or imitation firearm;” and inserting the phrase “imitation firearm, or other deadly or dangerous weapon;” in its place;

(2) Paragraph (3) is amended by striking the phrase “offense; or” and inserting the word “offense;” in its place;

(3) Paragraph (4) is amended by striking the phrase “federal offense.” and inserting the phrase “federal offense;” in its place;

(4) New paragraphs (5) and (6) are added to read as follows:

“(5) Committed two or more dangerous crimes or crimes of violence in separate incidents that are joined in the case before the judicial officer; or”

“(6) Committed a robbery in which the victim sustained an injury.”.

(b) Section 16-2310 of the District of Columbia Official Code is amended by adding a new subsection (a-1) to read as follows:

“(a-1) There shall be a rebuttable presumption that detention is required to protect the person or property of others if the judicial officer finds by a substantial probability that the child:

“(1) Committed a dangerous crime or a crime of violence, as these crimes are defined in D.C. Official Code § 23-1331, while armed with or having readily available a pistol, firearm, imitation firearm, or other deadly or dangerous weapon;

“(2) Committed a dangerous crime or crime of violence, as these terms are defined in D.C. Official Code § 22-1331, and has previously been adjudicated delinquent for a dangerous crime or crime of violence which was committed while on release pending a fact-finding or disposition hearing for a local, state or federal offense;

“(3) Committed a dangerous crime or crime of violence, as these crimes are defined in D.C. Official Code § 23-1331, while on release pending a fact-finding or disposition hearing for a local, state, or federal offense;

“(4) Committed two or more dangerous crimes or crimes of violence, as these crimes are defined in D.C. Official Code § 23-1331, in separate incidents that are joined in the case before the judicial officer; or

“(5) Committed a robbery in which the victim sustained an injury.”.

Sec. 5. Use of Closed Circuit Television to Combat Crime

(a) Chapter 25 of Title 24 DCMR is amended as follows:

(1) Section 2500.1 is amended by striking the phrase “within the Synchronized Operations Command Complex (SOCC)”.

(2) Section 2500.2 is amended by striking the phrase “and (2) to coordinate traffic control on an as needed basis” and inserting the phrase “(2) to coordinate traffic control on an as needed basis; and (3) to combat crime as authorized by § 2508.” in its place.

(3) Section 2501.10 is repealed.

(4) Section 2502.1 is amended to read as follows:

“2502.1 The Chief of Police shall provide public notification prior to the deployment of any additional permanent cameras, except:

“(a) Under exigent circumstances;

“(b) When cameras are deployed pursuant to a court order; or

“(c) When the Chief of Police determines that such notification would undermine the camera’s crime-fighting utility as described in § 2508.”.

(5) Section 2504.2 is amended by striking the phrase “SOCC personnel will enter activation information, including the disposition of any observed incidents, into the running resume of the daily SOCC report, including” and inserting the phrase “MPD personnel will record activation information, including the disposition of any observed incidents,” in its place.

(6) Section 2504.3 is amended to read as follows:

“2504.3 An official at the rank of Sergeant or above shall be present and shall supervise and monitor CCTV activities wherever they may occur.”

(7) Section 2505.4 is amended by striking the phrase “of the SOCC.”.

(8) Section 2505.11 is amended by striking the phrase “SOCC staff shall maintain a video catalog” and inserting the phrase “MPD personnel shall maintain a video catalog” in its place.

(9) A new section 2508 is added to read as follows:

“2508 USE OF CCTV TO COMBAT CRIME

“2508.1 The Chief of Police is authorized to use the CCTV system for the purpose of preventing, detecting, deterring, and investigating crime in neighborhoods in the District of Columbia.

“2508.2 The Chief of Police shall, at a minimum, consider the following factors prior to using the CCTV system to combat crime:

“(a) The number and type of calls for service in the proposed CCTV camera location;

“(b) Any crimes that were committed in the proposed CCTV camera location; and

“(c) Any other objectively verifiable information from which the Chief of Police may ascertain whether the health, safety, or property of residents who live in the proposed CCTV location are endangered by crime or other illegal activity.

“2508.3 The Chief of Police shall have the final authority to decide where to place a CCTV camera or CCTV cameras for crime fighting purposes.

“2508.4 When CCTV is used to combat crime, recordings may be passively monitored, meaning that the video feeds may not be monitored in real time, and recordings may be viewed by MPD personnel where there is reason to believe that the viewing may help solve a crime.

“2508.5 Notwithstanding § 2508.6, the Chief of Police shall consult with the relevant Councilmember and the relevant ANC Commissioner prior to deploying CCTV cameras to combat crime.

“2508.6 The Chief of Police is authorized to deploy cameras without first notifying or soliciting comments from the public if the Chief of Police determines that such notification would undermine the camera’s crime-fighting utility as described in this section. As soon as the Chief of Police determines that the camera will not provide any additional crime-fighting utility, the camera shall be turned off, and shall be removed as soon as feasible. The Chief of Police will provide post-deployment public notification of any camera deployed under this provision.

“2508.7 Within one year of initiating the use of CCTV to combat crime, the Chief of Police shall report to the Mayor and to the Council on the system’s effectiveness at preventing, detecting, or solving crime. The report shall also evaluate whether the presence of cameras served to displace criminal activity.”.

(10) Section 2599.1 is amended to read as follows:

“2599 DEFINITIONS

“2599.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

“Chief of Police – The Chief of Police or his or her designee.

“Closed Circuit Television – Any live video link that is electronically received into any MPD property.

“Demonstration – A temporary presentation of the capacity of the CCTV system to visitors of the MPD.

“Exigent Circumstances – Unanticipated situations that threaten the immediate safety of individuals or property within the District of Columbia.

“External Video Feeds – Any video link received by MPD on a live basis from a source other than MPD.

“Public Entities – District of Columbia, state, or federal agencies.

“Public Notice or Notification– Notice that includes at a minimum, but is not limited to, publication in the D.C. Register, posting on the MPD website, written notice to the relevant Councilmember, written notice to the relevant ANC Commissioner, and issuance of a press release.”.

Sec. 6. Fiscal Impact.

Sec. 7. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a sixty day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

Enhanced Crime Prevention and Abatement Amendment Act of 2006 Bills No. 16-877, 16-878

Sense of the Council Emergency Declaration

Enhanced Crime Prevention and Abatement Emergency Declaration Resolution of 2006

Enhanced Crime Prevention and Abatement Emergency Amendment Act of 2006

Enhanced Crime Prevention and Abatement Temporary Amendment Act of 2006

Enhanced Crime Prevention and Abatement Amendment Act of 2006

Enhanced Crime Prevention and Abatement Amendment Act of 2006
Bills No. 16-877, 16-878