Hospitals & Asylums
Council Chairwoman Linda W. Cropp, Council Members Carol Schwartz, David Catania, Phil Mendelson, Kwame R. Brown, Jim Graham, Jack Evans, Kathleen Patterson, Adrian Fenty, Vincent Orange, Sharon Ambrose, Vincent C. Grey, Marion Barry, US Congresswoman Eleanor Norton, Social Security Commissioner Joanne Barnhart Congressman Bill Thomas Chairman of the Ways and Means Committee
Congressman Jim McCrery Chairman of the Subcommittee on Social Security
A. Washington DC is the capitol city of the United States of America. DC has the highest rate of poverty of any state in the nation and the highest rate of criminal detention of any state in the world. The district government defends under §24-105 of the District of Columbia Code to correct these failings of the Federal Bureau of Prisons and Social Security Administration in this “Act Decriminalizing Corrections in Washington DC”.
B. In recognition of the human rights situation and in delegation of responsibility for peaceful co-operation between the local and federal governments in the capitol city of the United States of America the United Nations shall keep the peace pursuant to Art. 2(4), 55 of the UN Charter, Art. 36 of the Statute of the International Court of Justice, the Rome Statute of the International Criminal Court, the Universal Declaration of Human Rights 217 A (III) of 10 December 1948, International Covenant on Civil and Political Rights 999 U.N.T.S. 171, of Mar. 23, 1976, International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment A/39/51 (1984), Standard Minimum Rules for the Treatment of Prisoners A/CONF/611(1955), Basic Principles for the Treatment of Prisoners A/45/49 (1990), Body Principles for the Protection of all Persons under any Form of Detention or Imprisonment A/43/49 (1988), International Convention for the Suppression of the Financing of Terrorism (12/9/1999) the Declaration on Social Progress and Development 2542 (XXIV) 1969, International Covenant on Economic, Social and Cultural Rights, 2200A(XXI)(1966), and Hospitals & Asylums Chapters 3 Health and Welfare (HaW) and Chapter 6 Correction Conviction.
Whereas Washington DC is estimated to have had a population of 563,384 in 2003 and although the per capita income of $28,659 is relatively high as the result of high rates of pay offered to federal government employees a total of 113,800, 20.2% of the DC population, live below the poverty line HA-14-4-05.
Concerned that 20.2% of Washington DC residents living below the poverty line is the highest rate of poverty in the US the capitol city is the most inequitable “state” in the nation despite, or more likely because of, the presence of a large number of politicians.
Recognizing that DC residents contributed a total of $1.47 billion towards Social Security retirement and disability insurance and received only an estimated $500 million annually in retirement and disability insurance for 87,000 beneficiaries during 2003.
Wherefore it is only fair that the Social Security Administration grant the city state another $500 million annually for administration to >20,000 people living below the poverty line without any assistance and to supplement unusually low benefit payments paid to retired and disabled residents of the District of Columbia.
Encouraging the IMF to supervise the management of the $1 billion annual welfare trust fund administration for the elimination of poverty and income equality in Washington DC that can be supplemented with private tax deductible donations.
Whereas Washington DC detains a total of 8,226 people, 6,573 in federal and state prison and 1,653 in local facilities for a ratio of an estimated 1,500 prisoners per 100,000 residents HA-30-6-99 the recommended prison population density per 100,000 of 250-500 for a town the size of DC is 1,500 – 2,500.
Conflictingly the District of Columbia Department of Corrections declares 3,300 inmates housed in local facilities and an undisclosed number of prisoners exported to federal prisons around the nation for more serious felony offenses. It can be assumed that 8,226 is a reasonable estimate of the total number of detainees from the District of Columbia.
Torturously the District jails have embarked upon a biological experiment forcibly banning smoking by the 3,300 inmates in the District jail driving smokers to have a psychotic episode at the exact time they must represent themselves intelligently at a trial to escape years in the federal prison where smoking is permitted wherefore to uphold civility, the smoking ban must be abolished.
Wherefore the release of an estimated 5,000 detainees from District and Federal jails is required for the District of Columbia to meet national and international minimal standard rules. Respectively 1,000 less “misdemeanor”, “involuntary treatment” and “lesser non career felony” should be detained from the DC Detention and Treatment Centers and an estimated 4,000 federal detainees released from the Federal Prisons. Prisoners should be released to their own self cognizance, half way houses, probation and parole in adequate numbers to reduce DC prison population to national norms of 1,500 – 2,500 for a town the size of DC.
Noting that the District has more than adequate jail space with 3,300 beds and a 20 year contract with the American Correctional Corporation the District shall be held responsible for the detention of all the prisoners of the District. Federal prisoners could be returned home to be near their families, if they want.
Prohibiting the District of Columbia Courts to use the federal penitentiary is an important first step to set an example for the federal judiciary to restrain criminal prosecution to the state courts and departments of corrections under the federal supervision of the Bureau of Prisons of all detention facilities in the USA. Respectively the District of Columbia jails would have responsibility for housing all serious offenders serving lengthy sentencing.
Sentencing of federal prisoners from the District of Columbia must be reviewed for the acquittal of cases of entrapment, false arrest, partially served mandatory minimum sentencing, borderline federal felony offenders who face less than 50 years in prison and are therefore eligible for probation and those well behaved prisoners who have satisfactorily served a portion of their sentence to be eligible for supervised release under Blakely v. Washington No. 02-1632 (2004) and USA v. Booker J. No. 04-104-105 (2005) that also mandates that Title 22 of the District of Columbia Code Subtitle I Criminal Offenses and Penalties be amended to eliminate mandatory minimum sentencing and adjust criminal sentencing down ward.
Releasing 4,000 prisoners detained under the truth in sentencing Act from the federal penitentiary and accommodating many thousands of short term local refugees and any homeless people who might be safely sheltered until they either integrated into a local welfare program and/or moved out of town with federal disability insurance is estimated to cost $20,000,000 of District funds annually for Community corrections, halfway house and homeless shelter this Act yielding an estimated $96,000,000 in savings for the federal Bureau of Prisons that are billed under § 24-201.25 to the District of Columbia quarterly.
President pro tempore Senator Arlen Specter Chairman of the Judiciary Committee responsible for $6,500 to the author under 1USC(3)§213 and §202; under this same law DC intrinsically liable for the full $6,5 00 a year until there are no more amendments to this Act 10-6-05. The author would be a taxpayer this year if both paid and Social Security agreed to the SSI increase for the work email@example.com
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Anthony J. Sanders
Full 33 page Text: www.title24uscode.org/DC.doc
Citation: Sanders, Tony J. Hospitals & Asylums. Supplement to Title 24 US Code. Decriminalizing Corrections and Poverty in the District of Columbia. Cinco de Mayo release 5-5-5. President Senator Arlen Specter appointed 10 June 2005. 4 July 2005. Pgs. 1-33