(a) A private correctional officer may carry firearms provided by the private operator only in the following situations:
(1) While patrolling the perimeter grounds of the CTF or any other privately-operated prison facility;
(2) While transporting inmates assigned to the CTF or to any other privately-operated prison facility;
(3) While pursuing inmates assigned to the CTF or to any other privately-operated prison facility who have escaped from the custody of the Department of Corrections or the Federal Bureau of Prisons; and
(4) During a state of emergency as determined by the Department of Corrections or the Federal Bureau of Prisons.
(b) The use of either deadly force or non-deadly force by a private correctional officer employed by the private operator shall at all times be governed by Department of Corrections Order 5010.9, as such order may from time to time be amended or modified. Notwithstanding the provisions of § 22-4504, a private correctional officer shall have the right to possess and use firearms provided by, and in the course of employment with, the private operator; provided, that such carrying and use is in accordance with the policy established by the Department of Corrections, as set forth in Department Order 5011.1, as such order may from time to time be amended or modified. A private correctional officer shall be authorized to use such firearms only as a last resort, and then only in accordance with Department Order 5011.1.
(c) For the purposes of this section, the private operator shall be considered an organization authorized to register firearms pursuant to subchapter I of Unit A of Chapter 25 of Title 7.
(d) Each private correctional officer shall be trained in the use of force and the use of firearms, in accordance with procedures that have been reviewed by the Department of Corrections. No employee of the private operator shall be authorized to carry and use firearms until such employee has successfully completed a training program for correctional officers that has been approved by the Department of Corrections.
CREDIT(S)
(June 3, 1997, D.C. Law 11-276, § 3, 44 DCR 1416; May 28, 1999, D.C. Law 12-281, §§ 2(b), (c), 45 DCR 7991.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-495.2.
Temporary Amendments of Section
Section 2(b) of D.C. Law 12-164 added “or any other privately-operated prison facility” in (a)(1); added “or to any other privately-operated prison facility” in (a)(2) and (a)(3); added “or the Federal Bureau of Prisons” in (a)(3) and (a)(4); and, substituted “operator” for “contractor” in (c).
Section 4(b) of D.C. Law 12-164 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 2(b) of the Correctional Treatment Facility Emergency Amendment Act of 1998 (D.C. Act 12-315, March 31, 1998, 45 DCR 2126), § 2(b) of the Correctional Treatment Facility Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-388, June 29, 1998, 45 DCR 4625), and § 2(b) and (c) of the Correctional Treatment Facility Firearms Registration and Health Occupations Licensing Emergency Amendment Act of 1998 (D.C. Act 12-442, September 3, 1998, 45 DCR 6517).
Section 4 of D.C. Act 12-388 provides for the application of the act.
Legislative History of Laws
For legislative history of D.C. Law 11-276, see Historical and Statutory Notes following § 24-261.01.
For legislative history of D.C. Law 12-164, see Historical and Statutory Notes following § 24-261.01.
For legislative history of D.C. Law 12-281, see Historical and Statutory Notes following § 24-261.01.