63 Stat. 954. 5 USC 1071 note. 60 Stat. 810. 80 STAT. 1517 80 STAT. 1518 by the Commission without regard to the Classification Act of 1949, as amended. (b) The Director shall serve as the Commission's reporter, and, subject to the direction of the Commission, shall supervise the activities of persons employed under the Commission, the preparation of reports, and shall perform such other duties as may be assigned him within the scope of the functions of the Commission. (c) Within the limits of funds appropriated for such purpose, individuals may be employed by the Commission for service with the Commission staff without regard to civil service laws and the Classification Act of 1949. (d) The Chairman of the Commission is authorized to procure services to the same extent as is authorized for departments by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $75 per diem for individuals. ESTABLISHMENT OF THE ADVISORY COMMITTEE SEC. 6. (a) There is hereby established a committee of fifteen members to be known as the Advisory Committee on Reform of Federal Criminal Laws (hereinafter referred to as the "Advisory Committee”), to advise and consult with the Commission. The Advisory Committee shall be appointed by the Commission and shall include lawyers, United States attorneys, and other persons competent to provide advice for the Commission. (b) Members of the Advisory Committee shall not be deemed to be officers or employees of the United States by virtue of such service and shall receive no compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them by virtue of such service to the Commission. GOVERNMENT AGENCY COOPERATION SEC. 7. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance it deems necessary to carry out its functions under this Act; and each such department, agency, and instrumentality is authorized to cooperate with the Commission and, to the extent permitted by law, to furnish such information and assistance to the Commission upon request made by the Chairman or any other member when acting as Chairman. REPORT OF THE COMMISSION; TERMINATION SEC. 8. The Commission shall submit interim reports to the President and the Congress at such times as the Commission may deem appropriate, and in any event within two years after the date of this Act, and shall submit its final report within three years after the date of this Act. The Commission shall cease to exist sixty days after the date of the submission of its final report. ADMINISTRATIVE SERVICES SEC. 9. The General Services Administration shall provide administrative services for the Commission on a reimbursable basis. AUTHORIZATION OF APPROPRIATIONS 80 STAT. 1518 SEC. 10. There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amounts, not to exceed a total of $500,000, as may be necessary to carry out the provisions of this Act. Approved November 8, 1966. LEGISLATIVE HISTORY: HOUSE REPORT No. 1891 (Comm. on the Judiciary). Sept. 6: Considered and passed House, 89th Congress, S. 1319 An Act To authorize a work release program for persons sentenced by the courts of the District of Columbia; to define the powers and duties in relation thereto, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may D.C. Work Rebe cited as the "District of Columbia Work Release Act". lease Act. SEC. 2. There is hereby authorized to be established in the District of Columbia a work release program under which any person who is (1) convicted of a misdemeanor or of violating a municipal regulation or an Act of Congress in the nature of a municipal regulation, and is sentenced to serve in a penal institution a term of one year or less, (2) imprisoned for nonpayment of a fine, or for contempt of court, or (3) committed to jail after revocation of probation pursuant to section 16-2350, District of Columbia Code, may, whenever the judge of the sentencing court is satisfied that the ends of justice and the best interests of society as well as of such person would be subserved thereby, be granted the privilege of a work release for the purpose of working at his employment or seeking employment. Such a work release privilege may also be granted, in the discretion of the sentencing court, whenever there exist such special circumstances as merit the granting of the privilege. As used in this Act, the word "sentence" and its "Sentence." derivatives shall be construed to include sentencing, imprisonment, and commitment as referred to in this section. SEC. 3. At the time of imposition of sentence, or at any time subsequent thereto, the probation officers of the courts or the Director, Department of Corrections of the District of Columbia, may recommend to, or the person sentenced may request, the sentencing court that such person be granted the privilege of a work release. No person shall be given work release privileges except by order of the sentencing court. Granting of work release privilege. SEC. 4. The sentencing court shall provide in its original order of Terms. commitment or in a modification thereof the terms and conditions under which a person granted work release privileges may be released from actual custody during the time necessary to proceed to his place of employment or other authorized places, perform specified activities, and return to a place of confinement designated by the Director, Department of Corrections. SEC. 5. The Commissioners of the District of Columbia are author- Regulations. ized to promulgate from time to time such rules and regulations as they deem necessary for the administration by the Department of Corrections of the work release program. Subject to the terms and conditions prescribed in the order of the sentencing court, the Commissioners are authorized to prepare an individual plan to meet the specific needs of each prisoner granted the privilege of a work release. SEC. 6. (a) The Director, Department of Corrections, may suspend the work release privilege of a prisoner for not to exceed five successive days for any breach of discipline or infraction of institution regulations. The court may revoke the work release privilege at any time, either upon its own motion or upon recommendation of the Director, Department of Corrections. Temporary sus pension or revocation. 80 STAT. 1519 80 STAT. 1520 (b) Any prisoner who willfully fails to return at the time and to the Penalty. place of confinement designated in his work release plan shall be fined not more than $300 or imprisoned not more than ninety days, or both, such sentence of imprisonment to run consecutively with the remainder of previously imposed sentences. All prosecutions for violation of Collection of wages. Support payments. 54 Stat. 244. this subsection shall be in the District of Columbia Court of General Sessions upon information filed by the Corporation Counsel of the District of Columbia or any of his assistants. SEC. 7. The Commissioners are authorized to include in individual work release plans provisions for the collection of the wages, salary, earnings, and other income of each gainfully employed prisoner when paid, or require that the same be surrendered when received, less payroll deductions required or authorized by law, and to deposit the amount so received in a trust fund account in the Treasury of the United States. Such wages, salary, or earnings in the hands of either the employer or the Commissioners during such prisoner's terms shall not be subject to garnishment or attachment. The Commissioners are further authorized in individual work release plans to provide for disbursements from the trust fund account established under this section for any or all of the following purposes: (a) the payment of an amount not to exceed the lesser of 20 per centum of the prisoner's earnings, or $4 per day, as the cost of his room and board; (b) necessary travel expenses to and from work or other business and incidental expenses of the prisoner; (c) support of the prisoner's dependents, if any; (d) support of minor children pursuant to court order; (e) payment of court fines or forfeitures; or (f) payment, either in full or ratably, of the prisoner's debts which have been acknowledged by him in writing or have been reduced to judgment. The balance of such earnings, if any there be after payments therefrom for the foregoing purposes, shall be paid to the prisoner upon the completion of the period during which he is subject to confinement. SEC. 8. Payments for support pursuant to section 7 of this Act shall be made through the clerks of the respective courts. In cases where there is no outstanding court order of support or judgment against the prisoner, the Director, Department of Public Welfare, or his designated agent, shall, after investigation, report to the Commissioners the amounts deemed necessary for support of the prisoner's dependents. SEC. 9. The Attorney General of the United States may, in order to carry out the purposes of this Act, designate the Commissioners as his authorized representative to perform the functions vested in him by section 11 of the Act entitled “An Act to establish a Board of Indeterminate Sentence and Parole for the District of Columbia and to determine its functions, and for other purposes", approved July 15, 1932, as amended (D.C. Code, 1961 edition, sec. 24 425). SEC. 10. (a) As used in this Act the term "Commissioners" means the Board of Commissioners of the District of Columbia or its desig nated agents. (b) Nothing in this Act shall be construed so as to affect the authority vested in the Commissioners by Reorganization Plan Numbered 5 D.C. Code lapp. of 1952 (66 Stat. 824). The performance of any function vested by this Act in the Commissioners or in any office or agency under the jurisdiction and control of said Commissioners may be performed by the Commissioners or may be delegated by said Commissioners in accordance with section 3 of such plan. 57 Stat. 114. 80 STAT. 1520 80 STAT. 1521 SEC. 11. Section 9 of the District of Columbia Unemployment Compensation Act (D.C. Code, sec. 46-309) is amended (1) by striking out the period at the end of clause (e) and inserting in lieu thereof a semicolon, and (2) by adding after clause (e) the following new clause: "(f) that he is not a prisoner in a District of Columbia correctional or penal institution who was employed in the free community under authority of the District of Columbia Work Release Act, or that he has not made a claim for benefits with respect to a week during which he was a prisoner in a District of Columbia SEC. 12. Except when employed and paid by the District of Columbia for the performance of work for the District of Columbia government, no prisoner employed in the free community under the provisions of this Act shall, while working in such employment in the free community or going to or from such employment, be deemed to be an agent, employee, or servant of the District of Columbia government. 80 STAT. 1521 SEC. 13. This Act shall take effect on the first day of the first month Effective date. which follows its approval by at least ninety days. Approved November 10, 1966. LEG IS LATIVE HISTORY: HOUSE REPORT No. 2250 (Comm. on the District of Columbia). CONGRESSIONAL RECORD: Vol. 111 (1965): May 11; considered and passed Senate. Oct. 13, considered and passed House, amended. Oct. 20, Senate concurred in House |