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D.C. Code § 24-403.04 : CRIMINAL LAW AND PROCEDURE AND PRISONERS — PRISONERS AND THEIR TREATMENT — INDETERMINATE SENTENCES AND PAROLES — GENERAL PROVISIONS —403.04 - Motions for compassionate release for individuals convicted of felony offenses.
(a) Notwithstanding any other provision of law, the court shall modify a term of imprisonment imposed upon a defendant if it determines the defendant is not a danger to the safety of any other person or the community, pursuant to the factors to be considered in
18 U.S.C. §§ 3142(g) and
3553(a) and evidence of the defendant's rehabilitation while incarcerated, and:
(1) The defendant has a terminal illness, which means a disease or condition with an end-of-life trajectory;
(2) The defendant is 60 years of age or older and has served at least 20 years in prison; or
(3) Other extraordinary and compelling reasons warrant such a modification, including:
(A) A debilitating medical condition involving an incurable illness, or a debilitating injury from which the defendant will not recover;
(B) Elderly age, defined as a defendant who:
(i) Is 60 years of age or older;
(ii) Has served the lesser of 15 years or 75% of the defendant's sentence; and
(iii) Suffers from a chronic or serious medical condition related to the aging process or that causes an acute vulnerability to severe medical complications or death as a result of COVID-19;
(C) Death or incapacitation of the family member caregiver of the defendant's children; or
(D) Incapacitation of a spouse or a domestic partner when the defendant would be the only available caregiver for the spouse or domestic partner.
(b) Motions brought pursuant to this section may be brought by the United States Attorney's Office for the District of Columbia, the Bureau of Prisons, the United States Parole Commission, or the defendant.
(c) Although a hearing is not required, to provide for timely review of a motion made pursuant to this section and at the request of counsel for the defendant, the court may waive the appearance of a defendant currently held in the custody of the Bureau of Prisons.
(d) For the purposes of this section, the term "COVID-19" means the disease caused by the novel 2019 coronavirus SARS-CoV-2.
D.C. Code § 24-403.04
Added by D.C. Law 23-274,§ 1203, 68 DCR 004792, eff. 4/27/2021.
