§ 22-2603.01 — Definitions.

District of Columbia § 22-2603.01

• Jurisdiction: District of Columbia
• Title 22: Criminal Offenses and Penalties.
• Ch. 26: Prison Misconduct.
• Subch. III: Introduction of Contraband into Penal Institution.

Text

For the purposes of this subchapter, the term:

(1) “Cellular telephone or other portable communication device and accessories thereto” means any device carried, worn, or stored that is designed, intended, or readily converted to create, receive or transmit oral or written messages or visual images, access or store data, or connect electronically to the Internet, or any other electronic device that enables communication in any form. The term “cellular telephone or other portable communication device and accessories thereto” includes portable 2-way pagers, hand-held radios, cellular telephones, Blackberry-type devices, personal digital assistants or PDAs, computers, cameras, and any components of these devices. The term “cellular telephone or other portable communication device and accessories thereto” also includes any new technology that is developed for communication purposes and includes accessories that enable or facilitate the use of the cellular telephone or other portable communication device.

(A) “Class A Contraband” means:

(i) Any item, the mere possession of which is unlawful under District of Columbia or federal law;

(ii) Any controlled substance listed or described in Unit A of Chapter 9 of Title 48 [ § 48-901.01 et seq.] or any controlled substance scheduled by the Mayor pursuant to § 48-902.01 ;

(iii) Any dangerous weapon or object which is capable of such use as may endanger the safety or security of a penal institution or secure juvenile residential facility or any person therein, including,:

(I) A firearm or imitation firearm, or any component of a firearm;

(II) Ammunition or ammunition clip;

(III) A stun gun, as defined in § 7-2501.01(17A) ;

(IV) Flammable liquid or explosive powder;

(V) A knife, screwdriver, ice pick, box cutter, needle, or any other object or tool that can be used for cutting, slicing, stabbing, or puncturing a person;

(VI) A shank or homemade knife; or

(VII) Tear gas, pepper spray, or other substance that can be used to cause temporary blindness or incapacitation;

(iv) Any object designed or intended to facilitate an escape;

(v) Handcuffs, security restraints, handcuff keys, or any other object designed or intended to lock, unlock, or release handcuffs or security restraints;

(vi) A hacksaw, hacksaw blade, wire cutter, file, or any other object or tool that can be used to cut through metal, concrete, or plastic;

(vii) Rope; or

(viii) When possessed by, given to, or intended to be given to an inmate or securely detained juvenile, a correctional officer’s uniform, law enforcement officer’s uniform, medical staff clothing, any other uniform, or civilian clothing.

(B) The term “Class A contraband” does not include any object or substance which a person is authorized to possess in the penal institution or secure juvenile residential facility by the director of the penal institution or secure juvenile residential facility and that is in the form or quantity for which it was authorized.

(A) “Class B Contraband” means:

(i) Any alcoholic liquor or beverage;

(ii) A hypodermic needle or syringe or other item that can be used for the administration of unlawful controlled substances; or

(iii) A cellular telephone or other portable communication device and accessories thereto.

(B) The term “Class B contraband” does not include any object or substance which a person is authorized to possess in the penal institution or secure juvenile residential facility by the director of the penal institution or secure juvenile residential facility and that is in the form or quantity for which it was authorized.

(A) “Class C Contraband” means any article or thing which a person confined in a penal institution or secure juvenile residential facility is prohibited from obtaining or possessing by rule. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ § 2-501 et seq.], shall promulgate by rulemaking the articles or things that are Class C contraband. The rules shall be posted in the facility to give notice of the prohibited articles or things.

(B) The term “Class C contraband” does not include any object or substance which a person is authorized to possess in the penal institution or secure juvenile residential facility by the director of the penal institution or secure juvenile residential facility and that is in the form or quantity for which it was authorized.

(5) “Grounds” means the area of land occupied by the penal institution or secure juvenile residential facility and its yard and outbuildings, with a clearly identified perimeter.

(6) “Penal institution” means any penitentiary, prison, jail, or secure facility owned, operated, or under the control of the Department of Corrections, whether located within the District of Columbia or elsewhere.

(7) “Secure juvenile residential facility” means a locked residential facility providing custody, supervision, and care for one or more juveniles that is owned, operated, or under the control of the Department of Youth Rehabilitation Services, excluding residential treatment facilities and accredited hospitals.

Legislative History

Dec. 15, 1941, 55 Stat. 800, ch. 572, § 1; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 572, Pub. L. 91-358, title I, § 155(c)(30); redesignated § 2, Dec. 10, 2009, D.C. Law 18-88, § 210, 56 DCR 7413; Nov. 6, 2010, D.C. Law 18-259, § 5, 57 DCR 5591; June 3, 2011, D.C. Law 18-377, § 10(a), 58 DCR 1174