§ 23-1323 — Detention of addict.

District of Columbia § 23-1323

• Jurisdiction: District of Columbia
• Title 23: Criminal Procedure. [Enacted title]
• Ch. 13: Bail Agency [Pretrial Services Agency] and Pretrial Detention.
• Subch. II: Release and Pretrial Detention.

Text

(a) Whenever it appears that a person charged with a crime of violence, as defined in section 23-1331(4), may be an addict, as defined in section 23-1331(5), the judicial officer may, upon motion of the United States attorney, order such person detained in custody for a period not to exceed three calendar days, under medical supervision, to determine whether the person is an addict.

(b) Upon or before the expiration of three calendar days, the person shall be brought before a judicial officer and the results of the determination shall be presented to such judicial officer. The judicial officer thereupon (1) shall treat the person in accordance with section 23-1321, or (2) upon motion of the United States attorney, may (A) hold a hearing pursuant to section 23-1322, or (B) hold a hearing pursuant to subsection (c) of this section.

(c) A person who is an addict may be ordered detained in custody under medical supervision if the judicial officer —

(1) holds a pretrial detention hearing in accordance with § 23-1322(d) ;

(2) finds that —

(A) there is clear and convincing evidence that the person is an addict;

(B) based on the factors set out in § 23-1322(e) , there is no condition or combination of conditions of release which will reasonably assure the safety of any other person or the community; and

(C) on the basis of information presented to the judicial officer by proffer or otherwise, there is a substantial probability that the person committed the offense for which he is present before the judicial officer; and

(3) issues an order of detention accompanied by written findings of fact and the reasons for its entry.

(d) The provisions of § 23-1322(h) shall apply to this section.

Legislative History

July 29, 1970, 84 Stat. 646, Pub. L. 91-358, title II, § 210(a); July 3, 1992, D.C. Law 9-125, § 4, 39 DCR 2134