(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.
(July 15, 1932, 47 Stat. 697, ch. 492, § 3d; as added Apr. 27, 2021, D.C. Law 23-274, § 1203(b), 68 DCR 001034.)
For temporary (90 days) creation of this section, see § 706(b) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
For temporary (90 days) creation of this section, see § 706(b)(2) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) creation of this section, see § 706(b)(2) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
For temporary (225 days) creation of this section, see § 706(b) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).
Structure District of Columbia Code
Title 24 - Prisoners and Their Treatment
Chapter 4 - Indeterminate Sentences and Paroles
Subchapter I - General Provisions
§ 24–401. Board of Indeterminate Sentence and Parole. [Repealed]
§ 24–401.01. Board of Parole — Creation; term of members. [Abolished]
§ 24–401.03. Rulemaking. [Abolished]
§ 24–401c. Application for reduction of sentence
§ 24–402. Employees of Board of Indeterminate Sentence and Parole. [Repealed]
§ 24–403. Indeterminate sentences; life sentences; minimum sentences
§ 24–403.01a. Good time credit for felony offenses committed before August 5, 2000
§ 24–403.02. Sentencing and good time credit for misdemeanors committed on or after August 5, 2000
§ 24–403.04. Motions for compassionate release for individuals convicted of felony offenses
§ 24–404. Authorization of parole; custody; discharge
§ 24–405. Arrest for violation of parole
§ 24–406. Hearing after arrest; confinement in non-District institution
§ 24–407. Repeal of inconsistent laws; savings provision