Hospitals Asylums
Mayor Anthony A. Williams, President Senator Arlen Specter
Decriminalizing Corrections and Poverty in Washington DC HA-5-5-5
An Act of the Council of the District of Columbia to schedule a settlement with the Ways and Means Committee in regards to social security over payment and deficit in benefits paid the oppressed and impoverished residents of Washington DC before July 4, 2005
Council Chairwoman Linda W. Cropp, Council Members Carol Schwartz, David Catania, Phil Mendelson, Kwame R. Brown, Jim Graham, Jack Evans, Kathleen Patterson, Adrian Fenty, Vincent Orange, Sharon Ambrose, Vincent C. Grey, Marion Barry, US Congresswoman Eleanor Norton, Social Security Commissioner Joanne Barnhart Congressman Bill Thomas Chairman of the Ways and Means Committee
Congressman Jim McCrery Chairman of the Subcommittee on Social Security
Art. 101 Incriminating Jail and Poverty Statistics
Art. 102 Constitutional Obligation to Reform
Art. 103 $ 1 Billion Annual Welfare Trust
Art. 104 Precedence of St. Elizabeth’s Hospital
Art. 105 Corrections Reform
Art. 106 Judiciary Square
Art. 107 District of Columbia Courts
Art. 108 District of Columbia Department of Corrections
Art. 109 Federal Bureau of Prisons
Art. 110 Corrections population of the District of Columbia 2002-2005
Art. 111 USA State by State Prison Brief 1999
Art. 112 National Census and Poverty Rates 2004
Art. 113 Accounting Interrogatory for the District (AID)
Art. 114 Certificate of Service
Art. 101 Incriminating Jail and Poverty Statistics
A. Washington DC is the capitol city of the United States of America. DC has the highest rate of poverty of any state in the nation and the highest rate of criminal detention of any state in the world. The district government defends under §24-105 of the District of Columbia Code to correct these failings of the Federal Bureau of Prisons and Social Security Administration in this “Act Decriminalizing Corrections in Washington DC and $500 million welfare settlement”.
B. In recognition of the human rights situation and in delegation of responsibility for peaceful co-operation between the local and federal governments in the capitol city of the United States of America the United Nations shall keep the peace pursuant to Art. 2(4), 55 of the UN Charter, Art. 36 of the Statute of the International Court of Justice, the Rome Statute of the International Criminal Court, the Universal Declaration of Human Rights 217 A (III) of 10 December 1948, International Covenant on Civil and Political Rights 999 U.N.T.S. 171, of Mar. 23, 1976, International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment A/39/51 (1984), Standard Minimum Rules for the Treatment of Prisoners A/CONF/611(1955), Basic Principles for the Treatment of Prisoners A/45/49 (1990), Body Principles for the Protection of all Persons under any Form of Detention or Imprisonment A/43/49 (1988), International Convention for the Suppression of the Financing of Terrorism (12/9/1999) the Declaration on Social Progress and Development 2542 (XXIV) 1969, International Covenant on Economic, Social and Cultural Rights, 2200A(XXI)(1966), and Hospitals & Asylums Chapters 3 Health and Welfare (HaW) and Chapter 6 Correction Conviction.
Whereas Washington DC is estimated to have had a population of 563,384 in 2003 and although the per capita income of $28,659 is relatively high as the result of high rates of pay offered to federal government employees a total of 113,800, 20.2% of the DC population, live below the poverty line HA-14-4-05.
Concerned that 20.2% of Washington DC residents living below the poverty line is the highest rate of poverty in the US the capitol city is the most inequitable “state” in the nation despite, or more likely because of, the presence of a large number of politicians.
Recognizing that DC residents contributed a total of $1.47billion towards Social Security retirement and disability insurance and received only an estimated $500 million annually in retirement and disability insurance for 87,000 beneficiaries during 2003.
Wherefore it is only fair that the Social Security Administration grant the city state another $500 million annually for administration to >20,000 people living below the poverty line without any assistance and to supplement unusually low benefit payments paid to retired and disabled residents of the District of Columbia.
Encouraging the IMF to supervise the management of the $1 billion annual welfare trust fund administration for the elimination of poverty and income equality in Washington DC that can be supplemented with private tax deductible donations.
Whereas Washington DC detains a total of 8,226 people, 6,573 in federal and state prison and 1,653 in local facilities for a ratio of an estimated 1,500 prisoners per 100,000 residents HA-30-6-99 the recommended prison population density per 100,000 of 250-500 for a town the size of DC is 1,500 – 2,500.
Conflictingly the District of Columbia Department of Corrections declares 3,300 inmates housed in local facilities and an undisclosed number of prisoners exported to federal prisons around the nation for more serious felony offenses. It can be assumed that 8,226 is a reasonable estimate of the total number of detainees from the District of Columbia.
Torturously the District jails have embarked upon a biological experiment forcibly banning smoking by the 3,300 inmates in the District jail driving smokers to have a psychotic episode at the exact time they must represent themselves intelligently at a trial to escape years in the federal prison where smoking is permitted wherefore to uphold civility, the smoking ban must be abolished.
Wherefore the release of an estimated 5,000 detainees from District and Federal jails is required for the District of Columbia to meet national and international minimal standard rules. Respectively 1,000 less “misdemeanor”, “involuntary treatment” and “lesser non career felony” should be detained from the DC Detention and Treatment Centers and an estimated 4,000 federal detainees released from the Federal Prisons. Prisoners should be released to their own self cognizance, half way houses, probation and parole in adequate numbers to reduce DC prison population to national norms of 1,500 – 2,500 for a town the size of DC.
Noting that the District has more than adequate jail space with 3,300 beds and a 20 year contract with the American Correctional Corporation the District shall be held responsible for the detention of all the prisoners of the District. Federal prisoners could be returned home to be near their families, if they want.
Prohibiting the District of Columbia Courts to use the federal penitentiary is an important first step to set an example for the federal judiciary to restrain criminal prosecution to the state courts and departments of corrections under the federal supervision of the Bureau of Prisons of all detention facilities in the USA. Respectively the District of Columbia jails would have responsibility for housing all serious offenders serving lengthy sentencing.
Sentencing of federal prisoners from the District of Columbia must be reviewed for the acquittal of cases of entrapment, false arrest, partially served mandatory minimum sentencing, borderline federal felony offenders who face less than 50 years in prison and are therefore eligible for probation and those well behaved prisoners who have satisfactorily served a portion of their sentence to be eligible for supervised release under Blakely v. Washington No. 02-1632 (2004) and USA v. Booker J. No. 04-104-105 (2005) that also mandates that Title 22 of the District of Columbia Code Subtitle I Criminal Offenses and Penalties be amended to eliminate mandatory minimum sentencing and adjust criminal sentencing down ward.
Releasing 4,000 prisoners from the federal penitentiary and accommodating many thousands of short term local refugees and any homeless people who might be safely sheltered until they either integrated into a local welfare program and/or moved out of town with federal disability insurance is estimated to cost $20,000,000 of District funds annually for Community corrections, halfway house and homeless shelter this Act yielding an estimated $96,000,000 in savings for the federal Bureau of Prisons that are billed under § 24-201.25 to the District of Columbia quarterly.
Welcoming litigants and legislators to submit cases regarding Washington DC by email to for publication in the Hospitals & Asylums (HA) legislation column thereby alleviating any need for a ''Federal court consent decree'' pursuant to Dixon v. Heckler, Civil Action No. 74-285 as Exxon Mobile Corp et al v. Saudi Basic Industries Corp No. No. 03-1696 (2005) grants cases from the capitol city original jurisdiction with the Supreme Court.
Hospitals & Asylums Statute successfully reduced the inpatient population at St. Elizabeth’s Hospital from over 7,000 to 600 today, in the late 1980’s and early 1990’s with the foundation of the integrated mental health system in 24USC(4)§225. Chapter 4 has been amended with a State Mental Institution Library Education (SMILE) by Hospitals & Asylums (HA) in August 2004.
Art. 102 Constitutional Obligations to Reform
A. Not only Washington DC residents, but all US citizens and representatives of the diplomatic community headquartered in DC, are entitled to major political reforms of the judiciary and welfare systems of their nation’s capitol. Diplomats, Federal, inter-American and District government representatives, lobbyists, agents of press, international bankers, judges and justices headquartered in Washington DC are called upon to prioritize reforms in the Washington DC criminal justice and welfare systems to protect themselves and their clients from political association with what is possibly the most persecuted society in any geographic region in the world. The federal government is clearly a danger to the life and liberty of the people living in the DC in contravention to the V, VIII and XIV Amendments to the US Constitution, that state,
V Amendment Clause 1 “No person shall be held to answer for a capita(o)l, or otherwise infamous crime…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”
VIII Amendment “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
XIV Amendment “…No State shall make or enforce any law which shall abridge the privileged or immunities of citizens of the United States; nor shall nay State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.”
B. To effectively utilize the principle of self-determination found in Art. 55 of the UN Charter the burden of legislation shall be delegated to the District of Columbia Council in accordance with SEC. [417] of the District of Columbia Omnibus Authorization Act, 2005 [2004] at 110 that states,
(a) Notwithstanding any other provision of this Act, the Mayor, in consultation with
the Chief Financial Officer of the District of Columbia may accept, obligate, and expend Federal, private, and other grants received by the District government that are not reflected in the amounts appropriated in this Act. The Chief Financial Officer of the District of Columbia may adjust the budget for Federal, private, and other grants received by the District government
(b) No such Federal, private, or other grant may be accepted, obligated, or expended pursuant to subsection (a) until--
(1) The Chief Financial Officer of the District of Columbia submits to the Council a report setting forth detailed information regarding such grant; and
(2) The Council has reviewed and approved the acceptance, obligation, and expenditure of such grant.
(3) The Chief Financial Officer of the District of Columbia shall prepare a quarterly report setting forth detailed information regarding all Federal, private, and other grants subject to this section. Each such report shall be submitted to the Council of the District of Columbia and to the (Committees on Appropriations and the Social Security Sub Committee of the Ways and Means Committee of the House of Representatives and Senate) not later than 15 days after the end of the quarter covered by the report - July 4, 2005
(C) The Economic and Social Council, Hospitals & Asylums, International Court of Justice and International Monetary Fund should be served with any written proceedings that occur under this Act between the federal and district legislatures to ensure that the literature is adequately reviewed and swiftly implemented under Art. 101 of the UN Charter to fulfill the international treaty obligation in Art. 36 of the Statute of the Court to uphold the principle of equal rights under Art. 55 of the UN Charter that promotes,
(1) higher standards of living, full employment, and conditions of economic and social progress and development, under the Declaration on Social Progress and Development 2542 (XXIV) 1969;
(2) solutions of international economic, social, health, and related problems; and international cultural and educational co-operation under the International Covenant on Economic, Social and Cultural Rights, 2200A(XXI)(1966) and
(3) universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion under the Universal Declaration of Human Rights 217 A (III) of 10 December 1948.
D. The History of the DC Code reports the District of Columbia was created and became a federal district in the year 1800 (1 Stat. L. 130 and 2 Stat. L. 103). The District of Columbia, as created by the 1st Congress, was composed of a portion of Virginia and a portion of Maryland, the same being 10 miles square as called for in Art. I Sec. 8 of the US Constitution in the year 1787. That portion of the District of Columbia which was ceded by the State of Maryland was known as the County of Washington, District of Columbia; that portion which was ceded by the State of Virginia was known as the County of Alexandria, District of Columbia. At first there was a city organized and laid out called the City of Washington, while the remaining portion of that part of Maryland which had been ceded was called the County of Washington. The Code of Laws for the District of Columbia, is prepared under the authority of the Act of Congress of April 29, 1816. Preface signed by W. Cranch, November 19, 1818. Washington, 1819, 575 pages. The Revised Code of the District of Columbia, prepared under the authority of the Act of Congress approved March 3, 1855. Preface signed by Robt. Ould and Wm. B. B. Cross, November, 1857. Washington, 1857, 699 pages.