§ 24–468. Medical and geriatric suspension of sentence.

(a)(1) Upon a motion by the Director of the Federal Bureau of Prisons, the court may suspend execution of the sentence of any person convicted under the District of Columbia Official Code of a felony or of a felony and a misdemeanor committed on or after August 5, 2000, and sentenced to a determinate term of imprisonment which is not subject to parole and, notwithstanding § 16-710(b), shall impose a period of probation to follow release equal to the period of incarceration that was suspended. A copy of the motion shall be served on the prosecutor and counsel for the inmate.

(2) Upon a motion by the Director of the Department of Corrections, the court may suspend execution of the sentence of any person convicted under the District of Columbia Official Code of a felony committed on or after August 5, 2000, who has not commenced serving that sentence at the Bureau of Prisons or a Bureau of Prisons’ contract facility, including the Department of Corrections, or of any person convicted under the District of Columbia Official Code of a misdemeanor committed on or after August 5, 2000, and, notwithstanding § 16-710(b), shall impose a period of probation to follow release equal to the period of incarceration that was suspended. A copy of the motion shall be served on the prosecutor and counsel for the inmate. This paragraph shall not apply to any person who is physically present in a Department of Corrections facility pursuant to a writ of habeas corpus, at the request of a prosecutor or defense attorney, or because of a parole or supervised release detainer.

(b)(1) The court may suspend execution of a sentence pursuant to subsection (a)(1) or (a)(2) of this section only if, after giving the prosecutor and counsel for the inmate notice and an opportunity to be heard, the court finds that:

(A) The inmate is permanently incapacitated or terminally ill because of a medical condition that was not known to the court at the time of sentencing, and the release of the inmate under supervision is not incompatible with public safety; or

(B) The inmate is 65 years or older and has a chronic infirmity, illness, or disease related to aging, and the release of the inmate under supervision is not incompatible with public safety.

(2) The court shall act expeditiously on any motion submitted by the Director of the Bureau of Prisons or the Director of the Department of Corrections. If the court receives a request directly from an inmate or a representative of an inmate, the court may refer the matter to the Federal Bureau of Prisons or the Department of Corrections, as the case may be, for a motion or a statement of reasons as to why a motion will not be filed.