Some provisions D.C. Council member Brooke Pinto (D-Ward 2) put forth on Monday are likely to provoke significant debate this fall.
D.C. Council member Brooke Pinto released a set of proposals Monday intended to shape the council’s response to a surge in crime across the city — including provisions to allow police to randomly search people charged with violent offenses who are on pretrial release, which drew immediate pushback from judges.
Without understanding the legal basis, “the proposed legislation appears to violate the Fourth Amendment’s prohibition on warrantless searches of individuals without probable cause,” D.C., Superior Court Chief Judge Anita Josey-Herring and Court of Appeals Chief Judge Anna Blackburne-Rigsby wrote in a letter to Pinto on Monday.D.C.
holding hearings on retail theft and problems at the Office of Unified Communications, which handles 911 calls — which she said she considered emergencies — and grilling the executive branch about its violence prevention efforts.One of Pinto’s proposals — the Government Recruitment and Retention Act — would seek to fill critical vacancies up and down the ranks of D.C. government that could be impacting public safety, such as at the 911 call center.
The ACTIVE Act also would create more hurdles for pretrial release in cases involving people charged with violent or dangerous offenses. For example, it would require judges to issue written explanations if they decide to release a person charged with a violent offense pretrial — something Josey-Herring and Blackburne-Rigsby objected to Monday, noting that judges are already overburdened. There are 11 judicial vacancies on D.C.’s Superior Court.
Patrice Sulton, executive director of the DC Justice Lab, echoed concerns raised by the pair of D.C. judges. She described the bill as intended to “hunt and hold people who look like they’ve been hunted and held before. In D.C., that’s exclusively Black people, poor people and native Washingtonians.”
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