(a) Establishment. -- There is established as an independent agency of the District of Columbia a District of Columbia Truth in Sentencing Commission (hereafter in this chapter referred to as "the Commission"), which shall consist of 7 voting members. The Attorney General, or the Attorney General's designee, shall be the chairperson of the Commission and shall have the duty to convene meetings of the Commission to ensure that it fulfills its responsibilities under this Act. The members shall serve for the life of the Commission and shall be subject to removal only for neglect of duty, malfeasance in office, or other good cause shown.
(b) Membership. -- The members of the Commission shall have knowledge and responsibility with respect to criminal justice matters. Two members of the Commission shall be judges of the Superior Court of the District of Columbia, and shall be appointed by the chief judge of that court; one member shall be a representative of the District of Columbia Council and shall be appointed by the chairperson or chairperson pro temp of the Council; one member shall be a representative of the executive branch of the District of Columbia government with official responsibilities for criminal justice matters in the District of Columbia and shall be appointed by the Mayor of the District of Columbia; one member shall be a representative of the District of Columbia Public Defender Service and shall be appointed by the Director of such Service; and one member shall be a representative of the United States Attorney for the District of Columbia and shall be appointed by the United States Attorney. A representative of the Federal Bureau of Prisons and a representative of the office of Corporation Counsel of the District of Columbia shall each serve as a nonvoting, ex officio member.
(c) Vacancy. -- Any vacancy in the Commission shall be filled in the same manner as the original appointment. Members of the Commission shall receive no compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code.
(Aug. 5, 1997, 111 Stat. 740, Pub. L. 105-33, § 11211.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-1211.
References in Text
"This Act," referred to in (a), is the National Capital Revitalization and Self-Government Improvement Act of 1997, title XI of Pub. L. 105-33, 111 Stat. 712.
(a) Recommendations. -- The Commission shall, within 180 days after August 5, 1997, make recommendations to the District of Columbia Council for amendments to the District of Columbia Official Code with respect to the sentences to be imposed for all felonies committed on or after 3 years after August 5, 1997.
(b) Contents of recommendations. -- Such recommendations shall:
(1) As to all felonies described in subsection (h) of this section, meet the truth in sentencing standards of 20104(a)(1) of the Violent Crime Control and Law Enforcement Act of 1994;
(2) As to all felonies ensure that;
(A) An offender will have a sentence imposed that:
(i) Reflects the seriousness of the offense and the criminal history of the offender; and
(ii) Provides for just punishment, affords adequate deterrence to potential future criminal conduct of the offender and others, and provides the offender with needed educational or vocational training, medical care, and other correctional treatment;
(B) Good time shall be calculated pursuant to section 3624 of title 18, United States Code; and
(C) An adequate period of supervision will be imposed to follow release from the imprisonment.
(c) Death penalty. -- The Commission shall not have the power to recommend a sentence of death for any offense nor for any offense a term of imprisonment less than that prescribed by the D.C. Official Code as a mandatory minimum sentence.
(d) Other features of recommendations. -- The Commission shall ensure that its recommendations:
(1) Will be neutral as to the race, sex, marital status, ethnic origin, religious affiliation, national origin, creed, socioeconomic status, sexual orientation, and gender identity or expression (as defined in § 2- 1401.02(12A)) of offenders;
(2) Will include provisions designed to maximize the effectiveness of the drug court of the Superior Court of the District of Columbia; and
(3) Will be fully consistent with all other provisions of this act, including provisions relating to the administration of probation, parole, and supervised release for District of Columbia Official Code offenders.
(e) Vote; termination. -- The recommendations of the Commission required under subsections (a) through (d) of this section shall be adopted by a vote of not less than 6 of the members and when made shall be transmitted forthwith to the District of Columbia Council. The Commission shall cease to exist 90 days after the transmittal of recommendations to the Council or on the last date on which timely recommendations may be made if the Commission is unable to agree on such recommendations.
(f) Recommendations for implementation. -- In fulfilling its responsibilities, the Commission may adopt by a vote of not less than 6 of the members and transmit to the Superior Court of the District of Columbia recommended rules and principles for determining the sentence to be imposed, including:
(1) Whether to impose a sentence of probation, a term of imprisonment and/or a fine, and the amount or length thereof, and including intermediate sanctions in appropriate cases; and
(2) Whether multiple sentences of terms of imprisonment should run concurrently or consecutively.
(g) Powers. -- The Commission is authorized:
(1) To hold hearings and call witnesses that might assist the Commission in the exercise of its powers;
(2) To perform such other functions as may be necessary to carry out the purposes of this section; and
(3) Except as otherwise provided, to conduct business, exercise powers, and fulfill duties by the vote of a majority of the members present at any meeting.
(h) Felonies described. -- The felonies described in this subsection are violations of any of the following provisions of law:
(3) Section 22-722 (relating to obstruction of justice).
(4) Section 22-1101 (relating to cruelty to children).
(5) Section 22-801 (relating to first degree burglary).
(6) Section 22-2001 (relating to kidnapping).
(8) Section 22-2601 (relating to prison breach).
(9) Sec. 22-2603.
(10) Section 22-2801 (relating to robbery).
(11) Section 22-2803 (relating to carjacking).
(12) Chapter 45 of Title 22.
(13) The following provisions relating to sex offenses:
(A) Section 22-3002.
(B) Section 22-3003.
(C) Section 22-3004.
(D) Section 22-3005.
(E) Section 22-3008.
(F) Section 22-3009.
(G) Section 22-3010.
(H) Section 22-3013.
(I) Section 22-3014.
(J) Section 22-3015.
(K) Section 22-3016.
(L) Section 22-3018.
(M) Section 22-3020.
(14) Section 48-904.01 (relating to recidivist drug offenders), but only in the case of a second or subsequent violation.
(Aug. 5, 1997, 111 Stat. 741, Pub. L. 105-33, § 11212; June 25, 2008, D.C. Law 17-177, § 13, 55 DCR 3696.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-1212.
Effect of Amendments
D.C. Law 17-177, in subsec. (d)(1), substituted "sexual orientation, and gender identity or expression (as defined in § 2-1401.02(12A))" for "and sexual orientation".
Legislative History of Laws
Law 17-177, the "Prohibition of Discrimination on the Basis of Gender Identity and Expression Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-330, which was referred to the Committee on Workforce Development and Government Operations. The Bill was adopted on first and second readings on February 5, 2008, and March 4, 2008, respectively. Signed by the Mayor on March 19, 2008, it was assigned Act No. 17-329 and transmitted to both Houses of Congress for its review. D.C. Law 17-177 became effective on June 25, 2008.
References in Text
"This Act," referred to in this section, is the National Capital Revitalization and Self-Government Improvement Act of 1997, title XI of Pub. L. 105-33, 111 Stat. 712.
(a) Data for Attorney General. -- The Commission, the Superior Court of the District of Columbia, the District of Columbia Department of Corrections, and other agencies as necessary shall provide to the Attorney General such data as are requested in furtherance of this Act.
(b) Superior Court. -- The Superior Court of the District of Columbia, in connection with defendants sentenced in such Court, shall provide to the Commission and the Attorney General such data as are requested for planning, statistical analysis or projecting future prison population levels.
(Aug. 5, 1997, 111 Stat. 744, Pub. L. 105-33, § 11213.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-1213.
References in Text
"This Act," referred to in (a), is the National Capital Revitalization and Self-Government Improvement Act of 1997, title XI of Pub. L. 105-33, 111 Stat. 712.
If, within 270 days after August 5, 1997, the Council of the District of Columbia has failed to amend the District of Columbia Official Code to enact in whole the recommendations of the Commission under this chapter, or if the Commission fails to make such recommendations within the deadline established under such section, the Attorney General (after consultation with the Commission) shall promulgate within 90 days amendments to the District of Columbia Official Code with respect to the sentences to be imposed for all offenses committed on or after 3 years after August 5, 1997. Such amendments shall be consistent with the standards of subsections (a) through (d) of § 24-112. Such amendments shall take effect 30 days after the Attorney General transmits the recommendations to Congress.
(Aug. 5, 1997, 111 Stat. 744, Pub. L. 105-33, § 11214.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-1214.
