§ 24-403.01. Sentencing, supervised release, and good time credit for felonies committed on or after August 5, 2000.
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Current through October 23, 2012
(a) For any felony committed on or after August 5, 2000, the court shall impose a sentence that:
(1) Reflects the seriousness of the offense and the criminal history of the offender;
(2) Provides for just punishment and affords adequate deterrence to potential criminal conduct of the offender and others; and
(3) Provides the offender with needed educational or vocational training, medical care, and other correctional treatment.
(b)(1) If an offender is sentenced to imprisonment, or to commitment pursuant to § 24-903, under this section, the court shall impose a period of supervision ("supervised release") to follow release from the imprisonment or commitment.
(2) If the court imposes a sentence of more than one year, the court shall impose a term of supervised release of:
(A) Five years, if the maximum term of imprisonment authorized for the offense is 25 years or more; or
(B) Three years, if the maximum term of imprisonment authorized for the offense is more than one year, but less than 25 years.
(3) If the court imposes a sentence of one year or less, the court shall impose a term of supervised release of:
(A) Not more than 5 years, if the maximum term of imprisonment authorized for the offense is 25 years or more; or
(B) Not more than 3 years, if the maximum term of imprisonment authorized for the offense is more than one year, but less than 25 years.
(4) In the case of a person sentenced for an offense for which registration is required by the Chapter 40 of Title 22, the court may, in its discretion, impose a longer term of supervised release than that required or authorized by paragraph (2) or (3) of this subsection, of:
(A) Not more than 10 years; or
(B) Not more than life if the person is required to register for life.
(5) The term of supervised release commences on the day the offender is released from imprisonment, and runs concurrently with any federal, state, or local term of probation, parole, or supervised release for another offense to which the offender is subject or becomes subject during the term of supervised release. A term of supervised release does not run during any period in which the offender is imprisoned in connection with a conviction for a federal, state, or local crime unless the period of imprisonment is less than 30 days.
(6) Offenders on supervised release shall be subject to the authority of the United States Parole Commission until completion of the term of supervised release. The Parole Commission shall have and exercise the same authority as is vested in the United States District Courts by 18 U.S.C. § 3583(d)-(i), except that:
(A) The procedures followed by the Parole Commission in exercising such authority shall be those set forth in chapter 311 of title 18 of the United States Code; and
(B) An extension of a term of supervised release under 18 U.S.C. § 3583(e)(2) may be ordered only by the court upon motion from the Parole Commission.
(7) An offender whose term of supervised release is revoked may be imprisoned for a period of:
(A) Not more than 5 years, if the maximum term of imprisonment authorized for the offense is life or the offense is specifically designated as a Class A felony;
(B) Not more than 3 years, if the maximum term of imprisonment authorized for the offense is 25 years or more, but less than life and the offense is not specifically designated as a Class A felony;
(C) Not more than 2 years, if the maximum term of imprisonment authorized for the offense is 5 years or more, but less than 25 years; or
(D) Not more than 1 year, if the maximum term of imprisonment authorized for the offense is less than 5 years.
(b-1) If the maximum term of imprisonment authorized for an offense is a term of years, the term of imprisonment or commitment imposed by the court shall not exceed the maximum term of imprisonment authorized for the offense less the maximum term of imprisonment authorized upon revocation of supervised release pursuant to subsection (b)(7) of this section. If the maximum term of imprisonment authorized for the offense is up to life or if an offense is specifically designated as a Class A felony, the maximum term of imprisonment authorized upon revocation of supervised release pursuant to subsection (b)(7) shall not be deducted from the maximum term of imprisonment or commitment authorized for such offense.
(b-2)(1) The court may impose a sentence in excess of 60 years for first degree murder or first degree murder while armed, 40 years for second degree murder or second degree murder while armed, or 30 years for armed carjacking, first degree sexual abuse, first degree sexual abuse while armed, first degree child sexual abuse or first degree child sexual abuse while armed, only if:
(A) Thirty-days prior to trial or the entry of a plea of guilty, the prosecutor files an indictment or information with the clerk of the court and a copy of such indictment or information is served on the person or counsel for the person, stating in writing one or more aggravating circumstances to be relied upon; and
(B) One or more aggravating circumstances exist beyond a reasonable doubt.
(2) Aggravating circumstances for first degree murder are set forth in § 22- 2104.01. Aggravating circumstances for first degree sexual abuse and first degree child sexual abuse are set forth in § 22-3020. In addition, for all offenses, aggravating circumstances include:
(A) The offense was committed because of the victim's race, color, religion, national origin, sexual orientation, or gender identity or expression (as defined in § 2-1401.02(12A);
(B) The offense was committed because the victim was or had been a witness in any criminal investigation or judicial proceeding or was capable of providing or had provided assistance in any criminal investigation or judicial proceeding;
(C) The offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody;
(D) The offense was especially heinous, atrocious, or cruel;
(E) The offense involved a drive-by or random shooting;
(F) The offense was committed after substantial planning;
(G) The victim was less than 12 years old or more than 60 years old or vulnerable because of mental or physical infirmity; or
(H) Except where death or serious bodily injury is an element of the offense, the victim sustained serious bodily injury as a result of the offense.
(3) This section does not limit the imposition of a maximum sentence of up to life imprisonment without possibility of release authorized by § 22-1804a; § 22-2104.01; § 22-2106; and § 22-3020.
(c) A sentence under this section of imprisonment, or of commitment pursuant to § 24-903, shall be for a definite term, which shall not exceed the maximum term allowed by law or be less than any minimum term required by law. A person sentenced under this section to imprisonment, or to commitment pursuant to § 24-903, for such a felony shall serve the term of imprisonment or commitment specified in the sentence, less any time credited toward service of the sentence under subsection (d) of this section.
(d) A person sentenced to imprisonment, or to commitment pursuant to § 24- 903, under this section may receive good time credit toward service of the sentence only as provided in 18 U.S.C. § 3624(b).
(d-1)(1) A person sentenced to imprisonment under this section for a nonviolent offense may receive up to a one-year reduction in the term the person must otherwise serve if the person successfully completes a substance abuse treatment program in accordance with 18 U.S.C. § 3621(e)(2).
(2) For the purposes of this subsection, the term "nonviolent offense" means any crime other than those included within the definition of "crime of violence" in § 23-1331(4).
(e) The sentence imposed under this section on a person convicted of assault with intent to commit first or second degree sexual abuse or child sexual abuse in violation of § 22-401, or of armed robbery in violation of § 22-4502, shall be not less than 2 years if the violation occurs after the person has been convicted in the District of Columbia or elsewhere of a crime of violence as defined in § 22-4501, providing for the control of dangerous weapons in the District of Columbia. The sentence imposed under this section on a person convicted of first or second degree sexual abuse or child sexual abuse in violation of § 22-3002, § 22-3003, or § 22-3008 through § 22-3010, shall not be less than 7 years if the violation occurs after the person has been convicted in the District of Columbia or elsewhere of a crime of violence, as so defined.
(f) The sentence imposed under this section shall not be less than 1 year for a person convicted of:
(1) Assault with a dangerous weapon on a police officer in violation of § 22-405, occurring after the person has been convicted of a violation of that section or of a felony, either in the District of Columbia or in another jurisdiction;
(2) Illegal possession of a pistol in violation of § 22-4503, occurring after the person has been convicted of violating that section; or
(3) Possession of the implements of a crime in violation of § 22-2501, occurring after the person has been convicted of a violation of that section or of a felony, either in the District of Columbia or in another jurisdiction.
(July 15, 1932, 47 Stat. 697, ch. 492, § 3a, as added Oct. 10, 1998, D.C. Law 12-165, § 2, 45 DCR 2980; June 8, 2001, D.C. Law 13-302, § 8(a), 47 DCR 7249; June 19, 2001, D.C. Law 13-313, § 21(c) 48 DCR 1873; May 24, 2005, D.C. Law 15-357, § 302, 52 DCR 1999; June 25, 2008, D.C. Law 17-177, § 14, 55 DCR 3696.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-203.1.
Effect of Amendments
D.C. Law 13-302, in subsec. (a), substituted "For" for "Notwithstanding any other provision of law, for"; rewrote subsec. (b) which had read:
"(b) If an offender is sentenced to imprisonment, or to commitment pursuant to § 24-903, under this section, the court shall impose an adequate period of supervision to follow release from the imprisonment or commitment."
; added subsecs. (b-1) and (b-2); and, in subsec. (c), in the first sentence, substituted "A" for "In the case of a felony described in § 24-112(h)", and, in the second sentence, deleted "for such a felony" preceding "shall serve the term".
D.C. Law 13-313, in subsec. (b-2)(1), substituted "first degree child sexual abuse or first degree child sexual abuse while armed" for "first degree child sexual abuse or first degree sexual abuse while armed".
D.C. Law 15-357 added subsec. (d-1).
D.C. Law 17-177, in subsec. (b-2)(2)(A), substituted "national origin, sexual orientation, or gender identity or expression (as defined in § 2-1401.02(12A))" for "national origin or sexual orientation".
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 8(a) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271). For temporary (90-day) addition of § 24-203.2 [1981 Ed.], see § 8(b) of the same Act.
For temporary (90 day) amendment of section, see § 8(a) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).
For temporary (90 day) amendment of section, see § 8(a) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).
For temporary (90 day) amendment of section, see § 8(a) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).
Legislative History of Laws
Law 12-165, the "Truth in Sentencing Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-523, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on March 17, 1998, and April 7, 1998, respectively. Signed by the Mayor on April 23, 1998, it was assigned Act No. 12-343 and transmitted to both Houses of Congress for its review. D.C. Law 12-165 became effective on October 10, 1998.
Law 13-302, the "Sentencing Reform Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-696, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 26, 2000, and July 11, 2000, respectively. Signed by the Mayor on August 2, 2000, it was assigned Act No. 13-406 and transmitted to both Houses of Congress for its review. D.C. Law 13-302 became effective on June 8, 2001.
Law 13-313, the "Technical Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-879, which was referred to the Committee on the Whole. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 19, 2001, it was assigned Act No. 13-574 and transmitted to both Houses of Congress for its review. D.C. Law 13-313 became effective on June 19, 2001.
Law 15-357, the "Omnibus Public Safety Ex-offender Self-sufficiency Reform Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-785, which was referred to the Committee on Judiciary. The Bill was adopted on first and second readings on November 9, 2004, and December 21, 2004, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-744 and transmitted to both Houses of Congress for its review. D.C. Law 15-357 became effective on May 24, 2005.
For Law 17-177, see notes following § 24-112.
