Sec. 11212. GENERAL DUTIES, POWERS, AND GOALS OF COMMISSION

1,509 words·~7 min read·/statute-compilations/comps-10833/sec-11212

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 11212 GENERAL DUTIES, POWERS, AND GOALS OF COMMISSION ###

(a)Recommendations The Commission shall, within 180 days after the enactment of this Act, make recommendations to the District of Columbia Council for amendments to the District of Columbia Code with respect to the sentences to be imposed for all felonies committed on or after 3 years after the date of enactment of this Act. ###

(b)Contents of Recommendations Such recommendations shall— ####

(1)as to all felonies described in paragraph (h), 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. 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, and sexual orientation 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 Code offenders. ###

(e)Vote; Termination The recommendations of the Commission required under subsections (a)–(d) 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: ####

(1)The following provisions relating to arson: #####

(A)Section 820 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22–401). #####

(B)Section 821 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22–402). ####

(2)The following provisions relating to felony assault: #####

(A)Section 803 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22-501). #####

(B)Section 804 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22-502). #####

(C)Section 805 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22-503). #####

(D)Section 806a of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22-504.1). #####

(E)Section 432 of the Revised Statutes, relating to the District of Columbia (DC Code, sec. 22-505). #####

(F)Section 807 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22-506). ####

(3)Section 502 of the District of Columbia Theft and White Collar Crimes Act of 1982 (DC Code, sec. 22–722) (relating to obstruction of justice). ####

(4)Section 3 of the Act of February 13, 1885 (chapter 58; 23 Stat. 303) (DC Code, sec. 22–901) (relating to cruelty to children). ####

(5)Section 823 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22–1801) (relating to first degree burglary). ####

(6)Section 812 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22–2101) (relating to kidnapping). ####

(7)The following provisions relating to murder and manslaughter: #####

(A)Section 798 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22-2401). #####

(B)Section 799 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22-2402). #####

(C)Section 800 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22-2403). #####

(D)Section 801 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22-2404). #####

(E)Section 802 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22-2405). #####

(F)Section 802a of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22-2406). ####

(8)Section 8 of the Act of July 15, 1932 (chapter 492; 47 Stat. 698) (DC Code, sec. 22–2601) (relating to prison breach). ####

(9)The Act entitled “An Act to prohibit the introduction of contraband into the District of Columbia penal institutions,” approved December 15, 1941 (DC Code, sec. 22–2603). ####

(10)Section 810 of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22–2901) (relating to robbery). ####

(11)Section 811a of the Act entitled “An Act to establish a code of law for the District of Columbia,” approved March 3, 1901 (DC Code, sec. 22–2903) (relating to carjacking). ####

(12)The Dangerous Weapons Act (DC Code, sec. 22-3201 et seq.). ####

(13)The following provisions relating to sex offenses: #####

(A)Section 201 of the Anti-Sexual Abuse Act of 1994 (DC Code, sec. 22–4102). #####

(B)Section 202 of the Anti-Sexual Abuse Act of 1994 (DC Code, sec. 22–4103). #####

(C)Section 203 of the Anti-Sexual Abuse Act of 1994 (DC Code, sec. 22–4104). #####

(D)Section 204 of the Anti-Sexual Abuse Act of 1994 (DC Code, sec. 22–4105). #####

(E)Section 207 of the Anti-Sexual Abuse Act of 1994 (DC Code, sec. 22–4108). #####

(F)Section 208 of the Anti-Sexual Abuse Act of 1994 (DC Code, sec. 22–4109). #####

(G)Section 209 of the Anti-Sexual Abuse Act of 1994 (DC Code, sec. 22–4110). #####

(H)Section 212 of the Anti-Sexual Abuse Act of 1994 (DC Code, sec. 22–4113). #####

(I)Section 213 of the Anti-Sexual Abuse Act of 1994 (DC Code, sec. 22–4114). #####

(J)Section 214 of the Anti-Sexual Abuse Act of 1994 (DC Code, sec. 22–4115). #####

(K)Section 215 of the Anti-Sexual Abuse Act of 1994 (DC Code, sec. 22–4116). #####

(L)Section 217 of the Anti-Sexual Abuse Act of 1994 (DC Code, sec. 22–4118). #####

(M)Section 219 of the Anti-Sexual Abuse Act of 1994 (DC Code, sec. 22–4120). ####

(14)Section 401 of the District of Columbia Uniform Controlled Substances Act of 1981 (D.C. Code, sec. 33-541) (relating to recidivist drug offenders), but only in the case of a second or subsequent violation.

Connections2 off-index

2 references not yet in our index

23 Stat. 303
47 Stat. 698

Citation graph

cites case law

Sec. 11212

GENERAL DUTIES, POWERS, AND GOALS OF COMMISSION

Stat.23 Stat. 303

Stat.47 Stat. 698

Cites 2Cited by 0 across 0 sources