H. R. 2015—491
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 mat-
ters. Two members of the Commission shall be judges of the Supe-
rior Court of the District of Columbia, and shall be appointed
by the chief judge of that court; one member shall be a representa-
tive 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 non-voting, 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.
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.
H. R. 2015—492
(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, socio-
economic 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 Commis-
sion required under subsections (a)–(d) shall be adopted by a vote
of not less than 6 of the members and when made shall be transmit-
ted forthwith to the District of Columbia Council The Commission
shall cease to exist 90 days after the transmittal of recommenda-
tions to the Council or on the last date on which timely rec-
ommendations 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, exer-
cise 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 sub-
section 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).
H. R. 2015—493
(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 bur-
glary).
(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 man-
slaughter:
(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).
H. R. 2015—494
(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 Con-
trolled 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.
SEC. 11213. DATA COLLECTION.
(a) DATA FOR ATTORNEY GENERAL.—The Commission, the Supe-
rior 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.
SEC. 11214. ENACTMENT OF AMENDMENTS TO DISTRICT OF COLUMBIA
CODE.
If, within 270 days after the date of the enactment of this
Act, the Council of the District of Columbia has failed to amend
the District of Columbia Code to enact in whole the recommenda-
tions 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
H. R. 2015—495
to the District of Columbia Code with respect to the sentences
to be imposed for all offenses committed on or after 3 years after
the date of the enactment of this Act. Such amendments shall
be consistent with the standards of subsections (a) through (d)
of section 11212. Such amendments shall take effect 30 days after
the Attorney General transmits the recommendations to Congress.
CHAPTER 3—OFFENDER SUPERVISION AND PAROLE
SEC. 11231. PAROLE.
(a) PAROLING JURISDICTION.—
(1) JURISDICTION OF PAROLE COMMISSION TO GRANT OR DENY
PAROLE AND TO IMPOSE CONDITIONS.—Not later than one year
after date of the enactment of this Act, the United States
Parole Commission shall assume the jurisdiction and authority
of the Board of Parole of the District of Columbia to grant
and deny parole, and to impose conditions upon an order of
parole, in the case of any imprisoned felon who is eligible
for parole or reparole under the District of Columbia Code.
The Parole Commission shall have exclusive authority to amend
or supplement any regulation interpreting or implementing
the parole laws of the District of Columbia with respect to
felons, provided that the Commission adheres to the rulemaking
procedures set forth in section 4218 of title 18, United States
Code.
(2) JURISDICTION OF PAROLE COMMISSION TO REVOKE PAROLE
OR MODIFY CONDITIONS.—On the date in which the District
of Columbia Offender Supervision, Defender, and Courts Serv-
ices Agency is established under section 11233, the United
States Parole Commission shall assume any remaining powers,
duties, and jurisdiction of the Board of Parole of the District
of Columbia, including jurisdiction to revoke parole and to
modify the conditions of parole, with respect to felons.
(3) JURISDICTION
OF
SUPERIOR
COURT.—On the date on
which the District of Columbia Offender Supervision, Defender,
and Courts Services Agency is established under section 11233,
the Superior Court of the District of Columbia shall assume
the jurisdiction and authority of the Board of Parole of the
District of Columbia to grant, deny, and revoke parole, and
to impose and modify conditions of parole, with respect to
misdemeanants.
(b) ABOLITION
OF
THE BOARD
OF PAROLE.—On the date on
which the District of Columbia Offender Supervision, Defender,
and Courts Services Agency is established under section 11233,
the Board of Parole established in the District of Columbia Board
of Parole Amendment Act of 1987 shall be abolished.
(c) RULEMAKING AND LEGISLATIVE RESPONSIBILITY FOR PAROLE
MATTERS.—The Parole Commission shall exercise the authority
vested in it by this section pursuant to the parole laws and regula-
tions of the District of Columbia, except that the Council of the
District of Columbia and the Board of Parole of the District of
Columbia may not revise any such laws or regulations (as in effect
on the date of the enactment of this Act) without the concurrence
of the Attorney General.
(d) INCREASE IN THE AUTHORIZED NUMBER OF UNITED STATES
PAROLE COMMISSIONERS.—Section 2(c) of the Parole Commission