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Chairman
Linda Cropp Councilmember Harold Brazil
A BILL IN THE COUNCIL OF THE DISTRICT OF
COLUMBIA
Councilmember Harold Brazil introduced the
following bill, which was referred to the Committee on the Judiciary.
To amend section 16-710 of the District of
Columbia Code to authorize the court to order a probationer to be placed in custody for
brief periods as a condition of probation; to amend An Act To establish a code of law for
the District of Columbia to delete the reference to a maximum sentence for armed
carjacking; to amend An Act To control the possession, sale, transfer, and use of pistols
and other dangerous weapons in the District of Columbia, to provide penalties, to
prescribe rules of evidence, and for other purposes to make carjacking a crime of
violence; to amend An Act To Establish a Board of Indeterminate Sentence and Parole for
the District of Columbia and to determine its functions, and for other purposes to require
the court to impose a period of supervised release to follow release from imprisonment or
commitment, to require the court to impose a determinate sentence for all offenses
committed on or after August 5, 2000, to mandate that persons convicted of felonies serve
at least 85% of imposed sentences, to abolish parole for all offenses, and to apply the
federal good time credit provisions to all felonies; to amend the Youth Rehabilitation
Amendment Act of 1985 to eliminate its segregation requirement, to eliminate parole for
youth offenders, and to make other amendments consistent with the National Capital
Revitalization and Self-Government Improvement Act of 1997.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT
OF COLUMBIA, That this act may be cited as the "Sentencing Reform Amendment Act of
2000".
Sec. 2. Section 16-710 of the District of
Columbia Code is amended by adding a new subsection (b-1) to read as follows:
"(b-1) After August 5, 2000, as a
condition of probation the court may order that the defendant remain in custody or in a
community correctional center during nights, weekends, or other intervals totaling not
more than one year during the term of probation.".
Sec. 3. Section 811 a(b)(2) of An Act To
establish a code of law for the District of Columbia, effective May 8, 1993 (D.C. Law
9-270; D.C. Code § 22-2903 (b)(2)), is amended by striking the phrase "and a maximum
term of not more than 45 years".
Sec. 4. Section 1 of An Act To control the
possession, sale, transfer, and use of pistols and other dangerous weapons in the District
of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes,
approved July 8, 1932 (47 Stat. 650; D.C. Code § 22-3201(f)), is amended by adding the
phrase "carjacking," after the phrase "robbery,".
Sec. 5. An Act To Establish a Board of
Indeterminate Sentence and Parole for the District of Columbia and to determine its
functions, and for other purposes, approved July 15, 1932 (47 Stat. 697; D.C. Code §
24-203 passim) is amended as follows:
(a) Section 3a (D.C. Code § 24-203.1) is
amended as follows:
(1) Subsection (b) is amended to read as
follows:
"(b)(1) After August 5, 2000, if an
offender is sentenced under this section to imprisonment or to commitment pursuant to
section 4 of the Youth Rehabilitation Amendment Act of 1985, effective December 7, 1985
(D.C. Law 6-69; D.C. Code § 24-803), 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 1 year, the court shall impose a term of supervised release of:
"(A) 5 years, if the maximum term of
imprisonment authorized for the offense is 25 years or more; or
"(B) 3 years, if the maximum term of
imprisonment authorized for the offense is more than 1 year, but less than 25 years.
"(3) If the court imposes a sentence of 1
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 1 year, but less than
25 years.
"(4) In the case of a person sentenced
for an offense for which registration is required by the Sex Offender Registration Act of
1999, signed by the Mayor on January 10, 2000 (D.C. Act 13-248; 47 DCR 797), the court
may, in its discretion, impose a longer term of supervised release than authorized under
paragraph (b)(2) or (b)(3) of this section, 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 paragraphs (d) through (i)
of section 3583 of title 18 of the United States Code, 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 subsection (e)(2) of section 3583 of title 18 of the United States Code 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;
"(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;
"(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.".
(2) A new subsection (b-1) is added to read as
follows:
"(b-1) In imposing sentence of
imprisonment or commitment on a person convicted in the District of Columbia of a felony,
the court shall impose a sentence that includes a term of imprisonment or commitment and a
term of supervised release pursuant to subsection (b) of this section. If the maximum term
of imprisonment authorized for the 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 paragraph (b)(7). If the maximum term of
imprisonment authorized for the offense is life imprisonment, the term of imprisonment or
commitment imposed by the court shall not exceed 60 years for first degree murder, 40
years for second degree murder, and 30 years for any other offense less, in each case, the
maximum term of imprisonment authorized upon revocation of supervised release pursuant to
paragraph (b)(7) of this section.".
(3) The first sentence of subsection (c) (D.C.
Code § 24-203.1(c)) is amended by striking the phrase "In the case of a felony
described in section 11212(h) of the National Capital Revitalization and Self-Government
Improvement Act of 1997, approved August 5, 1997 (111 Stat. 712; D.C. Code § 24-1212(h)),
a" and inserting the word "A" in its place.
(b) Section 9 (D.C. Code § 24-208) is amended
by adding new subsection (a-1) to read as follows:
"(a-1) Notwithstanding any other
provision of law, subsection (a) shall not apply to any offense committed on or after
August 5, 2000.".
Sec. 6. The Youth Rehabilitation Amendment Act
of 1985, effective December 7, 1985 (D.C. Law 6-69; D.C. Code § 24-801 et seq.), is
amended as follows:
(a) Section 2(1) (D.C. Code § 24-801(1) is
amended by striking the phrase "for treatment in the District of Columbia".
(b) Section 3 (D.C. Code § 24-802) is amended
to read as follows:
"(a) The Mayor shall provide facilities
and personnel for the treatment and rehabilitation of youth offenders convicted of
misdemeanor offenses under District of Columbia law and sentenced according to this
chapter.
"(b)(1) The Mayor shall periodically set
aside and adapt facilities for the treatment, care, education, vocational training,
rehabilitation, segregation, and protection of youth offenders convicted of misdemeanor
offenses.
"(2) In so far as practical, these
institutions maintained by the District of Columbia shall treat committed youth offenders
convicted of misdemeanor offenses only, and the youth offenders shall be segregated from
other offenders, and classes of committed youth offenders shall be segregated according to
their needs for treatment.
"(c) The Federal Bureau of Prisons is
authorized to provide for the custody, care, subsistence, education, treatment, and
training of youth offenders convicted of felony offenses and sentenced to
commitment.".
(c) Section 5 (D.C. Code § 24-804) is amended
by adding new subsection (c) to read as follows:
"(c) Notwithstanding any other provision
of law, subsections (a) and (b) shall not apply to a youth offender convicted of any
offense committed on or after August 5, 2000.".
(d) Section 6 (D.C. Code § 24-805) is amended
by adding a new subsection (c) to read as follows:
"(c) Notwithstanding any other provision
of law, subsections (a) and (b) shall not apply to a youth offender convicted of any
offense committed on or after August 5, 2000.".
(e) Section 7 (D.C. Code § 24-806) is amended
to read as follows:
"(a) Upon unconditional discharge of a
committed youth offender before the expiration of the sentence imposed, the United States
Parole Commission is authorized to set aside the conviction automatically.
"(b) If the sentence of a committed youth
offender expires before unconditional discharge, the United States Parole Commission is
authorized to set aside the conviction.
"(b-1) Where a youth offender is
sentenced to commitment and a term of supervised release for a felony committed on or
after August 5, 2000, the United States Parole Commission is authorized to unconditionally
discharge the youth offender from supervised release before the end of the term of
supervised release previously fixed by the court, or before the end of any extended term
of supervised release ordered by the court pursuant to subparagraph (a)(6)(B) of section 5
of this act. The discharge shall automatically set aside the conviction.
"(c) In any case in which the United
States Parole Commission sets aside the conviction of a committed youth offender, the
Parole Commission shall issue to the youth offender a certificate to that effect.
"(d) Where a youth offender has been
placed on probation by the court, the court may, in its discretion, unconditionally
discharge the youth offender from probation before the end of the maximum period of
probation previously fixed by the court. The discharge shall automatically set aside the
conviction, and the court shall issue to the youth offender a certificate to that
effect."
(e) Section 8 (D.C. Code § 24-807) is amended
by striking the phrase ", including the division of responsibility between the
District of Columbia Board of Parole and the District of Columbia Department of
Corrections".
Sec. 7. The Council adopts the fiscal impact
statement in the committee report as the fiscal impact statement required by section
602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
813; D.C. Code § 1-233(c)(3)).
Sec. 8. This act shall apply to offenses
committed on or after August 5, 2000.
Sec. 9. This act shall take effect following
approval by the Mayor (or in the event of veto by the Mayor, action by the Council to
override the veto), approval by the Financial Responsibility and Management Assistance
Authority as provided in section 203(a) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat.
116; D.C. Code §47-392.3(a)), a 60-day period of Congressional review as provided in
section 602(c)(2) of the District of Columbia Home Rule Act, approved December 24, 1973
(87 Stat. 813; D.C. Code § 1-233(c)(2)), and publication in the District of Columbia
Register. |
