In 1997, the United States Congress enacted the National Capital Revitalization and Self-Government Improvement Act of 1997 (the "Revitalization Act"). This legislation set the stage for major changes to the District's criminal justice system, including the closure of the Lorton Correctional Complex and the establishment of the District of Columbia Truth in Sentencing Commission (TIS). See Revitalization Act for a list of the mandates.
TIS was directed to make recommendations to the Council of the District of Columbia for amendments to the District of Columbia Code with respect to the sentences to be imposed for felonies committed on or after August 5, 2000. See Truth in Sentencing Commission for a complete history.
While the Revitalization Act and the Truth in Sentencing Amendment Act make changes that appear to be comprehensive, the TIS Commission recommended the creation of an entity within the District government to serve as an advisory body to assist the Council in resolving the outstanding issues that remained. See TIS Outstanding Issues.
The DC Council created an advisory body by enacting the Advisory Commission on Sentencing Establishment Act of 1998, effective October 16, 1998 (DC Law 12-167; DC Code § 2-4201 et seq.), and formally created the permanent DC Commission on Sentencing in 2004. The Council's legislative mandate to the commission is to make recommendations consistent with the Revitalization Act that would:
- Ensure that, for all felonies, the sentence imposed on an offender reflect the seriousness of the offense and the offender's criminal history; provide for just punishment; afford adequate deterrence to any offender; provide the offender with needed educational or vocational training, medical care and other correctional treatment
- Provide for the use of intermediate sanctions in appropriate cases
- Conduct an annual review of sentencing data, policies, and practices in the District of Columbia
- Make such other recommendations appropriate to enhance the fairness and effectiveness of criminal sentencing policies and practices in the District of Columbia
In 2004, the Council of the District of Columbia enacted legislation entitled the “Advisory Commission on Sentencing Structured Sentencing System Pilot Program Amendment Act of 2004,” which changed the name of the Advisory Commission on Sentencing to the District of Columbia Sentencing Commission. The Act also directed the Commission to assist the Superior Court in implementing the sentencing guidelines on a pilot basis. Please select
this link* to view the legislation.
In 2006, the Council of the District of Columbia enacted legislation entitled the "Advisory Commission on Sentencing Amendment Act of 2006," which changed the name of the District of Columbia Sentencing Commission to the District of Columbia Sentencing and Criminal Code Commission. The Act also directed the Commission to
analyze the District of Columbia's current criminal code and administration of existing criminal laws, and to propose reforms in the criminal code to create a uniform and coherent body of criminal law in the District of Columbia. Please select this link* to view the legislation.
