Page:United States Statutes at Large Volume 111 Part 1.djvu/766

 Ill STAT. 742 PUBLIC LAW 105-33—AUG. 5, 1997 (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).

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