(a) The Commission shall consist of 12 voting members and 5 nonvoting members as follows:

(1) The voting members of the Commission shall consist of the following:

(A) Three judges of the Superior Court of the District of Columbia, appointed by the Chief Judge of the Superior Court;

(B) Repealed;

(C) The United States Attorney for the District of Columbia or his or her designee;

(D) The Director of the D.C. Public Defender Service or his or her designee;

(E) The Attorney General for the District of Columbia or his or her designee;

(F) The Director of the Court Services and Offender Supervision Agency for the District of Columbia or his or her designee;

(G) Two members of the District of Columbia Bar, one who specializes in the private practice of criminal defense in the District of Columbia, and one who does not specialize in the practice of criminal law, appointed by the Chief Judge of the Superior Court in consultation with the President of the District of Columbia Bar;

(H) A professional from an established organization devoted to research and analysis of sentencing issues and policies, appointed by the Chief Judge of the Superior Court of the District of Columbia; and

(I) Two citizens of the District of Columbia, one of whom is nominated by the Mayor subject to confirmation by the Council, and the other who is appointed by the Council.

(J) Repealed.

(2) The non-voting members of the Commission shall consist of the following:

(A) The Director of the District of Columbia Department of Corrections or his or her designee;

(B) The Chief of the Metropolitan Police Department or his or her designee;

(C) The Director of the United States Bureau of Prisons or his or her designee;

(D) The Chairperson of the United States Parole Commission or his or her designee; and

(E) The chairperson of the Council committee that has oversight of the Commission within its purview.

(b) The appointment of members designated by subsection (a)(1)(G), (H), (I), and (J) of this section shall be made in accordance with the following provisions:

(1) Each member shall be appointed for a term of 3 years, and shall continue to serve during that time as long as the member remains eligible for the appointment.

(2) A member may be reappointed.

(3) A person appointed to fill a vacancy occurring prior to the expiration of a term shall serve for the remainder of the term or until a successor has been appointed.

(4) A member may be removed only for incompetence, neglect of duty, or misconduct.

(b-1) The Mayor shall submit a nomination for membership pursuant to § 1-523.01(e).

(c) The voting members of the Commission shall elect a Chairperson.

(d) Members of the Commission shall serve without compensation, except that the citizen members of the Commission may be compensated at an amount not to exceed $15.00 each day or part thereof for reasonable expenses incurred in the performance of their official duties.

(Oct. 16, 1998, D.C. Law 12-167, § 3, 45 DCR 5180; June 16, 2006, D.C. Law 16-126, § 2(c), 53 DCR 4709; Oct. 18, 2007, D.C. Law 17-25, § 2(c), 54 DCR 8014; Mar. 19, 2013, D.C. Law 19-225, § 3, 59 DCR 13551; Oct. 8, 2016, D.C. Law 21-160, § 3128(c), 63 DCR 10775; May 10, 2019, D.C. Law 22-313, § 5, 66 DCR 1627.)

1981 Ed., § 2-4202.

D.C. Law 16-126, in the lead-in language of subsec. (a), substituted “15” for “13”, and substituted “5” for “4”; repealed subsec. (a)(1)(B); in subsec. (a)(1)(H), deleted “; and” at the end; in subsec. (a)(1)(I), substituted “; and” for a period; added subsec. (a)(1)(J); in subsec. (a)(2)(C), deleted “; and” at the end; in subsec. (a)(2)(D), substituted “; and” for a period; and added subsec. (a)(2)(E). Prior to repeal, subsec. (a)(1)(B) read as follows: “(B) One member of the Council, appointed by the Chairman of the Council;”.

D.C. Law 17-25, in subsec. (a)(1)(E), substituted “Attorney General” for “Corporation Counsel”; and rewrote subsecs. (a)(1)(F), (a)(2)(E), and (b).

The 2013 amendment by D.C. Law 19-225 deleted “who are not attorneys” following “Columbia” in (a)(1)(I).

For temporary (90 day) amendment of section, see § 2(c) of District of Columbia Sentencing and Criminal Code Revision Commission Emergency Amendment Act of 2007 (D.C. Act 17-72, July 20, 2007, 54 DCR 7401).

Applicability: Section 4 of D.C. Law 16-126 provided: ’This act shall apply as of January 1, 2007.”