§ 3–105. Voluntary sentencing guidelines.

(a) The voluntary sentencing guidelines promulgated by the Commission shall not be binding on judges.

(b) Notwithstanding the guidelines, the judge in an individual case may impose any sentence that does not exceed the maximum term prescribed by law and is not otherwise prohibited by the Constitution or laws of the United States or the District of Columbia.

(c) The sentencing guidelines shall not create any legally enforceable rights in any party nor shall they diminish any rights that currently exist.

(d) The Commission shall not implement any changes in the basic structure of the voluntary sentencing guidelines without first informing the Council.

(Oct. 16, 1998, D.C. Law 12-167, § 6, 45 DCR 5180; June 8, 2001, D.C. Law 13-302, § 2, 47 DCR 7249; Sept. 30, 2004, D.C. Law 15-190, § 2(b), 51 DCR 6737; Oct. 18, 2007, D.C. Law 17-25, § 2(f), 54 DCR 8014.)

Prior Codifications

1981 Ed., § 2-4205.

Effect of Amendments

D.C. Law 13-302 rewrote the section which had read:

“If the Commission recommends a system of sentencing guidelines as part of its report, any such recommendation shall:

“(1) Specify whether and under what circumstances to impose a sentence of probation, a term of imprisonment, and a fine, and the amount or length of each;

“(2) Provide for the application of intermediate sanctions in appropriate cases;

“(3) Include provisions for such appeal rights from sentencing determinations as may be appropriate or constitutionally required.”

D.C. Law 15-190 added subsec. (e).

D.C. Law 17-25 rewrote the section.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2 of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271).

For temporary (90 day) amendment of section, see § 2 of the Sentencing Reform Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).

For temporary (90 day) amendment of section, see § 2 of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).

For temporary (90 day) amendment of section, see § 2 of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).

For temporary (90 day) amendment of section, see § 2(b) of Advisory Commission on Sentencing Structured Sentencing System Pilot Program Emergency Amendment Act of 2004 (D.C. Act 15-437, May 21, 2004, 51 DCR 5957).

For temporary (90 day) amendment of section, see § 2(b) of Advisory Commission on Sentencing Structured Sentencing System Pilot Program Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-510, August 2, 2004, 51 DCR 8967).

For temporary (90 day) amendment of section, see § 2(f) 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).