Hi Neighbors,

I'm sure you've heard about the Council's vote on B24-416: Revised Criminal Code Act of 2022 (RCCA), which updates DC's Criminal Code. This was a task over 10 years in the making and follows recommendations by the DC Criminal Code Reform Commission. This was a necessary undertaking because our Criminal Code was created over 120 years ago by Congress. While there have been minor changes during this time, this bill represents the first full-scale revision since the code's creation in 1901. It is imperative that we make updates to bring our justice system into the 21st century.

Most of the revisions in the RCCA were agreed upon by the Council, the Mayor’s Office, the Criminal Code Reform Commission, the US Attorney’s Office, the Office of the Attorney General, and criminal justice groups, including the Public Defenders Service. But as with anything this comprehensive, there are some portions in which all stakeholders did not necessarily agree. For instance, I believe the RCCA should have updated the language around what constitutes a riot to make it clearer, as recommended by the Criminal Code Reform Commission. If you recall, this was an issue in DC during protests in the summer of 2020. Unfortunately, the updated language did not make it into the final product the Council voted on yesterday. But that does not take away from the overall product of the bill. There is so much good in the RCCA. Here are some examples:

• It creates a uniform penalty system that is proportionate and graded in penalty scheme. The current code has no penalty classifications. Instead, penalties for each offense have been determined in piecemeal fashion without considering how they work in concert.
• It eliminates mandatory minimum sentences for its revised offenses, except first degree murder. Almost all District mandatory minimum sentences were enacted in the 1980s and early 1990s. It is well documented that these inflexible, harsh sentences across the country have exacerbated mass incarceration and disproportionately impacted people of color.
• It expands “Second Look” sentencing which will enable older adults to petition for resentencing after serving 20 years. In most jurisdictions, parole, sentence reductions for good behavior, commutations, and pardons are available. In the District, however, the federal government abolished the Parole Board and limits sentence reductions for good behavior to 15%. Expanded Second Look will create an opportunity for District residents that residents of other states currently have.
• It gradually expands the right to jury trials for misdemeanors. Between 1926 and 1993, there was a right to a jury for all offenses punishable by imprisonment for more than 90 days. This changed in the early 90s in response to then-spiking crime rates. Right now, DC is a national outlier in offering such a limited right to a jury trial.

In addition to highlighting these key pieces, I wanted to provide some information and clarifications on what actually passed the Council yesterday.

• Under the bill approved this week, carjacking will remain a standalone offense. Compared to the proposal by the Criminal Code Reform Commission, increased penalties have also been added for the offense of carjacking.  
• In response to feedback from the public, government stakeholders, and Councilmembers, the final RCCA also includes increased penalties beyond what was initially proposed for robbery, carjacking, burglary, offensive physical contact, and using a gun as part of an offense. It also increases sentencing time for repeat offenders or people who offend while on pre-trial supervision, and increase penalties for harm done to protected classes, including children.
• The bill ensures MPD officers can be responsive to resident concerns around quality-of-life offenses, including noise and public disruptions. In some of these issues, such as public urination or defecation, handcuffs usually won’t solve the underlying cause, but MPD will still have these tools to address these situations when needed.
• The RCCA does not apply to juveniles who commit offenses, unless the offense is such that they are charged as an adult (a decision of the Office of the Attorney General and the US Attorney’s Office).

One of the key words throughout this process has been “proportionate.” In order for our criminal laws to be effective and for us to guard against the policies that led to an explosion of incarceration rates, crimes and their respective penalties must be proportionate. I recognize that holding true to this principle, while each day there is news of another incident involving gun violence, can be conflicting. But the RCCA is in ways forward thinking – in fact, it does not even begin to go into effect until October 2025. The changes we approved this week will not impact the sentencing and penalties for crimes committed now, nor does it impact law enforcement’s ability to do their work today. I am deeply concerned about the prevalence of guns in our community, especially the number of guns that land in the hands of kids who then use them to harm other kids. But we know from research that lengthy sentences are not an effective deterrent to crime. Although the work on RCCA is finished for now, the work to make our communities safer continues and I am committed to working on and funding solutions in this regard.

I want to thank the members of the Criminal Code Revision Commission for their service, and to the Committee on Judiciary and Public Safety for its work. The RCCA is a lengthy and nuanced bill. If you are interested, I would suggest reading the Committee report which is a helpful roadmap explaining all the steps that went into the code rewrite, the Committee reasoning for changes that were made, and the testimony that was presented over the course of three public hearings.

As an elected official, it is my responsibility to make policy decisions based on research, current laws, and the best interests of DC residents. I look forward to working with my colleagues, other government stakeholders, and you-the community-to ensure that we hold residents accountable in ways that contribute to meaningful public safety.

In service,
Christina Henderson
Councilmember, At-Large‍

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