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98 STAT. 2003

"§ 3605. Transfer of jurisdiction over a probationer 18 USC 3605. "A court, after imposing a sentence, may transfer jurisdiction over a probationer or person on supervised release to the district court for any other district to which the person is required to proceed as a condition of his probation or release, or is permitted to, proceed, with the concurrence of such court. A later transfer of jurisdiction may be made in the same manner. A court to which jurisdiction is transferred under this section is authorized to exercise all powers over the probationer or releasee that are permitted by this subchapter or subchapter B or D of chapter 227. Ante, pp. 1992, 1998. "§ 3606. Arrest and return of a probationer 18 USC 3606. "If there is probable cause to believe that a probationer or a person on supervised release has violated a condition of his probation or release, he may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. A probation officer may make such an arrest wherever the probationer or releasee is found, and may make the arrest without a warrant. The court having supervision of the probationer or releasee, or, if there is no such court, the court last having supervision of the probationer or releasee, may issue a warrant for the arrest of a probationer or releasee for violation of a condition of release, and a probation officer or United States marshal may execute the warrant in the district in which the warrant was issued or in any district in which the probationer or releasee is found. possessors "(a) PRE-JUDGMENT PROBATION.—If a person found guilty of an offense described in section 404 of the Controlled Substances Act (21 U.S.C. 844)— "(1) has not, prior to the commission of such offense, been convicted of violating a Federal or State law relating to controlled substances; and "(2) has not previously been the subject of a disposition under this subsection; the court may, with the consent of such person, place him on probation for a term of not more than one year without entering a judgment of conviction. At any time before the expiration of the term of probation, if the person has not violated a condition of his probation, the court may, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. At the expiration of the term of probation, if the person has not violated a condition of his probation, the court shall, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. If the person violates a condition of his probation, the court shall proceed in accordance with the provisions of section 3565. "(b) RECORD OF DISPOSITION.—A nonpublic record of a disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall be retained by the Department of Justice solely for the purpose of use by the courts in determining in any subsequent proceeding whether a person qualifies for the disposition provided in subsection (a) or the expungement provided in subsection (c). A disposition under subsection (a), or a conviction that is the subject of an expungement order under
 * § 3607. Special probation and expungement procedures for drug

18 USC 3607.

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 98 STAT. 2004

PUBLIC LAW 98-473—OCT. 12, 1984

subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose. "(c) EXPUNGEMENT OF RECORD OF DISPOSITION.—If the case against a person found guilty of an offense under section 404 of the Controlled Substances Act (21 U.S.C. 844) is the subject of a disposition under subsection (a), and the person was less than twenty-one years old at the time of the offense, the court shall enter an expungement order upon the application of such person. The expungement order shall direct that there be expunged from all official records, except the nonpublic records referred to in subsection (b), all references to his arrest for the offense, the institution of criminal proceedings against him, and the results thereof. The effect of the order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings. A person concerning whom such an order has been entered shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge such arrests or institution of criminal proceedings, or the results thereof, in response to an inquiry made of him for any purpose. "Sec. "3611. "3612. "3613. "3614. "3615.

"SUBCHAPTER B-FINES Payment of a fine. Collection of an unpaid fine. Civil remedies for satisfaction of an unpaid fine. Resentencing upon failure to pay a fine. Criminal default.

"SUBCHAPTER B—FINES 18 USC 3611. Ante, p. 1995.

18 USC 3612.

"§ 3611. Payment of a fine "A person who has been sentenced to pay a fine pursuant to the provisions of subchapter C of chapter 227 shall pay the fine immediately, or by the time and method specified by the sentencing court, to the cleric of the court. The clerk shall forward the payment to the United States Treasury. "§ 3612. Collection of an unpaid fine "(a) DISPOSITION OF PAYMENT.—The clerk shall forward each fine payment to the United States Treasury and shall notify the Attornev General of its receipt within ten working days. (b) CERTIFICATION OF IMPOSITION.—If a fine exceeding $100 is imposed, modified, or remitted, the sentencing court shall incorporate in the order imposing, remitting, or modifying such fine, and promptly certify to the Attorney General— "(1) the name of the person fined; "(2) his current address; "(3) the docket number of the case; "(4) the amount of the fine imposed; "(5) any installment schedule; "(6) the nature of any modification or remission of the fine or installment schedule; and "(7) the amount of the fine that is due and unpaid. "(c) RESPONSIBILITY FOR COLLECTION.—The Attorney General shall be responsible for collection of an unpaid fine concerning which a certification has been issued as provided in subsection (b). An order

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98 STAT. 2005

of restitution, pursuant to section 3556, does not create any right of action against the United States by the person to whom restitution is ordered to be paid. "(d) NOTIFICATION OF DELINQUENCY.—Within ten working days after a fine is determined to be dehnquent as provided in section 3572(i), the Attorney General shall notify the person whose fine is delinquent, by certified mail, to inform him that the fine is delinquent. "(e) NOTIFICATION OF DEFAULT.—Within ten working days after a fine is determined to be in default as provided in section 3572(j), the Attorney General shall notify the person defaulting, by certified mail, to inform him that the fine is in default and the entire unpaid balance, including interest and penalties, is due within thirty days. "(f) INTEREST, MONETARY PENALTIES FOR DEUNQUENCY, AND DE-

FAULT.—Upon a determination of willful nonpayment, the court may impose the following interest and monetary penalties: "(1) INTEREST.—Notwithstanding any other provision of law, interest at the rate of 1 per centum per month, or 12 per centum per year, shall be charged, beginning the thirty-first day after sentencing on the first day of each month during which any fine balance remains unpaid, including sums to be paid pursuant to an installment schedule. "(2) MONETARY PENALTIES FOR DEUNQUENT FINES.—Notwith-

standing any other provision of law, a penalty sum equal to 10 per centum shall be charged for any portion of a criminal fine which has become delinquent. The Attorney General may waive Waiver, all or part of the penalty for good cause. "§ 3613. Civil remedies for satisfaction of an unpaid Hne 18 USC 3613. "(a) LIEN.—A fine imposed pursuant to the provisions of subchapter C of chapter 227 is a lien in favor of the United States up|on all Ante, p. 1995. property belonging to the person fined. The lien arises at the time of the entry of the judgment and continues until the liability is satisfied, remitted, or set aside, or until it becomes unenforceable pursuant to the provisions of subsection (b). On application of the person fined, the Attorney General shall— "(1) issue a certificate of release, as described in section 6325 of the Internal Revenue Code, of any lien imposed pursuant to 26 USC 6325. this section, upon his acceptance of a bond described in section 6325(a)(2) of the Internal Revenue Code; or "(2) issue a certificate of discharge, as described in section 6325 of the Internal Revenue Code, of any part of the person's property subject to a lien imposed pursuant to this section, upon his determination that the fair market value of that part of such property remaining subject to and available to satisfy the lien is at least three times the amount of the fine. "(b) EXPIRATION OF LIEN.—A lien becomes unenforceable and liability to pay a fine expires— (1) twenty years after the entry of the judgment; or "(2) upon the death of the individual fined. The period set forth in paragraph (1) may be extended, prior to its expiration, by a written agreement between the person fined and the Attorney General. The running of the period set forth in paragraph (1) is suspended during any interval for which the running of the period of limitations for collection of a tax would be suspended pursuant to section 6503(b), 6503(c), 6503(f), 6503(i), or 7508(a)(l)(I) of the Internal Revenue Code of 1954 (26 U.S.C. 6503(b), 6503(c), 6503(f),

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PUBLIC LAW 98-473—OCT. 12, 1984

6503(i), or 7508(a)(l)(I)), or section 513 of the Act of October 17, 1940, 50 USC app. 573. 54 Stat. 1190. "(c) APPLICATION OF OTHER LIEN PROVISIONS.—The provisions of

sections 6323, 6331, 6332, 6334 through 6336, 6337(a), 6338 through 6343, 6901, 7402, 7403, 7424 through 7426, 7505(a), 7506, 7701, and 7805 of the Internal Revenue Code of 1954 (26 U.S.C. 6323, 6331, 6332, 6334 through 6336, 6337(a), 6338 through 6343, 6901, 7402, 7403, 7424 through 7426, 7505(a), 7506, 7701, and 7805) and of section 513 of the Act of October 17, 1940, 54 Stat. 1190, apply to a fine and to the lien imposed by subsection (a) as if the liability of the person fined were for an internal revenue tax assessment, except to the extent that the application of such statutes is modified by regulations issued by the Attorney General to accord with differences in the nature of the liabilities. For the purposes of this subsection, references in the preceding sections of the Internal Revenue Code of 26 USC 1 et seq. 1954 to 'the Secretary' shall be construed to mean 'the Attorney General,' and references in those sections to 'tax' shall be construed to mean'fine.' "(d) EFFECT OF NOTICE OF LIEN.—A notice of the lien imposed by subsection (a) shall be considered a notice of lien for taxes payable to the United States for the purposes of any State or local law providing for the filing of a notice of a tax lien. The registration, recording, docketing, or indexing, in accordance with 28 U.S.C. 1962, of the judgment under which a fine is imposed shall be considered for all purposes as the filing prescribed by section 6323(fKlXA) of thie Internal Revenue Code of 1954 (26 U.S.C. 6323(fKlXA)) and by subsection (c). "(e) ALTERNATIVE ENFORCEMENT.—Notwithstanding any other provision of this section, a judgment imposing a fine may be enforced by execution against the property of the person fined in like manner as judgments in civil cases, but in no event shall liability for payment of a fine extend beyond the period specified in subsection (b). "(f) DISCHARGE OF DEBTS INAPPUCABLE.—No discharge of debts pursuant to a bankruptcy proceeding shall render a lien under this section unenforceable or discharge liability to pay a fine. 18 USC 3614.

18 USC 3615

"§ 3614. Resentencing upon failure to pay a Hne "(a) RESENTENCING.—Subject to the provisions of subsection (b), if a defendant knowingly fails to pay a delinquent fine the court may resentence the defendant to any sentence which might originally have been imposed. "flb) IMPRISONMENT.—The defendant may be sentenced to a term of imprisonment under subsection (a) only if the court determines that— "(1) the defendant willfully refused to pay the delinquent fine or had fsdled to make sufficient bona fide efforts to pay the fine; or "(2) in light of the nature of the offense and the characteristics of the person, alternatives to imprisonment are not adequate to serve the purposes of punishment and deterrence. "§ 3615. Criminal default "Whoever, having been sentenced to pay a fine, willfully fails to pay the fine, shall be fined not more than twice the amount of the unpaid balance of the fine or $10,000, whichever is greater, imprisoned not more than one year, or both.

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 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2007

"SUBCHAPTER C-IMPRISONMENT "3621. Imprisonment of a convicted person. "3622. Temporary relesise of a prisoner. "3623. Transfer of a prisoner to State authority. "3624. Release of a prisoner. "3625. Inapplicability of the Administrative Procedure Act.

"SUBCHAPTER C—IMPRISONMENT "§ 3621. Imprisonment of a convicted person 18 USC 3621. "(a) COMMITMENT TO CUSTODY OF BUREAU OF PRISONS.—A person who has been sentenced to a term of imprisonment pursuant to the provisions of subchapter D of chapter 227 shall be committed to the Ante, p. 1998. custody of the Bureau of Prisons until the expiration of the term imposed, or until earlier released for satisfactory behavior pursuant to the provisions of section 3624. "(b) PLACE OF IMPRISONMENT.—The Bureau of Prisons shall designate the place of the prisoner's imprisonment. The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or otherwise and whether within or without the judicial district in which the person was convicted, that the Bureau determines to be appropriate and suitable, considering— "(1) the resources of the facility contemplated; "(2) the nature and circumstances of the offense; "(3) the history and characteristics of the prisoner; "(4) any statement by the court that imposed the sentence— "(A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or "(B) recommending a type of penal or correctional facility as appropriate; and "(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28. Post, p. 2019. The Bureau may at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another. "(c) DEUVERY OF ORDER OF COMMITMENT.—When a prisoner, pursuant to a court order, is placed in the custody of a person in charge of a penal or correctional facility, a copy of the order shall be delivered to such person as evidence of this authority to hold the prisoner, and the original order, with the return endorsed thereon, shall be returned to the court that issued it. "(d) DEUVERY OF PRISONER FOR COURT APPEARANCES.—The United States marshal shall, without charge, bring a prisoner into court or return him to a prison facility on order of a court of the United States or on written request of an attorney for the Government. "§ 3622. Temporary release of a prisoner "The Bureau of Prisons may release a prisoner from the place of his imprisonment for a limited period if such release appears to be consistent with the purpose for which the sentence was imposed and any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2), if such release otherwise appears to be consistent with the public interest and if there is reasonable cause to believe that a prisoner will honor the trust to be

18 USC 3622.

Post, p. 2019.

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 98 STAT. 2008

,

18 USC 3623.

18 USC 8624.

PUBLIC LAW 98-473—OCT. 12, 1984

imposed in him, by authorizing him, under prescribed conditions, to— "(a) visit a designated place for a period not to exceed thirty days, and then return to the same or another facihty, for the purpose of— "(1) visiting a relative who is dying; "(2) attending a funeral of a relative; "(3) obtaining medical treatment not otherwise available; "(4) contacting a prospective employer; "(5) establishing or reestablishing family or community ties; or "(6) engaging in any other significant activity consistent with the public interest; "(b) participate in a training or educational program in the community while continuing in official detention at the prison facility; or "(c) work at paid employment in the community while continuing in official detention at the penal or correctional facility if— "(1) the rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the community; and "(2) the prisoner agrees to pay to the Bureau such costs incident to official detention as the Bureau finds appropriate and reasonable under all the circumstances, such costs to be collected by the Bureau and deposited in the Treasury to the credit of the appropriation available for such costs at the time such collections are made. "§ 3623. Transfer of a prisoner to State authority "The Director of the Bureau of Prisons shall order that a prisoner who has been charged in an indictment or information with, or convicted of, a State felony, be transferred to an official detention facility within such State prior to his release from a Federal prison facility if— "(1) the transfer has been requested by the Governor or other executive authority of the State; "(2) the State has presented to the Director a certified copy of the indictment, information, or judgment of conviction; and "(3) the Director finds that the transfer would be in the public interest. If more than one request is presented with respect to a prisoner, the Director shall determine which request should receive preference. The expenses of such transfer shall be borne by the State requesting the transfer. "§ 3624. Release of a prisoner "(a) DATE OF RELEASE.—A prisoner shall be released by the Bureau of Prisons on the date of the expiration of his term of imprisonment, less any time credited toward the service of his sentence as provided in subsection (b). If the date for a prisoner's release falls on a Saturday, a Sunday, or a legal holiday at the place of confinement, the prisoner may be released by the Bureau on the last preceding weekday. "(b) CREDIT TOWARD SERVICE OF SENTENCE FOR SATISFACTORY BE-

HAVIOR.—A prisoner who is serving a term of imprisonment of more than one year, other than a term of imprisonment for the duration

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98 STAT. 2009

of his life, shall receive credit toward the service of his sentence, beyond the time served, of fifty-four days at the end of each year of his term of imprisonment, beginning after the first year of the term, unless the Bureau of Prisons determines that, during that year, he has not satisfactorily complied with such institutional disciplinary regulations as have been approved by the Attorney General and issued to the prisoner. If the Bureau determines that, during that year, the prisoner has not satisfactorily complied with such institutional regulations, he shall receive no such credit toward service of his sentence or shall receive such lesser credit as the Bureau determines to be appropriate. The Bureau's determination shall be made within fifteen days after the end of each year of the sentence. Such credit toward service of sentence vests at the time that it is received. Credit that has vested may not later be withdrawn, and credit that has not been earned may not later be granted. Credit for the last year or portion of a year of the term of imprisonment shall be prorated and credited within the last six weeks of the sentence. "(c) PRE-RELEASE CUSTODY.—The Bureau of Prisons shall, to the extent practicable, assure that a prisoner serving a term of imprisonment spends a reasonable part, not to exceed six months, of the last 10 per centum of the term to be served under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for his re-entry into the community. The United States Probation System shall, to the extent practicable, offer assistance to a prisoner during such pre-release custody. "(d)

ALLOTMENT OF CLOTHING, FUNDS, AND TRANSPORTATION.—

Upon the release of a prisoner on the expiration of his term of imprisonment, the Bureau of Prisons shall furnish him with— "(1) suitable clothing; "(2) an amount of money, not more than $500, determined by the Director to be consistent with the needs of the offender and the public interest, unless the Director determines that the financial position of the offender is such that no sum should be furnished; and "(3) transportation to the place of his conviction, to his bona fide residence within the United States, or to such other place within the United States as may be authorized by the Director. "(e) SUPERVISION AFTER RELEASE.—A prisoner whose sentence includes a term of supervised release after imprisonment shall be released by the Bureau of Prisons to the supervision of a probation officer who shall, during the term imposed, supervise the person released to the degree warranted by the conditions specified by the sentencing court. The term of supervised release commences on the day the person is released from imprisonment. The term runs concurrently with any Federal, State, or local term of probation or supervised release or parole for another offense to which the person is subject or becomes subject during the term of supervised release, except that it does not run during any period in which the person is imprisoned, other than during limited intervals as a condition of probation or supervised release, in connection with a conviction for a Federal, State, or local crime. No prisoner shall be released on supervision unless such prisoner agrees to adhere to an installment schedule, not to exceed two years except in special circumstances, to pay for any fine imposed for the offense committed by such prisoner.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/850

 98 STAT. 2010 18 USC 3625.

18 USC 3663.

18 USC 3673. Ante, pp. 1987, 2001.

PUBLIC LAW 98-473—OCT. 12, 1984

"§ 3625. Inapplicability of the Administrative Procedure Act "The provisions of sections 554 and 555 and 701 through 706 of title 5, United States Code, do not apply to the making of any determination, decision, or order under this subchapter."; (3) in section 3663 (formerly section 3579): (A) by amending subsection (g) to read as follows: "(g) If such defendant is placed on probation or sentenced to a term of supervised release under this title, any restitution ordered under this section shall be a condition of such probation or supervised release. The court may revoke probation, or modify the term or conditions of a term of supervised release, or hold a defendant in contempt pursuant to section 3583(e) if the defendant fails to comply with such order. In determining whether to revoke probation, modify the term or conditions of supervised release, or hold a defendant serving a term of supervised release in contempt, the court shall consider the defendant's employment status, earning ability, financial resources, the willfulness of the defendant's failure to pay, and any other special circumstances that may have a bearing on the defendant's ability to pay."; and (B) by amending subsection (h) to read as follows: "(h) An order of restitution may be enforced by the United States in the manner provided in sections 3812 and 3813 or in the same manner as a judgment in a civil action, and by the victim named in the order to receive the restitution in the same manner as a judgment in a civil action."; (4) adding the following new section at the end of chapter 232: "§ 3673. Definitions for sentencing provisions "As used in chapters 227 and 229— "(a) 'found guilty' includes acceptance by a court of a plea of guilty or nolo contendere; "Oa) 'commission of an offense' includes the attempted commission of an offense, the consummation of an offense, and any immediate flight after the commission of an offense; and "(c) 'law enforcement officer' means a public servant authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of an offense."; and (5) adding the following caption and sectional analysis at the beginning of new chapter 232:

"CHAPTER 232—MISCELLANEOUS SENTENCING PROVISIONS "Sec. "3661. Use of information for sentencing. "3662. Conviction records. "3663. Order of restitution. "3664. Procedure for issuing order of restitution. "3665. Firearms possessed by convicted felons. "3666. Bribe moneys. "3667. Liquors and related property; definitions. "3668. Remission or mitigation of forfeitures under liquor laws; possession pending trial. "3669. Conveyance carrying liquor. "3670. Disposition of conveyances seized for violation of the Indian liquor laws. "3671. Vessels carrying explosives and steerage passengers. "3672. Duties of Director of Administrative Office of the United States Courts. "3673. Definitions for sentencing provisions.".

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 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2011

(b) The chapter analysis of part II of title 18, United States Code, is amended by striking out the items relating to chapters 227, 229, and 231, and inserting in lieu thereof the following: "227. Sentences "229. Post-Sentence Administration "231. Repealed "232. Miscellaneous Sentencing Provisions

3551 3601 3661".

SEC. 213. (a) Chapter 235 of title 18, United States Code, is amended by adding the following new section at the end thereof: "§ 3742. Review of a sentence "(a) APPEAL BY A DEFENDANT.—A defendant may file a notice of appeal in the district court for review of an otherwise final sentence if the sentence— "(1) was imposed in violation of law; "(2) was imposed as a result of an incorrect application of the sentencing guidelines issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a); or "(3) was imposed for an offense for which a sentencing guideline has been issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1), and the sentence is greater than— "(A) the sentence specified in the applicable guideline to the extent that the sentence includes a greater fine or term of imprisonment or term of supervised release than the maximum established in the guideline, or includes a more limiting condition of probation or supervised release under section 3563(b)(6) or (b)(ll) than the maximum established in the guideline; and "(B) the sentence specified in a plea agreement, if any, under Rule 11 (e)(l)(B) or (e)(1)(C) of the Federal Rules of Criminal Procedure; or "(4) was imposed for an offense for which no sentencing guideline has been issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1) and is greater than the sentence specified in a plea agreement, if any, under Rule 11 (e)(1)(B) or (e)(1)(C) of the Federal Rules of Criminal Procedure. "(b) APPEAL BY THE GOVERNMENT.—The Government may file a notice of appeal in the district court for review of an otherwise final sentence if the sentence— "(1) was imposed in violation of law; "(2) was imposed as a result of an incorrect application of the sentencing guidelines issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a); "(3) was imposed for an offense for which a sentencing guideline has been issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1), and the sentence is less than— "(A) the sentence specified in the applicable guideline to the extent that the sentence includes a lesser fine or term of imprisonment or term of supervised release than the minimum established in the guideline, or includes a less limiting condition of probation or supervised release under section 3563(b)(6) or (b)(ll) than the minimum established in the guideline; and "(B) the sentence specified in a plea agreement, if any, under Rule 11 (e)(l)(B) or (e)(l)(O of the Federal Rules of Criminal Procedure; or

18 USC 3742.

Post, p. 2019.

18 USC app.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/852

 98 STAT. 2012 Post, p. 2019. 18 USC app.

Ante, p. 1987.

PUBLIC LAW 98-473—OCT. 12, 1984

"(4) was imposed for an offense for which no sentencing guideline has been issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1) and is less than the sentence specified in a plea agreement, if any, under Rule 11 (e)(l)(B) or (e)(1)(G) of the Federal Rules of Criminal Procedure; and the Attorney General or the Solicitor General personally approves the filing of the notice of appeal. "(c) RECORD ON REVIEW.—If a notice of appeal is filed in the district court pursuant to subsection (a) or (b), the clerk shall certify to the court of appeals— "(1) that portion of the record in the case that is designated as pertinent by either of the parties; "(2) the presentence report; and "(3) the information submitted during the sentencing proceeding. "(d) CONSIDERATION.—Upon review of the record, the court of appeals shall determine whether the sentence— "(1) was imposed in violation of law; "(2) was imposed as a result of an incorrect application of the sentencing guidelines; or "(3) is outside the range of the applicable sentencing guideline, and is unreasonable, having regard for— "(A) the factors to be considered in imposing a sentence. as set forth in chapter 227 of this title; and "(B) the reasons for the imposition of the particular sentence, as stated by the district court pursuant to the provisions of section 3553(c). The court of appeals shall give due regard to the opportunity of the district court to judge the credibility of the witnesses, and shall accept the findings of fact of the district court unless they are clearly erroneous. "(e) DECISION AND DISPOSITION.—If the court of appeals determines that the sentence— "(1) was imposed in violation of law or imposed as a result of an incorrect application of the sentencing guidelines, it shall— "(A) remand the case for further sentencing proceedings; or "(B) correct the sentence; "(2) is outside the range of the applicable sentencing guideline and is unreasonable, it shall state specific reasons for its conclusions and— "(A) if it determines that the sentence is too high and the appeal has been filed under subsection (a), it shall set aside the sentence and— "(i) remand the case for imposition of a lesser sentence; "(ii) remand the case for further sentencing proceedings; or "(iii) impose a lesser sentence; "(B) if it determines that the sentence is too low and the appeal has been filed under subsection (b), it shall set aside the sentence and— "(i) remand the case for imposition of a greater sentence; "(ii) remand the case for further sentencing proceedings; or "(iii) impose a greater sentence; or

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 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2013

"(3) was not imposed in violation of law or imposed as a result of an incorrect application of the sentencing guidelines, and is not unreasonable, it shall affirm the sentence.". (b) The sectional analysis of chapter 235 of title 18, United States Code, is amended by adding the following new item after the item relating to section 3741: "3742. Review of a sentence.".

SEC. 214. Chapter 403 of title 18, United States Code is amended as follows: (a) Section 5037 is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by striking out subsections (a) and (b) and inserting the following new subsections in lieu thereof: "(a) If the court finds a juvenile to be a juvenile delinquent, the court shall hold a disposition hearing concerning the appropriate disposition no later than,twenty court days after the juvenile delinquency hearing unless the court has ordered further study pursuant to subsection (e). After the disposition hearing, and after considering any pertinent policy statements promulgated by the Sentencing Commission pursuant to 28 U.S.C. 994, the court may suspend the findings of juvenile delinquency, enter an order of restitution pursuant to section 3556, place him on probation, or commit him to official detention. With respect to release or detention pending an appeal or a petition for a writ of certiorari after disposition, the court shall proceed pursuant to the provisions of chapter 207. "(h) The term for which probation may be ordered for a juvenile found to be a juvenile delinquent may not extend— "(1) in the case of a juvenile who is less than eighteen years old, beyond the lesser of— "(A) the date when the juvenile becomes twenty-one years old; or "(B) the maximum term that would be authorized by section 3561(b) if the juvenile had been tried and convicted as an adult; or "(2) in the case of a juvenile who is between eighteen and twenty-one years old, beyond the lesser of— "(A) three years; or "(B) the maximum term that would be authorized by section 3561(b) if the juvenile had been tried and convicted as an adult. The provisions dealing with probation set forth in sections 3563, 3564, and 3565 are applicable to an order placing a juvenile on probation. "(c) The term for which official detention may be ordered for a juvenile found to be a juvenile delinquent may not extend— "(1) in the case of a juvenile who is less than eighteen years old, beyond the lesser of— "(A) the date when the juvenile becomes twenty-one years old; or "(B) the maximum term of imprisonment that would be authorized by section 35810^) if the juvenile had been tried and convicted as an adult; or "(2) in the case of a juvenile who is between eighteen and twenty-one years old— "(A) who if convicted as an adult would be convicted of a Class A, B, or C felony, beyond five years; or

Children and youth. ^^ ^^ ^^^'^•

Post, p. 2019.

Ante, pp. 1976, l^^^-

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 98 STAT. 2014

Repeal. 18 USC 5041. 18 USC 5042.

PUBLIC LAW 98-473—OCT. 12, 1984

"(B) in any other case beyond the lesser of^ "(i) three years; or "(ii) the maximum term of imprisonment that would be authorized by section 3581(b) if the juvenile had been tried and convicted as an adult.". (b) Section 5041 is repealed. (c) Section 5042 is amended by— Q) striking out "parole or" each place it appears in the caption and text; and (2) striking out "parolee or", (d) The sectional analysis is amended by striking out the items relating to sections 5041 and 5042 and inserting in lieu thereof the following: "5041. Repealed. "5042. Revocation of Probation.".

18 USC app.

SEC. 215. The Federal Rules of Criminal Procedure are amended as follows: (a) Rule 32 is amended— (1) by deleting subdivision (a)(1) and inserting in lieu thereof the following: "(1) IMPOSITION OF SENTENCE.—Sentence shall be imposed without unnecessary delay, but the court may, upon a motion that is jointly filed by the defendant and by the attorney for the Government and that asserts a factor important to the sentencing determination is not capable of being resolved at that time, postpone the imposition of sentence for a reasonable time until the factor is capable of being resolved. Prior to the sentencing hearing, the court shall provide the counsel for the defendant and the attorney for the Government with notice of the probation officer's determination, pursuant to the provisions of subdivision (c)(2)(B), of the sentencing classifications and sentencing guideline range believed to be applicable to the case. At the sentencing hearing, the court shall afford the counsel for the defendant and the attorney for the Government an opportunity to comment upon the probation officer's determination and on other matters relating to the appropriate sentence. Before imposing sentence, the court shall also— "(A) determine that the defendant and his counsel have had the opportunity to read and discuss the presentence investigation report made available pursuant to subdivision (c)(3)(A) or summary thereof made available pursuant to subdivision (CX3XB); "(B) afford counsel for the defendant an opportunity to speak on behalf of the defendant; and "(C) address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of the sentence. The attorney for the Government shall have an equivalent opportunity to speak to the court. Upon a motion that is jointly filed by the defendant and by the attorney for the Government, the court may hear in camera such a statement by the defendant, counsel for the defendant, or the attorney for the Government."; (2) in subdivision (a)(2), by adding ", including any right to appeal the sentence," after "right to appeal" in the first sentence;

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Page:United States Statutes at Large Volume 98 Part 2.djvu/855

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2015

(3) in subdivision (a)(2), by adding ", except that the court shall advise the defendant of any right to appeal his sentence" after "nolo contendere" in the second sentence; (4) by amending the first sentence of subdivision (c)(1) to read as follows: "A probation officer shall make a presentence investigation and report to the court before the imposition of sentence unless the court finds that there is in the record information sufficient to enable the meaningful exercise of sentencing authority pursuant to 18 U.S.C. 3553, and the court explains this finding on the record."; (5) by amending subdivision (c)(2) to read as follows: "(2) REPORT.—The report of the presentence investigation shall contain— "(A) information about the history and characteristics of the defendant, including his prior criminal record, if any, his financial condition, and any circumstances affecting his behavior that may be helpful in imposing sentence or in the correctional treatment of the defendant; "(B) the classification of the offense and of the defendant under the categories established by the Sentencing Commission pursuant to section 994(a) of title 28, that the probation officer Post, p. 2019. believes to be applicable to the defendant's case; the kinds of sentence and the sentencing range suggested for such a category of offense committed by such a category of defendant as set forth in the guidelines issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(l); and an explanation by the probation officer of any factors that may indicate that a sentence of a different kind or of a different length than one within the applicable guideline would be more appropriate under all the circumstances; "(C) any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2); "(D) verified information stated in a nonargumentative style containing an assessment of the financial, social, psychological, and medical impact upon, and cost to, any individual against whom the offense has been committed; "(E) unless the court orders otherwise, information concerning the nature and extent of nonprison programs and resources available for the defendant; and "(F) such other information as may be required by the court."; (6) in subdivision (c)(3)(A), by deleting "exclusive of any recommendations as to sentence" and inserting in lieu thereof ", including the information required by subdivision (c)(2) but not including any final recommendation as to sentence,"; (7) in subdivision (c)(3)(D), delete "or the Parole Commission"; (8) in subdivision (c)(3)(F), delete "or the Parole Commission pursuant to 18 U.S.C. §§ 4205(c), 4252, 5010(e), or 5037(c)" and substitute "pursuant to 18 U.S.C. § 3552(b)"; and (9) by deleting "imposition of sentence is suspended, or disposition is had under 18 U.S.C. § 4205(c)," in subdivision (d). (b) Rule 35 is amended to read as follows: 18 USC app. "Rule 35. Correction of Sentence "(a) CORRECTION OF A SENTENCE ON REMAND.—The court shall correct a sentence that is determined on appeal under 18 U.S.C. 3742 Ante, p. 2011. to have been imposed in violation of law, to have been imposed as a

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Page:United States Statutes at Large Volume 98 Part 2.djvu/856

 98 STAT. 2016

PUBLIC LAW 98-473—OCT. 12, 1984

result of an incorrect application of the sentencing guidelines, or to be unreasonable, upon remand of the case to the court— "(1) for imposition of a sentence in accord with the findings of the court of appeals; or "(2) for further sentencing proceedings if, after such proceedings, the court determines that the original sentence was incorrect. "(b) CORRECTION OF SENTENCE FOR CHANGED CIRCUMSTANCES.—

Post, p. 2019. l8 USC app.

The court, on motion of the Government, may within one year after the imposition of a sentence, lower a sentence to reflect a defendant's subsequent, substantial assistance in the investigation or prosecution of another person who has committed an offense, to the extent that such assistance is a factor in applicable guidelines or policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a).". (c) Rule 38 is amended— (1) by amending the caption to read: "Stay of Execution" and deleting "(a) Stay of Execution."; (2) by deleting subdivisions (b) and (c); (3) by redesignating subdivisions (a)(1) through (a)(4) as subdivisions (a) through (d), respectively; (4) in subdivision (a), by adding "from the conviction or sentence" after "is taken"; (5) in the first sentence of subdivision (b), by adding "from the conviction or sentence" after "is taken"; (6) by amending subdivision (d) to read as follows: "(d) PROBATION.—A sentence of probation may be stayed if an appeal from the conviction or sentence is taken. If the sentence is stayed, the court shall fix the terms of the stay."; and (7) by adding new subdivisions (e) and (f) as follows: "(e)

18 USC app. 18 USC app. 18 USC app.

CRIMINAL FORFEITURE, NOTICE TO VICTIMS, AND RESTITU-

TION.—A sanction imposed as part of the sentence pursuant to 18 U.S.C. 3554, 3555, or 3556 may, if an appeal of the conviction or sentence is taken, be stayed by the district court or by the court of appeals upon such terms as the court finds appropriate. The court may issue such orders as may be reasonably necessary to ensure compliance with the sanction upon disposition of the appeal, including the entering of a restraining order or an injunction or requiring a deposit in whole or in part of the monetary amount involved into the registry of the district court or execution of a performance bond. "(f) DiSABiliTiES.—A civil or employment disability arising under a Federal statute by reason of the defendant's conviction or sentence, may, if an appeal is taken, be stayed by the district court or by the court of appeals upon such terms as the court finds appropriate. The court may enter a restraining order or an injunction, or take any other action that may be reasonably necessary to protect the interest represented by the disability pending disposition of the appeal.". (d) Rule 40 is amended by deleting "3653" in subdivision (d)(l) and inserting in lieu thereof "3605". (e) Rule 54 is amended by amending the definition of "Petty offense" in subdivision (c) to read as follows: " 'Petty offense' means a class B or C misdemeanor or an infraction.". (f) Rule 6(e)(3)(C) is amended by adding the following subdivision: "(iv) when permitted by a court at the request of an attorney for the government, upon a showing that such matters may disclose a violation of state criminal law, to an

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Page:United States Statutes at Large Volume 98 Part 2.djvu/857

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2017

appropriate official of a state or subdivision of a state for the purpose of enforcing such law.", (g) The Table of Rules that precedes Rule 1 is amended as follows: (1) The item relating to Rule 35 is amended to read as follows: "35. Correction of Sentence. "(a) Correction of a sentence on remand. "(b) Correction of a sentence for changed circumstances.".

(2) The item relating to Rule 38 is amended to read as follows: "38. Stay of Execution. "(a) Death. "(b) Imprisonment. "(c) Fine. "(d) Probation. "(e) Criminal forfeiture, notice to victims, and restitution. "(f) Disabilities.".

SEC. 216. (a) The Rules of Procedure for the Trial of Misdemeanors Before United States Magistrates are amended by adding the following new rule at the end thereof: "Rule 9. Definition 18 USC app. "As used in these rules, 'petty offense' means a Class B or C misdemeanor or an infraction.". (b) The Table of Rules that precedes Rule 1 is amended by adding at the end thereof the following new item: "9. Definition.".

SEC. 217. (a) Title 28 of the United States Code is amended by adding the following new chapter after chapter 57:

"CHAPTER 58—UNITED STATES SENTENCING COMMISSION "Sec. "991. "992. "993. "994. "995. "996. "997. "998.

United States Sentencing Commission; establishment and purposes. Terms of office; compensation. Powers and duties of Chairman. Duties of the Commission. Powers of the Commission. Director and staff. Annual report. Definitions.

"§ 991. United States Sentencing Commission; establishment and purposes "(a) There is established as an independent commission in the judicial branch of the United States a United States Sentencing Commission which shall consist of seven voting members and one nonvoting member. The President, after consultation with representatives of judges, prosecuting attorneys, defense attorneys, law enforcement officials, senior citizens, victims of crime, and others interested in the criminal justice process, shall appoint the voting members of the Commission, by and with the advice and consent of the Senate, one of whom shall be appointed, by and with the advice and consent of the Senate, as the Chairman. At least three of the members shall be Federal judges in regular active service selected after considering a list of six judges recommended to the President by the Judicial Conference of the United States. Not more than four

28 USC 991.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/858

 98 STAT. 2018

Ante, p. 1989.

28 USC 992.

PUBLIC LAW 98-473—OCT. 12, 1984

of the members of the Commission shall be members of the same political party. The Attorney General, or his designee, shall be an ex officio, nonvoting member of the Commission. The Chairman and members of the Commission shall be subject to removal from the Commission by the President only for neglect of duty or malfeasance in office or for other good cause shown. "(b) The purposes of the United States Sentencing Commission are to— "(1) establish sentencing policies and practices for the Federal criminal justice system that— "(A) assure the meeting of the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code; "(B) provide certainty and fairness in meeting the purposes of sentencing, avoiding unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar criminal conduct while maintaining sufficient flexibility to permit individualized sentences when warranted by mitigating or aggravating factors not taken into account in the establishment of general sentencing practices; and "(C) reflect, to the extent practicable, advancement in knowledge of human behavior as it relates to the criminal justice process; and "(2) develop means of measuring the degree to which the sentencing, penal, and correctional practices are effective in meeting the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. "§ 992. Terms of office; compensation "(a) The voting members of the United States Sentencing Commission shall be appointed for six-year terms, except that the initial terms of the first members of the Commission shall be staggered so that— "(1) two members, including the Chairman, serve terms of six years; "(2) three members serve terms of four years; and "(3) two members serve terms of two years. "(b) No voting member may serve more than two full terms. A voting member appointed to fill a vacancy that occurs before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. "(c) The Chairman of the Commission shall hold a full-time position and shall be compensated during the term of office at the annual rate at which judges of the United States courts of appeals are compensated. The voting members of the Commission, other than the Chairman, shall hold full-time positions until the end of the first six years after the sentencing guidelines go into effect pursuant to section 225(a)(l)(B)(ii) of the Sentencing Reform Act of 1983, and shall be compensated at the annual rate at which judges of the United States courts of appeals are compensated. Thereafter, the voting members of the Commission, other than the Chairman, shall hold part-time positions and shall be paid at the daily rate at which judges of the United States courts of appeals are compensated. A Federal judge may serve as a member of the Commission without resigning his appointment as a Federal judge.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/859

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2019

"§ 993. Powers and duties of Chairman "The Chairman shall— "(a) call and preside at meetings of the Commission, which shall be held for at least two weeks in each quarter after the members of the Commission hold part-time positions; and "(b) direct— "(1) the preparation of requests for appropriations for the Commission; and "(2) the use of funds made available to the Commission.

28 USC 993.

"§ 994. Duties of the Commission "(a) The Commission, by affirmative vote of at least four members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of this title and title 18, United States Code, shall promulgate and distribute to all courts of the United States and to the United States Probation System— "(1) guidelines, as described in this section, for use of a sentencing court in determining the sentence to be imposed in a criminal case, including— "(A) a determination whether to impose a seiitence to probation, a fine, or a term of imprisonment; "(B) a determination as to the appropriate amount of a fine or the appropriate length of a term of probation or a term of imprisonment; "(C) a determination whether a sentence to a term of imprisonment should include a requirement that the defendant be placed on a term of supervised release after imprisonment, and, if so, the appropriate length of such a term; and "(D) a determination whether multiple sentences to terms of imprisonment should be ordered to run concurrently or consecutively; "(2) general policy statements regarding application of the guidelines or any other aspect of sentencing or sentence implementation that in the view of the Commission would further the purposes set forth in section 3553(a)(2) of title 18, United States Code, including the appropriate use of— "(A) the sanctions set forth in sections 3554, 3555, and 3556 of title 18; "(B) the conditions of probation and supervised release set forth in sections 3563(b) and 3583(d) of title 18; "(C) the sentence modification provisions set forth in sections 3563(c), 3573, and 3582(c) of title 18; "(D) the authority granted under rule 11(e)(2) of the Federal Rules of Criminal Procedure to accept or reject a plea agreement entered into pursuant to rule 11(e)(1); and "(E) the temporary release provisions set forth in section 3622 of title 18, and the prerelease custody provisions set forth in section 3624(c) of title 18; and "(3) guidelines or general policy statements regarding the appropriate use of the probation revocation provisions set forth in section 3565 of title 18, and the provisions for modification of the term or conditions of probation or supervised release set forth in sections 3563(c), 3564(d), and 3583(e) of title 18. "(b) The Commission, in the guidelines promulgated pursuant to subsection (a)(1), shall, for each category of offense involving each

28 USC 994.

Ante, p. 1989. Ante, pp. 1990, 1^91. Ante, pp. 1993, 1999Ante, pp. 1997, 1998 ^° ^ ° ^ ^PPAnte, p. 2007. Ante, p. 2008. Ante, p. 1995. Ante, pp. 1993, 1994, 1999.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/860

 98 STAT. 2020

Nondiscrimination,

PUBLIC LAW 98-473—OCT. 12, 1984

category of defendant, establish a sentencing range that is consistent with all pertinent provisions of title 18, United States Code. If a sentence specified by the guidelines includes a term of imprisonment, the maximum of the range established for such a term shall not exceed the minimum of that range by more than 25 per centum. "(c) The Commission, in establishing categories of offenses for use in the guidelines and policy statements governing the imposition of sentences of probation, a fine, or imprisonment, governing the imposition of other authorized sanctions, governing the size of a fine or the length of a term of probation, imprisonment, or supervised release, and governing the conditions of probation, supervised release, or imprisonment, shall consider whether the following matters, among others, have any relevance to the nature, extent, place of service, or other incidents of an appropriate sentence, and shall take them into account only to the extent that they do have relevance— "(1) the gr^ide of the offense; "(2) the circumstances under which the offense was committed which mitigate or aggravate the seriousness of the offense; "(3) the nature and degree of the harm caused by the offense, including whether it involved property, irreplaceable property, a person, a number of persons, or a breach of public trust; "(4) the community view of the gravity of the offense; "(5) the public concern generated by the offense; "(6) the deterrent effect a particular sentence may have on the commission of the offense by others; and "(7) the current incidence of the offense in the community and in the Nation as a whole. "(d) The Commission in establishing categories of defendants for use in the guidelines and policy statements governing the imposition of sentences of probation, a fine, or imprisonment, governing the imposition of other authorized sanctions, governing the size of a fine or the length of a term of probation, imprisonment, or supervised release, and governing the conditions of probation, supervised release, or imprisonment, shall consider whether the following matters, among others, with respect to a defendant, have any relevance to the nature, extent, place of service, or other incidents of an appropriate sentence, and shall take them into account only to the extent that they do have relevance— "(Dage; "(2) education; .i "(3) vocational skills; "(4) mental and emotional condition to the extent that such condition mitigates the defendant's culpability or to the extent that such condition is otherwise plainly relevant; "(5) physical condition, including drug dependence; "(6) previous employment record; "(7) family ties and responsibilities; "(8) community ties; "(9) role in the offense; "(10) criminal history; and "(11) degree of dependence upon criminal activity for a livelihood. The Commission shall assure that the guidelines and policy statements are entirely neutral as to the race, sex, national origin, creed, and socioeconomic status of offenders.

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text: Author:Franz Xaver von Neumann-Spallart

title: Author:Franz Xaver von Neumann-Spallart


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/861

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2021

"(e) The Commission shall assure that the guidelines and policy statements, in recommending a term of imprisonment or length of a term of imprisonment, reflect the general inappropriateness of considering the education, vocational skills, employment record, family ties and responsibilities, and community ties of the defendant. "(f) The Commission, in promulgating guidelines pursuant to subsection (a)(1), shall promote the purposes set forth in section 991(b)(1), with particular attention to the requirements of subsection 991(b)(1)(B) for providing certainty and fairness in sentencing and reducing unwarranted sentence disparities. "(g) The Commission, in promulgating guidelines pursuant to subsection (a)(1) to meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code, shall take into Ante, p. 1987. account the nature and capacity of the penal, correctional, and other facilities and services available, and shall make recommendations concerning any change or expansion in the nature or capacity of such facilities and services that might become necessary as a result of the guidelines promulgated pursuant to the provisions of this chapter. The sentencing guidelines prescribed under this chapter shall be formulated to minimize the likelihood that the Federal prison population will exceed the capacity of the Federal prisons, as determined by the Commission. "(h) The Commission shall assure that the guidelines will specify a sentence to a term of imprisonment at or near the maximum term authorized by section 3581(b) of title 18, United States Code, for Ante, p. 1998. categories of defendants in which the defendant is eighteen years old or older and— "(1) has been convicted of a felony that is— "(A) a crime of violence; or "(B) an offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), sections 1002(a), 1005, and 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, and 959), and section 1 of the Act of September 15, 1980 (21 U.S.C. 955a); and "(2) has previously been convicted of two or more prior felonies, each of which is— "(A) a crime of violence; or "(B) an offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), sections 1002(a), 1005, and 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, and 959), and section 1 of the Act of September 15, 1980 (21 U.S.C. 955a). "(i) The Commission shall assure that the guidelines will specify a sentence to a substantial term of imprisonment for categories of defendants in which the defendant— "(1) has a history of two or more prior Federal, State, or local felony convictions for offenses committed on different occasions; "(2) committed the offense as part of a pattern of criminal conduct from which he derived a substantial portion of his income; "(3) committed the offense in furtherance of a conspiracy with three or more persons engaging in a pattern of racketeering activity in which the defendant participated in a managerial or supervisory capacity; (4) committed a crime of violence that constitutes a felony while on release pending trial, sentence, or appeal from a

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Page:United States Statutes at Large Volume 98 Part 2.djvu/862

 98 S T A T. 2022

Ante, pp. 1982, 1983.

Ante, p. 1989.

Report.

P U B L I C L A W 9 8 - 4 7 3 — O C T. 12, 1984

Federal, State, or local felony for which h e was ultimately convicted; or "(5) committed a felony that is set forth in section 401 or 1010 of the Comprehensive D r u g Abuse Prevention and Control Act of 1970 (21 U.S.C. 841 and 960), and that involved trafficking in a substantial quantity of a controlled substance, "(j) The Commission shall insure that the guidelines reflect the general appropriateness of imposing a sentence other than impriso n m e n t i n cases in which the defendant is a first offender who has not been convicted of a crime of violence or a n otherwise serious offense, and the general appropriateness of imposing a term of i m p r i s o n m e n t on a person convicted of a crime of violence that results in serious bodily injury, "(k) The Commission shall i n s u r e that the guidelines reflect the inappropriateness of imposing a sentence to a term of imprisonment for the purpose of rehabilitating the defendant or providing the defendant w i t h needed educational or vocational training, medical care, or other correctional t r e a t m e n t. "(1) The Commission shall i n s u r e that the guidelines promulgated pursuant to subsection (a)(1) reflect— "(1) the appropriateness of imposing a n incremental penalty for each offense in a case in which a defendant is convicted of— "(A) multiple offenses committed in the s a m e course of conduct that result in the exercise of ancillary jurisdiction over one or more of the offenses; and "(B) multiple offenses committed a t different times, including those cases in which the subsequent offense is a violation of section 3146 (penalty for failure to appear) or is committed while the person is released pursuant to the provisions of section 3147 (penalty for a n offense committed while on release) of title 18; and "(2) the general inappropriateness of imposing consecutive terms of i m p r i s o n m e n t for a n offense of conspiring to commit a n offense or soliciting commission of a n offense and for a n offense that was the sole object of the conspiracy or solicitation, "(m) The Commission shall i n s u r e that the guidelines reflect the fact that, in m any cases, c u r r e n t sentences do not accurately reflect the seriousness of the offense. This will require that, a s a s t a r t i n g point in its development of the initial sets of guidelines for particul a r categories of cases, the Commission ascertain the average sentences imposed in such categories of cases prior to the creation of the Commission, and in cases involving sentences to terms of imprisonment, the length of such terms actually served. The Commission shall not be bound by such average sentences, and shall independently develop a sentencing r a n g e that is consistent with the purposes of sentencing described in section 3553(a)(2) of title 18, United States Code. "(n) The Commission periodically shall review and revise, in consideration of comments and d a t a coming to its attention, the guidelines promulgated pursuant to the provisions of t h i s section. In fulfilling its duties and in exercising its powers, the Commission shall consult w i t h authorities on, and individual and institutional representatives of, various aspects of the Federal criminal justice system. The United States Probation System, the B u r e a u of Prisons, the Judicial Conference of the United States, the Criminal Division of the United States Department of Justice, and a representative of the Federal Public Defenders shall submit to the Commission any

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Page:United States Statutes at Large Volume 98 Part 2.djvu/863

 PUBLIC LAW 98-473—OCT. 12, 1984 observations, comments, or questions pertinent to the work of the Commission whenever they beUeve such communication would be useful, and shall, at least annually, submit to the Commission a written report commenting on the operation of the Commission's guidelines, suggesting changes in the guidelines that appear to be warranted, and otherwise assessing the Commission's work. "(o) The Commission, at or after the beginning of a regular session of Congress but not later than the first day of May, shall report to the Congress any amendments of the guidelines promulgated pursuant to subsection (a)(1), and a report of the reasons therefor, and the amended guidelines shall take effect one hundred and eighty days after the Commission reports them, except to the extent the effective date is enlarged or the guidelines are disapproved or modified by Act of Congress. "(p) The Commission and the Bureau of Prisons shall submit to Congress an analysis and recommendations concerning maximum utilization of resources to deal effectively with the Federal prison population. Such report shall be based upon consideration of a variety of alternatives, including— "(1) modernization of existing facilities; "(2) inmate classification and periodic review of such classification for use in placing inmates in the least restrictive facility necessary to ensure adequate security; and "(3) use of existing Federal facilities, such as those currently within military jurisdiction. "(q) The Commission, within three years of the date of enactment of the Sentencing Reform Act of 1983, and thereafter whenever it finds it advisable, shall recommend to the Congress that it raise or lower the grades, or otherwise modify the maximum penalties, of those offenses for which such an adjustment appears appropriate. "(r) The Commission shall give due consideration to any petition filed by a defendant requesting modification of the guidelines utilized in the sentencing of such defendant, on the basis of changed circumstances unrelated to the defendant, including changes in— "(1) the community view of the gravity of the offense; "(2) the public concern generated by the offense; and "(3) the deterrent effect particular sentences may have on the commission of the offense by others. Within one hundred and eighty days of the filing of such petition the Commission shall provide written notice to the defendant whether or not it has approved the petition. If the petition is disapproved the written notice shall contain the reasons for such disapproval. The Commission shall submit to the Congress at least annually an analysis of such written notices. "(s) The Commission, in promulgating general policy statements regarding the sentencing modification provisions in section 3582(c)(1)(A) of title 18, shall describe what should be considered extraordinary and compelling reasons for sentence reduction, including the criteria to be applied and a list of specific examples. Rehabilitation of the defendant alone shall not be considered an extraordinary and compelling reason. "(t) If the Commission reduces the term of imprisonment recommended in the guidelines applicable to a particular offense or category of offenses, it shall specify by what amount the sentences of prisoners serving terms of imprisonment that are outside the applicable guideline ranges for the offense may be reduced.

98 STAT. 2023

Report,

Report,

Petition.

Ante, p. 1998.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/864

 98 STAT. 2024

Report.

5 USC 553.

28 USC 995.

5 USC 8101 et seq.

PUBLIC LAW 98-473—OCT. 12, 1984

"(u) The Commission shall ensure that the general policy statements promulgated pursuant to subsection (a)(2) include a policy limiting consecutive terms of imprisonment for an offense involving a violation of a general prohibition and for an offense involving a violation of a specific prohibition encompassed within the general prohibition. "(v) The appropriate judge or officer shall submit to the Commission in connection with each sentence imposed a written report of the sentence, the offense for which it is imposed, the age, race, and sex of the offender, information regarding factors made relevant by the guidelines, and such other information as the Commission finds appropriate. The Commission shall submit to Congress at least annually an analysis of these reports and any recommendations for legislation that the Commission concludes is warranted by that analysis. "(w) The provisions of section 553 of title 5, relating to publication in the Federal Register and public hearing procedure, shall apply to the promulgation of guidelines pursuant to this section. "§ 995. Powers of the Commission "(a) The Commission, by vote of a majority of the members present and voting, shall have the power to— "(1) establish general policies and promulgate such rules and regulations for the Commission as are necessary to carry out the purposes of this chapter; "(2) appoint and fix the salary and duties of the Staff Director of the Sentencing Commission, who shall serve at the discretion of the Commission and who shall be compensated at a rate not to exceed the highest rate now or hereafter prescribed for grade 18 of the General Schedule pay rates (5 U.S.C. 5332); "(3) deny, revise, or ratify any request for regular, supplemental, or deficiency appropriations prior to any submission of such request to the Office of Management and Budget by the Chairman; "(4) procure for the Commission temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code; "(5) utilize, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor; "(6) without regard to 31 U.S.C. 3324, enter into and perform such contracts, leases, cooperative agreements, and other transactions as may be necessary in the conduct of the functions of the Commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization; "(7) accept and employ, in carrying out the provisions of this title, voluntary and uncompensated services, notwithstanding the provisions of 31 U.S.C. 1342, however, individuals providing such services shall not be considered Federal employees except for purposes of chapter 81 of title 5, United States Code, with respect to job-incurred disability and title 28, United States Code, with respect to tort claims; "(8) request such information, data, and reports from any Federal agency or judicial officer as the Commission may from

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text:
Author:N. E. Newell

Articles in Popular Science Monthly

 * 1.

title: Author:N. E. Newell


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/865

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2025

time to time require and as may be produced consistent with other law; "(9) monitor the performance of probation officers with regard to sentencing recommendations, including application of the Sentencing Commission guidelines and policy statements; "(10) issue instructions to probation officers concerning the application of Commission guidelines and policy statements; (11) arrange with the head of any other Federal agency for the performance by such agency of any function of the Commission, with or without reimbursement; "(12) establish a research and development program within the Commission for the purpose of^ "(A) serving as a clearinghouse and information center for the collection, preparation, and dissemination of information on Federal sentencing practices; and "(B) assisting and serving in a consulting capacity to Federal courts, departments, and agencies in the development, maintenance, and coordination of sound sentencing practices; "(13) collect systematically the data obtained from studies, research, and the empirical experience of public and private agencies concerning the sentencing process; "(14) publish data concerning the sentencing process; "(15) collect systematically and disseminate information concerning sentences actually imposed, and the relationship of such sentences to the factors set forth in section 3553(a) of title 18, United States Code; Ante, p. 1989. "(16) collect systematically and disseminate information regarding effectiveness of sentences imposed; "(17) devise and conduct, in various geographical locations, seminars and workshops providing continuing studies for persons engaged in the sentencing field; "(18) devise and conduct periodic training programs of instruction in sentencing techniques for judicial and probation personnel and other persons connected with the sentencing process; "(19) study the feasibility of developing guidelines for the disposition of juvenile delinquents; (20) make recommendations to Congress concerning modification or enactment of statutes relating to sentencing, penal, and correctional matters that the Commission finds to be necessary and advisable to carry out an effective, humane and rational sentencing policy; "(21) hold hearings and call witnesses that might assist the Commission in the exercise of its powers or duties; and "(22) perform such other functions as are required to permit Federal courts to meet their responsibilities under section 3553(a) of title 18, United States Code, and to permit others involved in the Federal criminal justice system to meet their related responsibilities. "(b) The Commission shall have such other powers and duties and shall perform such other functions as may be necessary to carry out the purposes of this chapter, and may delegate to any member or designated person such powers as may be appropriate other than the power to establish general policy statements and guidelines pursuant to section 994(a)(1) and (2), the issuance of general policies and promulgation of rules and regulations pursuant to subsection (a)(1)

31 194 - 0 - 86 - 28: QL. 3 Part 2

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Page:United States Statutes at Large Volume 98 Part 2.djvu/866

 98 STAT. 2026

PUBLIC LAW 98-473—OCT. 12, 1984

of this section, and the decisions as to the factors to be considered in establishment of categories of offenses and offenders pursuant to section 994(b). The Commission shall, with respect to its activities under subsections (a)(9), (a)(10), (a)(U), (a)(12), (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), and (a)(18), to the extent practicable, utilize existing resources of the Administrative Office of the United States Courts and the Federal Judicial Center for the purpose of avoiding unnecessary duplication. "(c) Upon the request of the Commission, each Federal agency is authorized and directed to make its services, equipment, personnel, facilities, and information available to the greatest practicable extent to the Commission in the execution of its functions. "(d) A simple majority of the membership then serving shall constitute a quorum for the conduct of business. Other than for the promulgation of guidelines and policy statements pursuant to section 994, the Commission may exercise its powers and fulfill its duties by the vote of a simple majority of the members present. "(e) Except as otherwise provided by law, the Commission shall maintain and make available for public inspection a record of the final vote of each member on any action taken by it. 28 USC 996

«§ 996. Director and staff "(a) The Staff Director shall supervise the activities of persons employed by the Commission and perform other duties assigned to him by the Commission. "(b) The Staff Director shall, subject to the approval of the Commission, appoint such officers and employees as are necessary in the execution of the functions of the Commission. The officers and employees of the Commission shall be exempt from the provisions of 5 USC 2101. part III of title 5, United States Code, except the following chapters: 5 USC 8101 et 81 (Compensation for Work Injuries), 83 (Retirement), 85 (Unemfboi e^^eo ^ 87oi plo3^™ent Compensation), 87 (Life Insurance), 89 (Health Insurance), et seq., 8901 et and 91 (Conflicts of Interest). seq.

28 USC 997.

"§ 997. Annual report "The Commission shall report annually to the Judicial Conference of the United States, the Congress, and the President of the United States on the activities of the Commission.

28 USC 998.

"§ 998. Definitions "As used in this chapter— "(a) 'Commission' means the United States Sentencing Commission; "(b) 'Commissioner' means a member of the United States Sentencing Commission; "(c) 'guidelines' means the guidelines promulgated by the Commission pursuant to section 994(a) of this title; and "(d) 'rules and regulations' means rules and regulations promulgated by the Commission pursuant to section 995 of this title.", (b) The chapter analysis of part III of title 28, United States Code, is amended by adding after the item relating to chapter 57 the following new item: "58. United States Sentencing Commission

^ tx-Ji

991".

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Page:United States Statutes at Large Volume 98 Part 2.djvu/867

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2027

REPEALERS

SEC. 218. (a) The following provisions of title 18, United States Code, are repealed: (1) section 1; (2) section 3012; (3) sections 4082(a), 4082(b), 4082(c), 4082(e), 4084, and 4085; (4) chapter 309; (5) chapter 311; (6) chapter 314^ (7) sections 4281, 4283, and 4284; and (8) chapter 402. Redesignate subsections in section 4082 accordingly. (b) The item relating to section 1 in the sectional analysis of chapter 1 of title 18, United States Code, is amended to read:

18 USC 4161 et seq. 18 USC 4201 e* ilVsc 4251 et seq. 18 USC 5005 et
 * ^9

"1. Repealed.".

(c) The item relating to section 3012 in the sectional analysis of chapter 201 of title 18, United States Code, is amended to read: "3012. Repealed.".

(d) The chapter analysis of Part HI of title 18, United States Code, is amended by amending the items relating to— (1) chapters 309 and 311 to read as follows: "309. Repealed "311. Repealed

";

and (2) chapter 314 to read as follows: "314. Repealed

".

(e) The items relating to sections 4084 and 4085 in the sectional analysis of chapter 305 of title 18, United States Code, are amended to read as follows: "4084. Repealed. "4085. Repealed.".

(f) The sectional analysis of chapter 315 of title 18, United States Code, is amended by amending the items relating to— (1) section 4281 to read: "4281. Repealed.";

and (2) sections 4283 and 4284 to read as follows:

,H>:ii

"4283. Repealed. "4284. Repealed.".

(g) The item relating to chapter 402 in the chapter analysis of Part IV of title 18, United States Code, is amended to read as follows: "402. Repealed

".

SEC. 219. (a) Sections 404(b) and 409 of the Controlled Substances Act (21 U.S.C. 8440)) and 849) are repealed. (b) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by deleting the designation "(a)" at the beginning of the subsection. TECHNICAL AND CONFORMING AMENDMENTS

SEC. 220. The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended as follows:

r.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/868

 98 STAT. 2028 Aliens.

Ante, p. 1981.

Ante, p. 2011. Ante, p. 1976. Ante, p. 1983.

PUBLIC LAW 98-473—OCT. 12, 1984

(a) The second sentence of section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended to read: "An alien who would be excludable because of the conviction of an offense for which the sentence actually imposed did not exceed a term of imprisonment in excess of six months, or who would be excludable as one who admits the commission of an offense for which a sentence not to exceed one year's imprisonment might have been imposed on him, may be granted a visa and admitted to the United States if otherwise admissible: Provided, That the alien has committed only one such offense, or admits the commission of acts which constitute the essential elements of only one such offense.". (b) Section 242(h) (8 U.S.C. 1252(h)) is amended by adding "supervised release," after "parole,". SEC. 221. Section 4 of the Act of September 28, 1962 (16 U.S.C. 460k-3) is amended by deleting "petty offense (18 U.S.C. 1)" and substituting "misdemeanor". SEC. 222. Section 9 of the Act of October 8, 1964 (16 U.S.C. 460n-8) is amended— (a) in the first paragraph, by deleting "commissioner" each place it appears and substituting "magistrate"; and (b) in the second paragraph, by amending the first sentence to read: "The functions of the magistrate shall include the trial and sentencing of persons charged with the commission of misdemeanors and infractions as defined in section 3581 of title 18, United States Code.". SEC. 223. Title 18 of the United States Code is amended as follows: (a) Section 924(a) is amended by deleting ", and shall become eligible for parole as the Board of Parole shall determine". (b) Section 1161 is amended by deleting "3618" and substituting "3669". (c) Section 1761(a) is amended by adding ", supervised release," after "parole". (d) Section 2114 is amended by adding "not more than" after "imprisoned". (e) Section 3006A is amended— (1) in subsections (a)(1) and (b), by deleting "misdemeanor (other than a petty offense as defined in section 1 of this title)" each place it appears and substituting "Class A misdemeanor"; and (2) in subsections (a)(3) and (g), deleting "subject to revocation of parole," each place it appears. (f) Section 3143, as amended by this Act, is amended— (1) in subsection (a), by adding "other than a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. 994 does not recommend a term of imprisonment," after "sentence,"; and (2) in subsection (c), by adding the following at the end thereof: "The judge shall treat a defendsmt in a case in which an appeal has been taken by the United States pursuant to the provisions of section 3742 in accordance with the provisions of— "(1) subsection (a) if the person has been sentenced to a term of imprisonment; or "(2) section 3142 if the person has not been sentenced to a term of imprisonment.". (g) Section 3147, as amended by this Act, is amended— (1) in paragraph (1), by deleting "not less than two years and"; and

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Page:United States Statutes at Large Volume 98 Part 2.djvu/869

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2029

(2) in paragraph (2), by deleting "not less than ninety days and", (h) Section 3156(b)(2) is amended by deleting "petty offense as defined in section 1(3) of this title" and substituting "Class B or C misdemeanor or an infraction". (i) Section 3172(2) is amended by deleting "petty offense as defined in section 1(3) of this title" and substituting "Class B or C misdemeanor or an infraction", (j) Section 3401 is amended— (1) by repealing subsection (g) and redesignating (h) to (g); and (2) in subsection (h), by deleting "petty offense case" and substituting "Class B or C misdemeanor case, or infraction case,". (k) Section 3670 (formerly section 3619) is amended by deleting "3617" and "3618" and substituting "3668" and "3669", respectively. (1) Section 4004 is amended by deleting "record clerks, and parole officers" and substituting "and record clerks". (m) Chapter 306 is amended as follows: (1) Section 4101 is amended— (A) in subsection (f), by adding ", including a term of supervised release pursuant to section 3583" after "supervision"; and (B) in subsection (g), by deleting "to a penalty of imprisonment the execution of which is suspended and" and substituting "under which", and by deleting "the suspended" and substituting "a". (2) Section 4105(c) is amended— (A) in paragraph (1), by deleting "for good time" the second place it appears and substituting "toward service of sentence for satisfactory behavior''; (B) in paragraphs (1) and (2), by deleting "section 4161" ' and substituting "section 3624(b)"; (C) in paragraph (1), by deleting "section 4164" and sub^< X stituting "section 3624(a); (D) by repealing paragraph (3); (E) by amending paragraph (4) to read as follows: "(3) Credit toward service of sentence may be withheld as provided in section 3624(b) of this title."; and (F) by redesignating paragraphs accordingly. (3) Section 4106 is amended— (A) in subsection (a), by deleting "Parole Commission" and substituting "Probation System"; (B) by amending subsection (b) to read as follows: "Ob) An offender transferred to the United States to serve a sentence of imprisonment shall be released pursuant to section 3624(a) of this title after serving the period of time specified in the applicable sentencing guideline promulgated pursuant to 28 U.S.C. 994(a)(1). He shall be released to serve a term of supervised release for any term specified in the applicable guideline. The provisions of section 3742 of this title apply to a sentence to a term of imprisonment under this subsection, and the United States court of appeals for the district in which the offender is imprisoned after transfer to the United States has jurisdiction to review the period of imprisonment as though it had been imposed by the United States district court."; and (C) by repealing subsection (c).

s 18 USC 3156. 18 USC 3172. 18 USC 340i.

Ante, p. 1987. 18 USC 4004. 18 USC 4ioi.

18 USC 4105.

18 USC 4106.

Ante, p. 2008. Ante, p. 2019. Ante, p. 2011.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/870

 98 STAT. 2030 18 USC 4108. Ante, p. 2019.

Post, p. 2070.

PUBLIC LAW 98-473—OCT. 12, 1984

(4) Section 4108(a) is amended by adding ", including any term of imprisonment or term of supervised release specified in the applicable sentencing guideline promulgated pursuant to 28 U.S.C. 994(a)(1)," after "consequences thereof. (n) Section 4321 is amended by deleting "parole or", (o) Section 4351(b) is amended by deleting "Parole Board" and substituting "Sentencing Commission". (p) Section 5002 is amended by deleting "Board of Parole, the Chairman of the Youth Division," and substituting "United States Sentencing Commission,". SEC. 224. The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended as follows: (a) Section 401 (21 U.S.C. 841) is amended— (1) in subsection 0))(1)(A), by deleting the last sentence; (2) in subsection (b)(l)(B), by deleting the last sentence; (3) in subsection (b)(2), by deleting the last sentence; (4) in subsection 0))(4), by deleting "subsections (a) and (b) of, and by adding "and section 3607 of title 18, United States Code" after "404"; (5) in subsection (b)(5), by deleting the last sentence; and (6) by repealing subsection (c). (b) Section 405 (21 U.S.C. 845) is amended— (1) in subsection (a), by deleting "(1)" the second place, it appears, and by deleting ", and (2) at least twice any special parole term authorized by section 401(b), for a first offense involving the same controlled substance and schedule"; and (2) in subsection (b), by deleting "(1)" the second place it appears, and by deleting ", and (2) at least three times any special parole term authorized by section 401(b), for a second or subsequent offense involving the same controlled substance and (c) Section 408(c) (21 U.S.C. 848(c)) is amended by deleting "and section 4202 of title 18 of the United States Code". SEC. 225. The Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) is amended as follows: (a) Section 1010 (21 U.S.C. 960) is amended— (1) in subsection (b)(D, by deleting the last sentence; (2) in subsection (b)(2), by deleting the last sentence; and (3) by repealing subsection (c). (b) Section 1012(a) (21 U.S.C. 962(a)) is amended by deleting the Igist sentence. SEC. 226. Section 1140?) of title 23, United States Code, is amended by adding ", supervised release," after "parole". SEC. 227. Section 5871 of the Internal Revenue Code of 1954 (26 U.S.C. 5871) is amended by deleting ", and shall become eligible for parole as the Board of Parole shall determine". SEC. 228. Title 28 of the United States Code is amended as follows: (a) Section 509 is amended— (1) by adding "and" after paragraph (2) and, in paragraph (3), by deleting "; and" and substituting a period; and (2) by repealing paragraph (4). (b) Section 591(a) is amended by deleting "petty offense" and substituting "Class B or C misdemeanor or an infraction". (c) Section 2901 is amended— (1) in subsection (e), by deleting "section 1" and substituting "section 3581"; and

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Page:United States Statutes at Large Volume 98 Part 2.djvu/871

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2031

(2) in subsection (g)(3), by adding ", supervised release," after "parole", and by adding "supervised release," after "parole,". SEC. 229. Section 504(a) of the Labor Management Reporting and Disclosure Act of 1959 (29 U.S.C. 504(a)) and section 411(a) of the Post, p. 2131. Employee Retirement Income Security Act of 1974 (29 U.S.C. 1111(a)) are amended— (a) by deleting "the Board of Parole of the United States Department of Justice" and substituting "if the offense is a Federal offense, the sentencing judge or, if the offense is a State or local offense, on motion of the United States Department of Justice, the district court of the United States for the district in which the offense was committed, pursuant to sentencing guidelines and policy statements issued pursuant to 28 U.S.C. 994(a),";

Ante, p. 2019.

(b) by deleting "Board" and "Board's" and substituting "court" and "court's", respectively; and (c) by deleting "an administrative" and substituting "a". SEC. 230. Section 411(c)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. llll(c)(3)) is amended by adding "or supervised release" after "parole". SEC. 231. Section 4250)) of the Job Training and Partnership Act is 29 USC 1695. amended by deleting "or parole" the first place it appears and substituting ", parole, or supervised release". SEC. 232. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended as follows: (a) Section 341(a) (42 U.S.C. 257(a)) is amended by deleting "or convicted of offenses against the United States and sentenced to •,; treatment" and "addicts who are committed to the custody of the Attorney General pursuant to provisions of the Federal Youth Corrections Act (chapter 402 of title 18 of the United States Code),". (b) Section 343(d) (42 U.S.C. 259(d)) is amended by adding "or supervised release" after "parole". SEC. 232A. Section 902 of the Federal Aviation Act of 1958 (49 U.S.C. 1472) is amended by inserting "notwithstanding the provi- 49 USC app. sions of 18 U.S.C. 3559(b)," before the term " i f in paragraphs 1472. (i)(l)(B) and (n)(l)(B). SEC. 233. Section 11507 of title 49, United States Code, is amended by adding ", supervised release," after "parole". SEC. 234. Section 10(b)(7) of the Military Selective Service Act (50 U.S.C. App. 46003X7)) is amended by deleting "parole" and substituting "release". EFFECTIVE DATE

SEC. 235. (a)(1) This chapter shall take effect on the first day of the first calendar month beginning twenty-four months after the date of enactment, except that— (A) the repeal of chapter 402 of title 18, United States Code, shall take effect on the date of enactment; (B)(i) chapter 58 of title 28, United States Code, shall take effect on the date of enactment of this Act or October 1, 1983, whichever occurs later, and the United States Sentencing Commission shall submit the initial sentencing guidelines promulgated to section 994(a)(l) of title 28 to the Congress within eighteen months of the effective date of the chapter; and (ii) the sentencing guidelines promulgated pursuant to section 994(a)(l), and the provisions of sections 3581, 3583, and 3624 of

18 USC 3551 "ot^. 18 USC 5005 et seq. ^^f^^'f^yj " ^' P Ante, p. 2019.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/872

 98 STAT. 2032 Ante, pp. 1998, 1999, 2008. Report.

Ante, p. 2030. Ante, p. 2018.

18 USC 4201 et seq. 18 USC 4161 et seq.

PUBLIC LAW 98-473—OCT. 12, 1984

title 18, United States Code, shall not go into effect until the day after— (I) the United States Sentencing Commission has submitted the initial set of sentencing guidelines to the Congress pursuant to subparagraph (B)(i), along with a report stating the reasons for the Commission's recommendations; (II) the General Accounting Office has undertaken a study of the guidelines, and their potential impact in comparison with the operation of the existing sentencing and parole release system, and has, within one hundred and fifty days of submission of the guidelines, reported to the Congress the results of its study; and (III) the Congress has had six months after the date described in subclause (I) in which to examine the guidelines and consider the reports; and (IV) the provisions of sections 227 and 228 shall take effect on the date of enactment. (2) For the purposes of section 992(a) of title 28, the terms of the first members of the United States Sentencing Commission shall not begin to run until the sentencing guidelines go into effect pursuant to paragraph (l)(B)(ii). (b)(1) The following provisions of law in effect on the day before the effective date of this Act shall remain in effect for five years after the effective date as to an individual convicted of an offense or adjudicated to be a juvenile delinquent before the effective date and as to a term of imprisonment during the period described in subsection (a)(l)(B): (A) Chapter 311 of title 18, United States Code. (B) Chapter 309 of title 18, United States Code. (C) Sections 4251 through 4255 of title 18, United States Code. (D) Sections 5041 and 5042 of title 18, United States Code. (E) Sections 5017 through 5020 of title 18, United States Code, as to a sentence imposed before the date of enactment. (F) The maximum term of imprisonment in effect on the effective date for an offense committed before the effective date. (G) Any other law relating to a violation of a condition of release or to arrest authority with regard to a person who violates a condition of release. (2) Notwithstanding the provisions of section 4202 of title 18, United States Code, as in effect on the day before the effective date of this Act, the term of office of a Commissioner who is in office on the effective date is extended to the end of the five-year period after the effective date of this Act. (3) The United States Parole Commission shall set a release date, for an individual who will be in its jurisdiction the day before the expiration of five years after the effective date of this Act, that is within the range that applies to the prisoner under the applicable parole guideline. A release date set pursuant to this paragraph shall be set early enough to permit consideration of an appeal of the release date, in accordance with Parole Commission procedures, before the expiration of five years following the effective date of this Act. (4) Notwithstanding the other provisions of this subsection, all laws in effect on the day before the effective date of this Act pertaining to an individual who is— (A) released pursuant to a provision listed in paragraph (1); and

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Page:United States Statutes at Large Volume 98 Part 2.djvu/873

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2033

(B)(i) subject to supervision on the day before the expiration of the five-year period following the effective date of this Act; or (ii) released on a date set pursuant to paragraph (3); including laws pertaining to terms and conditions of release, revocation of release, provision of counsel, and payment of transportation costs, shall remain in effect as to the individual until the expiration of his sentence, except that the district court shall determine, in accord with the Federal Rules of Criminal Procedure, whether release should be revoked or the conditions of release amended for violation of a condition of release. (5) Notwithstanding the provisions of section 991 of title 28, United States Code, and sections 4351 and 5002 of title 18, United States Code, the Chairman of the United States Parole Commission or his designee shall be a member of the National Institute of Corrections, and the Chairman of the United States Parole Commission shall be a member of the Advisory Corrections Council and a nonvoting member of the United States Sentencing Commission, ex officio, until the expiration of the five-year period following the effective date of this Act. Notwithstanding the provisions of section 4351 of title 18, during the five-year period the National Institute of Corrections shall have seventeen members, including seven ex officio members. Notwithstanding the provisions of section 991 of title 28, during the five-year period the United States Sentencing Commission shall consist of nine members, including two ex officio, nonvoting members. SEC. 236. (a)(1) Four years after the sentencing guidelines promulgated pursuant to section 994(a)(l), and the provisions of sections 3581, 3583, and 3624 of title 18, United States Code, go into effect, the General Accounting Office shall undertake a study of the guidelines in order to determine their impact and compare the guidelines system with the operation of the previous sentencing and parole release system, and, within six months of the undertaking of such study, report to the Congress the results of its study. (2) Within one month of the start of the study required under suibsection (a), the United States Sentencing Commission shall submit a report to the General Accounting Office, all appropriate courts, the Department of Justice, and the Congress detailing the operation of the sentencing guideline system and discussing any problems with the system or reforms needed. The report shall include an evaluation of the impact of the sentencing guidelines on prosecutorial discretion, plea bargaining, disparities in sentencing, and the use of incarceration, and shall be issued by affirmative vote of a nimority of the voting members of the Commission. Qy) The Congress shall review the study submitted pursuant to subsection (a) in order to determine— (1) whether the sentencing guideline system has been effective; (2) whether any changes should be made in the sentencing guideline system; and (3) whether the parole system should be reinstated in some form and the life of the Parole Commission extended. SEC. 237. (a)(1) Except as provided in paragraph (2), for each criminal fine for which the unpaid balance exceeds $100 as of the effective date of this Act, the Attorney General shall, within one hundred and twenty days, notify the person by certified mail of his obligation, within thirty days after notification, to— (A) pay the fine in full;

18 USC app.

Ante, p. 2017.

Study. -i '^ Report. 28 USC 994 note. Ante, p. 2019. Ante, pp. 1998, 1999, 2008.

Report.

Penalties. 18 USC 3612 note.

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