Controlled Substances Sentencing Amendments of 1979

Summary

Controlled Substances Sentencing Amendments of 1979 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to establish mandatory minimum terms of imprisonment for the commission of certain offenses currently prohibited under such Acts. Increases such minimum terms if the defendant had been convicted previously of a felony. Authorizes a court to sentence an individual to a shorter term of imprisonment or parole ineligibility upon a finding of specified mitigating circumstances. Stipulates that the imposition or execution of a sentence under such Act: (1) may not include probation; (2) may not be suspended; (3) may not run concurrently; and (4) may not come under the provisions of the Federal Youth Corrections Act. Amends the Federal Rules of Criminal Procedure to require that a separate sentencing hearing be conducted when an individual is convicted of an offense for which a mandatory term of imprisonment is authorized under this Act. Directs a judicial officer, in setting the conditions of release pending trial, to consider whether a person charged with an offense under title I of this Act poses a threat to the community or will commit similar offenses. Authorizes such judicial officer to deny pretrial release to such individual upon a finding by clear and convincing evidence of specified aggravating circumstances in a separate hearing. Sets forth due process requirements for such hearings.

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Documents

1 official file

• Introduced in House

  summary · EN · 24 April 1979

  Open at official source

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