Criminal Code Sentencing Act of 1981

Summary

Criminal Code Sentencing Act of 1981 - Amends the Federal criminal code to establish new sentencing provisions. Sets forth the general purposes of sentencing. Specifies factors to be considered by a sentencing court. Requires the court to: (1) impose the least severe measure necessary to achieve the purposes of sentencing and; (2) state on the record the reasons for imposing a particular sentence. Permits an individual to be sentenced to a term of imprisonment, conditional discharge or probation and to receive additional sanctions, including: (1) a fine; (2) an order of notice to victims of crimes involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Requires as mandatory conditions of probation that the defendant: (1) not commit another Federal or State crime; and (2) make restitution if practical. Enumerates 18 discretionary conditions. Permits a court to require as a condition the disqualification of a director or officer of a business if the offense arises out of his or her employment. Requires presentence hearings to resolve issues of fact that are essential to the sentencing decision. Permits the parties to subpoena and cross-examine witnesses. Sets forth revocation procedures for violations of a sentence of conditional discharge, probation, or restitution. Authorizes a fine to be levied for up to twice the gross gain derived or loss caused by the offense. Enumerates the duties of probation officers. Authorizes an officer to arrest a defendant who violates a condition of probation by committing a Federal or State offense in the officer's presence.

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1 official file

• Introduced in House

  summary · EN · 16 September 1981

  Open at official source

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