Sentencing Revision Act of 1984

Summary

Sentencing Revision Act of 1984 - Amends the Federal criminal code to set forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation (with or without supervision), to be fined, or ordered to make restitution. 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. Requires a presentence hearing (except when the only sentence imposed is a fine of less than $250) to resolve issues of fact which are essential to the sentencing decision. Authorizes the court to permit the parties to subpoena and cross-examine witnesses. Permits the court to commit a defendant to the Attorney General's custody for a special study to aid in sentencing. Prohibits the court from considering the defendant's need for education, vocational training, or correctional treatment as a justification for imposing any term of imprisonment. Allows the court to designate a defendant as a youthful offender if such defendant is under 21 years of age and would benefit from placement in a residential community treatment center. Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Authorizes a fine to be levied for up to twice the gross gain derived or loss caused by the offense. Provides a procedure for the collection of such fine. Authorizes imposition of a term of probation for all felonies and misdemeanors. Requires as mandatory conditions of probation that the defendant: (1) not commit another Federal or State crime; and (2) make restitution if practical. Enumerates 14 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. Sets forth revocation procedures for violations of a sentence of probation. Provides that a defendant who is found guilty of an offense may be ordered to make restitution. Establishes a special notice rule under which a defendant may be ordered to notify readily identifiable victims of fraud or other intentionally deceptive practices for purposes of restitution. Revises parole provisions of current law. Places limitations on certain restrictions against participation by convicted persons in federally provided benefits programs or certain federal activities such as voting or employment with a Federal, State, or local government agency. Repeals the Federal Youth Corrections Act. Sets forth new procedures with regard to treatment for narcotic addicts. Requires the Judicial Conference of the United States to collect and analyze information regarding the sentences imposed on criminal offenders in the District Courts of the United States.

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Documents

2 official files

• Reported to House with amendment(s)

  summary · EN · 13 September 1984

  Open at official source

• Introduced in House

  summary · EN · 24 July 1984

  Open at official source

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