Sentencing Reform Act of 1983

Summary

Sentencing Reform Act of 1983 - Amends the Federal criminal code to establish a Committee on Sentencing Guidelines (Committee) within the Judicial Conference of the United States. Directs the Committee to recommend sentencing guidelines to the Judicial Conference. Requires the Judicial Conference to prescribe sentencing guidelines for Federal courts to use in determining appropriate sentences. States that the purpose of such guidelines is to: (1) promote fairness and certainty in sentencing; (2) eliminate unwarranted disparity in sentencing; and (3) improve the administration of justice. Provides that guidelines shall take into account the nature and circumstances of the offense and the history and characteristics of the defendant. Requires the Court to impose a sentence within the guidelines unless the court finds that for the purpose of this sentencing scheme it would be best to depart from such guidelines. Requires the court to hold a hearing to receive any information necessary to assist the court in the sentencing decision. Allows the defendant and counsel opportunity to address the court. Provides for the disclosure of the presentence report a reasonable time before the hearing. Directs the court when imposing a sentence to state the specific reasons for imposing a particular sentence and specify the applicable guidelines. Permits the reconsideration of sentences of certain offenders when a guideline is amended in the direction of leniency. Authorizes appellate review of sentences. Allows either party to an appeal on the grounds that the sentence resulted from the incorrect application of the guidelines, that it was imposed in violation of the sentencing procedures or in violation of the Constitution or laws of the United States. Revises the parole procedures. Repeals the criminal provisions in the Narcotic Addict Rehabilitation Act. Amends the Federal Youth Corrections Act to eliminate the indeterminate sentence. Deletes language in the Juvenile Delinquency Act that indicates that juvenile delinquents are to be released on parole under the same criteria that are currently applied to adults. Revises procedures regarding release pending appeal of a sentence. Amends the Federal Rules of Criminal Procedure to provide for a delay of ten days in the entry of judgment after a sentence has been announced.

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1 official file

• Introduced in Senate

  summary · EN · 28 April 1983

  Open at official source

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