Criminal Sentencing Reform Act of 1981

Summary

Criminal Sentencing Reform Act of 1981 - Amends the Federal criminal code to establish as an independent body in the judicial branch the United States Sentencing Commission, to establish sentencing policies and practices for the Federal criminal justice system. Directs the Commission to promulgate: (1) sentencing guidelines including sentencing ranges for categories of offenses and defendants; and (2) general policy statements regarding application of the guidelines. Charges the Commission with assuring that the guidelines specify a substantial term of imprisonment for defendants who: (1) have a history of two or more Federal or State felony convictions; (2) committed the offense as part of a pattern of criminal conduct from which he derived substantial income; (3) committed the offense in furtherance of a conspiracy with three or more persons engaged in a racketeering activity in which the defendant participated in a managerial capacity; or (4) committed a crime of violence constituting a felony while on pretrial or post-trial release. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the Commission and the need to avoid sentencing disparities among defendants with similar records. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately taken into consideration by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Permits in a felony case, unless contrary to a plea agreement, a defendant to appeal a sentence greater than the maximum allowed under the Commission's guidelines. Permits the Government, with the personal approval of the Attorney General or the Solicitor General, to appeal a sentence less than the applicable minimum. Eliminates parole and the current good time allowance provisions with respect to any person convicted of an offense after the effective date of this Act. Retains such provisions with respect to any person convicted before such date for a five year period. Permits a sentence of a term of imprisonment exceeding one year to be adjusted by 36 days at the end of each year for satisfactory compliance with institutional disciplinary regulations.

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1 official file

• Introduced in Senate

  summary · EN · 31 July 1981

  Open at official source

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