Sentencing Act of 1984

Summary

Sentencing 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. Specifies factors that the court must consider in determining what sentence to impose, including: (1) the nature and circumstances of the offense; (2) the purpose of sentencing; (3) applicable sentencing guidelines; and (4) sentencing options (including alternatives to imprisonment). Requires the court to impose a sentence that accords with the applicable guidelines unless the court finds that a departure from the guidelines is warranted. Requires the court to impose a sentence without unreasonable delay and to consider the following sentencing options: (1) probation; (2) restitution; or (3) fines. 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. Allows the court to commit the defendant to the custody of the Attorney General in order to study the suitability of the prisoner for supervised release. Authorizes the imposition of a term of probation, unless the defendant is at the same time ordered imprisoned for the same or a different offense. Requires as a mandatory condition of probation that a defendant not commit another crime and make restitution unless the court determines that restitution is impractical. Lists other conditions which may be imposed by the court. Authorizes the ordering of any defendant found guilty of any offense to make restitution. Sets forth methods for making restitution and special rules regarding the imposition of orders to make restitution. Establishes a special notice rule for any defendant who has been found guilty of an offense involving fraud or other intentionally deceptive practices to assist the court in identifying victims of the offense. Authorizes appellate review of sentences. Allows the court of appeals to vacate the sentence if the sentence was imposed in violation of the laws or Constitution of the United States or if such sentence is unreasonable. Establishes a Sentencing Guidelines Commission within the Judicial Conference of the United States. Directs the Commission to recommend sentencing guidelines to the Judicial Conference. Directs 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 certainly 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. Eliminates the parole system. Provides a program of supervised release for prisoners sentenced to a term of imprisonment of more than one year. Establishes as an independent agency in the Department of Justice the Board of Imprisonment to carry out a program of supervised release. Requires the Judicial Conference of the United States and the Board of Imprisonment to submit joint reports evaluating the sentencing guidelines and the need for supervised release. Places certain restrictions against participation by convicted persons in federally-provided benefits programs and places limitations on certain Federal activities such as voting or employment with a Federal, State, or local government agency. Repeals the Federal Youth Corrections Act.

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Timeline

1. 31 January 1984

   Introduced

   Read twice and referred to the Committee on Judiciary.

   Source: IntroReferral

2. 31 January 1984

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

• Introduced in Senate

  summary · EN · 31 January 1984

  Open at official source

Sponsors

• Sen. Hart, Gary W. [D-CO] · D · Sponsor
• · ssju00 · Standing

Related records

• related to → Sentencing Act of 1983