Sentencing Act of 1987

Summary

Federal Criminal Fines and Sentencing Act of 1987 - Title I: Sentencing Amendments - Sentencing Act of 1987 - Amends the Comprehensive Crime Control Act of 1984 and the Sentencing Reform Act of 1984 to make technical amendments with respect to: (1) the abolition of the United States Parole Commission; (2) procedures for appealing a sentence imposed by a magistrate; (3) reviewing sentences for which there are no applicable guidelines; (4) determining sentence guidelines for prisoners transferred to the United States; (5) petty offenses; and (6) the authority of the U.S. Sentencing Commission to promulgate temporary sentencing guidelines. Grants the Director of the Administrative Office of the United States Courts authority to contract for psychiatric aftercare. Title II: Criminal Fine Improvements - Criminal Fine Improvements Act of 1987 - Amends the Federal judicial code to require the Director of the Administrative Office of the United States Courts to establish procedures and mechanisms within the judicial branch for processing fines, restitution, forfeiture of bail bonds or collateral, and assessments. Amends the Federal criminal code to provide a five-year statute of limitations for the payment of special assessments. States that, for the purposes of imposing special assessments, offenses under the Assimilative Crimes Act shall be considered offenses against the United States. Defines "petty offense" as a Class B misdemeanor, a Class C misdemeanor, or an infraction. Sets forth the authorized fine levels for Federal offenses. Allows courts to impose alternative fines (up to twice the gain or loss) where a pecuniary gain or loss results from a criminal offense. States that fine levels set by this Act shall not apply where a substantive provision specifies a lesser fine. Sets forth factors to be considered when determining whether to impose a fine, and the amount and payment of such fines, which include: (1) the defendant's income; (2) any pecuniary loss inflicted upon others; (3) whether restitution is ordered; and (4) the need to deprive the defendant of illegally obtained gains. Requires the court to ensure that a fine or other financial penalty imposed does not impair the defendant's ability to make restitution. States that a judgment which includes a sentence to pay a fine shall be considered a final judgment, notwithstanding the fact that such fine can be modified, corrected, or appealed. Requires any person sentenced to pay a fine or other monetary payment to make such payment immediately, unless otherwise provided. Prohibits courts from imposing alternative sentences if a fine is not paid. Describes the responsibility for payment of monetary obligations relating to organizations. Authorizes courts to require security for stayed fines. States that fines are: (1) delinquent if payment is more than 30 days late; and (2) in default if payment is delinquent for more than 90 days. Authorizes the Government to remit or modify the payment of fines or special assessments if reasonable efforts to collect such fines or assessments are not likely to be effective. Establishes interim and permanent procedures for the receipt of fines and assessments. Sets forth procedures for computing: (1) the interest on fines; and (2) penalties for delinquent fines.

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Documents

4 official files

• Public Law (PDF)

  Public Law · EN · 8 December 1987

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• Passed House amended

  summary · EN · 16 November 1987

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• Passed Senate amended

  summary · EN · 28 October 1987

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• Introduced in Senate

  summary · EN · 27 October 1987

  Open at official source

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