[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16898]
[[Page Unknown]]
[Federal Register: July 13, 1994]
=======================================================================
-----------------------------------------------------------------------
UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Notice of priority areas for Commission research and amendment
study. Request for public comment.
-----------------------------------------------------------------------
SUMMARY: As part of its continuing analysis of sentencing issues,
including the operation of the federal sentencing guidelines, the
Commission has identified certain priorities as the principal focus of
its work in the coming year and, in some cases, beyond. Following the
practice of past years, the Commission invites comment on the
identified priorities (including the scope and manner of study,
particular problem areas and possible solutions, and any other matters
relevant to an identified priority). The Commission also invites
comment on any other aspect of guideline application that it should
address during the coming year.
DATES: Public comment should be received not later than August 31,
1994, to be considered by the Commission in shaping its work during the
next amendment cycle.
ADDRESSES: Send comment to: United States Sentencing Commission, One
Columbus Circle, NE., Suite 2-500, South Lobby, Washington, DC 20002-
8002, Attention: Public Information--Priorities Comment.
FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Information
Specialist, Telephone: (202) 273-4590.
SUPPLEMENTARY INFORMATION: The United States Sentencing Commission, an
independent commission in the judicial branch of the United States
Government, is empowered under 28 U.S.C. 994(a) to promulgate
sentencing guidelines and policy statements for federal sentencing
courts. The statute further directs the Commission to review and revise
promulgated guidelines periodically and authorizes it to submit
guideline amendments to the Congress not later than the first day of
May each year. See 28 U.S.C. 994(o), (p).
As in previous years, by this announcement the Commission begins
the amendment cycle by soliciting formal and informal comment regarding
certain areas upon which the Commission expects to concentrate its
attention during the coming year. This notice provides interested
persons with an early opportunity to inform the Commission of legal,
operational, or policy concerns within the identified areas relating to
the guidelines and to suggest specific solutions and alternative
approaches. In late 1994 or early 1995, the Commission expects to
publish in the Federal Register a formal notice of proposed amendments
and amendment issues and will invite comment on those proposals.
Following are the priority areas for amendment study, research, or
other planned actions identified by the Commission. Where possible, a
general timeframe for the initiative is indicated. These timeframes
should be considered subject to change as the Commission deems
necessary.
Implementation of the 1994 crime bill directives--
Implementation of the crime bill (expected to be finalized by Congress
in the summer of 1994) will be the Commission's most time-sensitive
project. A substantial number of provisions in the bill can be expected
to require Commission attention, some involving proposed guideline
amendments and others entailing study, e.g., a study of crack and
powder cocaine. The Commission expects these implementation efforts to
be its top priority, with an anticipated completion date of December 1,
1994, or as directed by the statute.
Comprehensive review and revision of the drug offense
guidelines--Based on Commission discussion of amendments, continuing
issues in the courts, and debate on the 1994 crime bill, it is clear
that the sentences of drug offenders, who represent nearly 50 percent
of defendants in federal courts, remain a major issue of concern. In
particular, the appropriate weight to assign to drug quantity in
relation to other factors, such as role and violence, remains a
critical issue for Commission investigation in the upcoming amendment
cycle.
Symposium on organizational guidelines--At Commission
direction, a staff working group is creating an agenda for a symposium/
workshop on organizational guidelines. The completed agenda with
proposed program participants will be submitted to the Commission at
its September meeting.
Implementation of the new ASSYST and Automated Order of
Judgment in a Criminal Case computer programs--These programs will
reach the field implementation stage in the coming year. Field testing
of the Automated Order of Judgment in a Criminal Case began in June
1994. An updated version of ASSYST (a computer program to help users
apply the guidelines) will be ready for field distribution in October
1994.
Real offense conduct data collection--The 1994 Annual
Report will include information from the Commission's newly developed
real offense conduct module now undergoing final testing and
development.
Substantial assistance working group--This ongoing working
group will proceed immediately with the data collection portion of its
study effort. A preliminary report should be submitted to the
Commission in December 1994.
Comprehensive guideline simplification--A long-term staff
working group will focus on simplification of the guidelines. The
working group will develop a plan for Commission consideration by
December 1, 1994.
Plea bargaining--The Commission's Office of Policy
Analysis will design a follow-up study of the results reported by
Commissioner Ilene H. Nagel and Professor Stephen Schulhofer, examining
changes that have occurred since the conclusion of their study. This
new study, in combination with the Commission's guideline evaluation
work and the Nagel/Schulhofer findings, should form the basis for a
reassessment of the initial policy statements in Chapter Six of the
Guidelines Manual. The research design should be complete by January 1,
1995.
Just punishment study--Data collection for the
Commission's statutorily directed study of the just punishment purpose
of sentencing has been completed. The complete report should be
received by the Commission by January 1, 1995.
Crime mix study--A crime mix study by the Commission's
research staff examined the nature of offenses occurring over the past
several years. The research question asks whether criminal offenses and
offenders have become more serious over time, thus providing additional
explanation for the increase in incarceration rates. Data collection is
complete, and the report is in the drafting stage. The Commission
expects to receive a final draft of the report by September 30, 1994.
Review of policy statements for revocation of probation
and supervised release (Chapter Seven of the Guidelines Manual)--
Anticipating the passage of legislation as part of the crime bill to
address a number of problem areas affecting revocation of probation and
supervised release, the Commission expects to begin a review of the
revocation policy statements to determine whether they should be
promulgated as guidelines. Toward that end, the Commission expects to
increase efforts during the coming year to collect data from all
districts and assess how the policy statements are operating.
Joint Bureau of Prisons/Administrative Office/Federal
Judicial Center/Sentencing Commission group to study retroactivity
issues--The Judicial Conference Criminal Law Committee, at its June
meeting, authorized Federal Judicial Center staff to convene an
interagency group to examine a broad spectrum of issues related to
retroactivity of amended guidelines and resentencing, undoubtedly
bringing policy issues to the Commission and the Criminal Law Committee
for consideration at some future date.
Departures--In the summer of 1994 Commissioners Ilene
Nagel and Michael Gelacak are expected to submit a preliminary analysis
of departure decisions involving six judicial circuits.
Commission operating rules and procedures--As authorized
by statute and recommended by a number of groups, the Commission
intends to develop, publish for comment, and adopt additional internal
rules of procedure governing such matters as the conduct of Commission
meetings, the amendment process, and operation of advisory committees.
Preliminary work on these rules will begin immediately.
Geriatric offenders--Preliminary work is underway on
issues related to sentencing and sentence administration of geriatric
offenders. The Commission's Policy Analysis group will complete
preliminary data analysis within the next several months, and the
Commission will continue to work cooperatively with the Bureau of
Prisons on these issues.
Criminal history--Considerable research related to
criminal history currently is underway by the Commission to assist in
reevaluating original policy choices reflected in the criminal history
guidelines. Commission staff will report the results of various
relevant studies over the course of the coming year. The criminal
history guidelines will also be studied for ways to simplify them.
Organizational guidelines for environmental and food and
drug offenses--Guideline development for organizational defendants
convicted of environmental and food and drug offenses will proceed
deliberately pending appointment of a full slate of Commissioners.
The Commission welcomes comment about the aforementioned issues as
well as any other aspect of guideline application or implementation of
the Sentencing Reform Act.
William W. Wilkins, Jr.,
Chairman.
[FR Doc. 94-16898 Filed 7-12-94; 8:45 am]
BILLING CODE 2210-40-P