[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]


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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.

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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]
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