[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Notices]
[Pages 49316-49317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23552]



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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 statutory continuing responsibility to analyze 
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 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 October 31, 
1995, to be considered by the Commission in shaping its work during the 
next year.

ADDRESSES: Send comments to: United States Sentencing Commission, One 
Columbus Circle, N.E., Suite 2-500 South, Washington, D.C. 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 agency in the judicial branch of the United States 
Government, is empowered by 28 U.S.C. Sec. 994(a) to promulgate 
sentencing guidelines and policy statements for federal sentencing 
courts. The statute further directs the Commission to periodically 
review and revise guidelines previously promulgated and authorizes it 
to submit guideline amendments to the Congress no later than the first 
day of May each year. See 28 U.S.C. Sec. 994(o), (p).
    As in previous years, the Commission uses this announcement to 
solicit 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 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.
    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.
     Measuring the Success of the Guidelines: A staff working 
group, under the direction of an outside consultant, has undertaken a 
number of projects that will measure the success of the guidelines in 
meeting the goals set forth in the Sentencing Reform Act. Projects 
related to just punishment, recidivism, and selective incapacitation 
are well underway. Other projects will examine offense seriousness, 
real-offense sentencing, judicial discretion, criminal history, 
alternatives to incarceration, and disparity.
     Guideline Simplification and Modification: A staff working 
group, under the direction of an outside consultant, will focus on 
simplifying and improving the guidelines. This effort will be informed 
substantially by the work, discussed above, measuring the success of 
the guidelines. In accordance with 28 U.S.C. Sec. 994 (o), (p), and 
(x), the Commission intends that this process will involve consultation 
with a wide variety of interested groups and individuals. The 
Commission has prepared the following purpose statement for this 
working group:

Working Group on Guideline Simplification: Purpose Statement

I. Introduction

    The Sentencing Commission, at its May meeting, identified 
comprehensive review of the federal guidelines system as a top agency 
priority. The Commission is well positioned to undertake this task, 
given the vast amounts of information available from the more than 
225,000 cases sentenced under the guidelines during the past eight 
years, numerous appellate opinions issued on various guidelines issues, 
the growing body of academic literature and public comment, and the 
extensive empirical analysis of the guidelines conducted to date.
    This purpose statement outlines the working group's proposed scope 
of inquiry and methodology.

II. Working Group Mandate

    The objective of the working group's comprehensive review of the 
guidelines is twofold: 1) to reduce the complexity of guideline 
application (``simplification''); and 2) to improve federal sentencing 
by working closely with the judiciary and others to refine the 
guidelines (revisiting the balance of judicial flexibility/discretion 
and the availability of alternative punishments). The group will 
comprehensively and aggressively assess each major section of the 
guidelines, critique application complexities, and develop options for 
Commission consideration. Complexity is viewed as the source of 
confusion and frustration in guideline application. Moreover, this 
confusion results in unreliable application and judicial resistance--
two outcomes that undermine the effectiveness of the guidelines.
    Guideline complexity derives, in part, from fundamental decisions 
made by the original Commission in its effort to meet the Sentencing 
Reform Act's twin goals of: 1) assuring that the purposes of sentencing 
are met (i.e., just punishment, deterrence, incapacitation, and 
rehabilitation); and 2) providing certainty and fairness in meeting the 
purposes of sentencing while avoiding unwarranted disparities between 
similarly situated defendants (see 28 U.S.C. Sec. 991(b)(1)). To ensure 
that the ramifications of all options for change are clear, the group 
will highlight the broader policy implications of its proposals (e.g., 
its effect on proportionality or a judge's ability to individualize 
sentences).

III. Methodology

    The working group proposes the following strategy to assist 
commissioners in their deliberations on how they might simplify and 
improve the guidelines system. The group will prepare concise issue 
papers on major guideline topics to provide a foundation for Commission 
consideration of relevant issues and possible sentencing models. Each 
paper will:
     Review the history behind the original policy decision so 
as to ensure that the Commission is sensitive to the underlying 
principles and the impact of any revisions on these principles;
     Assess how the particular guideline is working (e.g., 
application complexities; frequency of use identified through 
monitoring data);
     Summarize information needs that might reasonably assist 
the 

[[Page 49317]]
Commission's decision making on the topic; and
     Outline broad options for refinement.
    These papers will provide sound bases for commissioners, staff, and 
the public to understand the current guidelines and assess any 
proposals for change.
    The group is currently drafting issue papers on the following 
topics:

1. Sentencing Reform Act (and subsequent sentencing legislation)
2. Drafting process used by initial Commission; major changes since 
that time
3. Real offense sentencing (Relevant Conduct)
4. Criminal history
5. Level of detail (specific offense characteristics)
6. Chapter Three adjustments
7. Departures/offender characteristics
8. Sentencing table/sentencing ranges
9. Availability of probation/split sentences (alternatives)
10. Multiple counts

    This methodology will enable staff to provide the Commission the 
full range of options for reviewing and revising the guidelines. In its 
review, the working group will examine how state guideline systems have 
addressed issues that judges and practitioners have found particularly 
complex in the federal system. In addition, the group will consult 
closely with judges and practitioners and solicit a wide variety of 
public comment from the Criminal Law Committee of the Judicial 
Conference, Practitioners' and Probation Officers' Advisory Groups, 
Department of Justice, Federal and Community Defenders, and others. 
Finally, the working group will analyze all responsible suggestions for 
guideline reform from outside individuals and groups.
    The simplification process should be developmental and done with 
caution because significant changes may result in unforeseen anomalies. 
Therefore, it is important that as the simplification working group 
develops proposals it ensures that the proposals: 1) be consistent with 
the Sentencing Reform Act; 2) be sensitive to case law; and 3) be aware 
of the underlying premises that the previous Commission used in 
developing the guidelines. This caution will ensure that the guidelines 
are an evolving set of standards that change as information and 
experience buttresses the need for change.
     Evaluation of Commission Staff Resources: The Commission 
has begun a program to measure the use of staff resources as presently 
allocated and to explore changes to the current staff resource 
allocation. This review is examining present procedures and processes 
to improve efficiency and determine strengths and weaknesses in various 
Commission functional components.
     Organizational Guidelines for Environmental Offenses: 
Development of fine guidelines for organizational defendants convicted 
of environmental offenses remains under consideration; however, the 
Commission expects that the guideline assessment and simplification 
efforts set forth above will receive priority attention.
     Substantial Assistance Working Group: This ongoing working 
group has recently completed the data collection portion of its study 
effort. The group is expecting to issue a report this fall.
     Implementation of Crime-related Legislation: The Congress 
is now considering legislation concerning terrorism, firearms, and 
other crime-related issues. The Commission will move promptly to 
implement any enacted legislation affecting criminal penalties through 
the promulgation of necessary guideline amendments or other actions as 
appropriate.
     Miscellaneous Issues: The Commission expects to propose 
for comment amendments to the food and drug guidelines. Amendments 
addressing some of the more important guideline application issues 
involving conflicting court interpretations also may be considered.
    The Commission welcomes comments on the aforementioned priorities 
as well as any other aspect of guideline application or implementation 
of the Sentencing Reform Act.

    Authority: 28 U.S.C. Sec. 994 (a), (o), (p).
Richard P. Conaboy,
Chairman.
[FR Doc. 95-23552 Filed 9-21-95; 8:45 am]
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