Sentencing Guidelines for United States Courts

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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