Sentencing Revision Act of 1984

(Reported to House from the Committee on the Judiciary with amendment, H. Rept. 98-1017)

Sentencing Revision Act of 1984 - Amends the Federal criminal code to set forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation (with or without supervision), to be fined, or ordered to make restitution. Requires the court to: (1) impose the least severe measure necessary to achieve the purposes of sentencing; and (2) state on the record the reasons for imposing a particular sentence. Directs the court to impose a sentence that accords with the applicable sentencing guidelines unless a departure from the guidelines is warranted.

Requires a presentence hearing (except when the only sentence imposed is a fine of less than $250) to resolve issues of fact which are essential to the sentencing decision. Authorizes the court to permit the parties to subpoena and cross-examine witnesses. Permits the court to commit a defendant to the Attorney General's custody for a special study to aid in sentencing.

Prohibits the court from considering the defendant's need for education, vocational training, or correctional treatment as a justification for imposing any term of imprisonment. Allows the court to designate a defendant as a youthful offender if such defendant is under 21 years of age and would benefit from placement in a residential community treatment center.

Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Authorizes a fine to be levied for up to twice the gross gain derived or loss caused by the offense. Provides a procedure for the collection of such fine.

Authorizes imposition of a term of probation for all felonies and misdemeanors. Requires as mandatory conditions of probation that the defendant: (1) not commit another Federal or State crime; and (2) make restitution if practical. Enumerates 14 discretionary conditions. Permits a court to require as a condition the disqualification of a director or officer of a business if the offense arises out of his or her employment.

Sets forth revocation procedures for violations of a sentence of probation.

Provides that a defendant who is found guilty of an offense may be ordered to make restitution. Establishes a special notice rule under which a defendant may be ordered to notify readily identifiable victims of fraud or other intentionally deceptive practices for purposes of restitution.

Retains the provisions allowing the government to make appeals in criminal cases. Permits an appeal by either the United States or the defendant if the sentence: (1) resulted from incorrect application of a sentencing guideline; (2) was not imposed in accordance with the Federal Rules of Criminal Procedure; or (3) otherwise violates the Constitution or laws of the United States.

Establishes a Sentencing Guidelines Commission within the Judicial Conference of the United States. Directs the Commission to recommend sentencing guidelines to the Judicial Conference. Directs the Judicial Conference to prescribe sentencing guidelines for Federal courts to use in determining appropriate sentences. States that the purpose of such guidelines is to: (1) promote fairness and certainty in sentencing; (2) eliminate unwarranted disparity in sentencing; and (3) improve the administration of justice. Provides that guidelines shall take into account the nature and circumstances of the offense and the history and characteristics of the defendant.

Eliminates the parole system. Provides a program of supervised release for prisoners sentenced to a term of imprisonment of more than one year.

Establishes as an independent agency in the Department of Justice the Board of Imprisonment to carry out a program of supervised release.

Requires the Judicial Conference of the United States and the Board of Imprisonment to submit joint reports evaluating the sentencing guidelines and the need for supervised release.

Places limitations on certain restrictions against participation by convicted persons in federally-provided benefits programs or certain federal activities such as voting or employment with a Federal, State, or local government agency.

Repeals the Federal Youth Corrections Act.

Sets forth new procedures with regard to treatment for narcotic addicts.