A bill to improve Federal criminal sentencing by imprisoning dangerous and violent offenders and by diverting non-violent offenders from imprisonment to restitution or community service programs.
Sentencing Improvement Act of 1983 - Amends the Federal criminal code to declare that imprisonment is an appropriate sanction for offenders who demonstrate by their offense or by their criminal history that they present a danger to society. States that imprisonment is inappropriate where the court finds that the offense does not involve the threat or use of force, endanger national security or threaten or cause serious physical harm to others.
Requires a court, when imprisonment, fine, and probation are inappropriate, to direct the defendant to make restitution or perform community service. Entitles the ascertainable victim to receive restitution, or if no victim is known, allows the defendant to contribute to the Treasury an amount not exceeding the value of his or her gain from the commission of the crime. Authorizes the Treasurer of the United States to hold such moneys in a Victim Fund.
Defines the nature of the sentence of community service. Allows the defendant to perform a specified number of hours of free service to governmental, charitable, or volunteer agencies.
Allows for the modification or waiver of payment or performance of an alternative sentence upon petition by the defendant or a victim.
Establishes a list of considerations the court must make in determining restitution or community service, such as: (1) the relative seriousness of the offense; (2) the defendant's employment obligations; and (3) the defendant's criminal history.
Requires either the United States Sentencing Commission or the General Accounting Office to report to Congress on the effectiveness of this Act.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Referred to Subcommittee on Criminal Law.
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