[Federal Register Volume 61, Number 196 (Tuesday, October 8, 1996)]
[Notices]
[Pages 52825-52826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25366]
[[Page 52825]]
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UNITED STATES SENTENCING COMMISSION
Rules of Practice and Procedure
Editorial Note. This document was originally published at 61 FR
51738, October 3, 1996, and is being reprinted in its entirety
because of typesetting errors.
AGENCY: United States Sentencing Commission.
ACTION: Notice of proposed rules of practice and procedure. Request for
public comment.
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SUMMARY: Pursuant to its authority under 995(a)(1) of title 28, United
States Code, the Sentencing Commission is considering the promulgation
of internal rules of practice and procedure. Proposed rules were
published on July 29, 1996 with comment due on November 1, 1996. 61 FR
39493-96. Pursuant to the same authority, the Commission is considering
additional provisions to those rules that are set forth below. The
Commission invites comment on these proposed rules.
DATES: Written comment on the previously published draft rules and
these revised supplemental provisions should be submitted to Michael
Courlander, Public Information Specialist, no later than December 16,
1996. It should be noted that this deadline represents an extension of
time for comment on the draft rules published in July.
ADDRESSES: Comments should be sent to: United States Sentencing
Commission, One Columbus Circle, N.E., Suite 2-500, South Lobby,
Washington, D.C. 20002-8002, Attention: Public Information.
FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Information
Specialist, Telephone: (202) 273-4590.
SUPPLEMENTARY INFORMATION: Section 995(a)(1) of title 28 authorizes the
U.S. Sentencing Commission, an independent agency in the judicial
branch of the United States Government, to establish general policies
and promulgate rules and regulations for the Commission as necessary to
carry out the purposes of the Sentencing Reform Act of 1984.
The new provisions contained herein address moving to a two-year
cycle for guideline amendments, rules for decisions on retroactivity of
proposed amendments, and reconsideration of amendments. The entire set
of rules of practice and procedure are designed to facilitate public
understanding and participation in the work of the Sentencing
Commission. For the most part, these rules do not represent a
substantive change in the way the Commission has traditionally
conducted its business. These rules are not intended to enlarge the
rights of any person sentenced under the guidelines promulgated by the
Commission or otherwise create any private right of action.
Authority: 28 U.S.C. 995(a)(1).
Richard P. Conaboy,
Chairman.
Revised Rules of Practice and Procedure
The following are the previously published draft rules that are
proposed to be modified. Changes are noted in italics.
Rule 2.2 Voting Rules for Action by the Commission
Except as otherwise provided in these rules or by law, action by
the Commission requires the affirmative vote of a majority of the
members at a public meeting at which a quorum is present. A quorum
shall consist of a majority of the members then serving. Members shall
be deemed ``present'' and may participate and vote in public meetings
from remote locations by electronic means, including, but not limited
to, telephone, satellite and video conference devices.
Promulgation of guidelines, policy statements, official commentary,
and amendments thereto shall require the affirmative vote of at least
four members at a public meeting. See 28 U.S.C. 994(a).
Publication of proposed amendments to guidelines, policy
statements, or official commentary in the Federal Register to solicit
public comment shall require the affirmative vote of at least three
members at a public meeting. Similarly, the decision to instruct staff
to prepare a retroactivity impact analysis for a proposed amendment
shall require the affirmative vote of at least three members at a
public meeting.
Action on miscellaneous matters may be taken without a meeting
based on the affirmative vote of a majority of the members then serving
by written or oral communication. Such matters may include, but are not
limited to, the approval of budget requests, legal briefs, staff
reports, analyses of legislation, and administrative and personnel
issues.
A motion to reconsider Commission action may be made only by a
Commissioner who was on the prevailing side of the vote for which
reconsideration is sought, or who did not vote on the matter. Four
votes are necessary to reconsider a Commission vote on any question on
which a four-vote majority is required.
Rule 5.1 Promulgation of Amendments
The Commission may promulgate and submit to Congress amendments to
the guidelines between the beginning of a regular session of Congress
and the first day of May that year. Amendments shall be accompanied by
a brief explanation or statement of reasons for the amendments. Unless
otherwise specified, or unless Congress legislates to the contrary,
amendments submitted for review shall take effect on the first day of
November of the year in which submitted. 28 U.S.C. 994(p).
The Commission may promulgate amendments at other times pursuant to
special statutory enactment (e.g., the ``emergency'' amendment
authority under section 730 of the Antiterrorism and Effective Death
Penalty Act of 1996).
Amendments to policy statements and commentary may be promulgated
and put into effect at any time. However, to the extent practicable,
the Commission shall endeavor to include amendments to policy
statements and commentary in any submission of guideline amendments to
Congress and put them into effect on the same November 1 date as any
guideline amendments issued in the same year.
Except as necessary to implement enacted legislation or to address
other matters determined by the Commission to be urgent and compelling,
the Commission shall, after May 1, 1997, promulgate or amend the
guidelines no more frequently than biennially. No amendments shall be
issued in the annual amendment cycle beginning on May 2, 1997 except as
provided in this rule.
Generally, promulgated amendments will given prospective
application only. However, in those cases in which the Commission
considers an amendment for retroactive application to previously
sentenced, imprisoned defendants, it shall decide whether to make the
amendment retroactive at the same meeting at which it decides to
promulgate the amendment. Prior to final Commission action on the
retroactive application of an amendment, the Commission shall review
the retroactivity impact analysis prepared pursuant to Rule 2.2, supra.
Rule 5.4 Federal Register Notice of Proposed Amendments
As stated in Rule 2.2, supra, upon the affirmative vote of three
voting members, the Commission may authorize publication in the Federal
Register of a proposed amendment to a guideline, policy statement, or
official commentary. A vote to publish shall be
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deemed to be a request for public comment on the proposed amendment. At
the same time the Commission votes to publish proposed amendments for
comment, it shall request public comment on whether to make any
amendments retroactive. As stated in Rule 5.1, supra, generally,
amendments will be given prospective application only.
The notice of proposed amendments also shall provide, where
appropriate and practicable, reasons for consideration of amendments, a
summary of or reference to information that is relevant to the
issue(s), and whether the Commission possesses information on the
issue(s) that is publicly available. In addition, the publication
notice shall include a deadline for public comment and may include a
notice of any scheduled public hearing(s) or meetings on the issue(s).
In the case of proposed amendments to guidelines or issues for
comment that form the basis for possible guidelines amendments, to the
extent practicable, there shall be a minimum period of public comment
of at least 60 calendar days prior to final Commission action on the
proposed amendments.
[FR Doc. 96-25366 Filed 10-2-96; 8:45 am]
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