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FEDERAL SENTENCING PROCEDURE

WEDNESDAY, APRIL 30, 1958

SUBCOMMITTEE No. 3 OF THE
COMMITTEE ON THE JUDICIARY,
Washington, D. C.

The subcommittee No. 3 convened, pursuant to adjournment, in room 346, Old House Office Building, Washington, D. C., at 10:30 a. m., Hon. Edwin Willis (chairman of the subcommittee) presiding. Present: Representatives Willis (presiding), Libonati, Tuck, Taylor and Cramer.

Also present: Cyril F. Brickfield, counsel.

Mr. WILLIS. The subcommittee will please come to order.

Today we take up three bills, House Joint Resolution 424, to improve the administration of justice by authorizing the establishment of institutes and joint councils on sentencing for the development of objectives, standards, procedures, and policies to be followed in the sentencing of persons convicted of offenses against the United States; House Joint Resolution 425, to authorize the court in sentencing a prisoner to fix an earlier date when the prisoner shall become eligible for parole or to except such prisoner from the statutory limitation as to eligibility for parole when in the judgment of the court it might reasonably be expected to facilitate the rehabilitation of the prisoner; and H. R. 8923, to amend the definition of a youth offender under the Federal Youth Corrections Act to include persons under the age of 26 years at the time of conviction.

(The bills are as follows:)

[H. J. Res. 424, 85th Cong., 1st sess.]

JOINT RESOLUTION To improve the administration of justice by authorizing the establishment of institutes and joint councils on sentencing for the development of objectives, standards, procedures, and policies to be followed in the sentencing of persons convicted of offenses against the United States

Whereas there is now no agreement among Federal courts as to the objectives, standards, and policies to be followed in sentencing of Federal offenders which results in wide disparity in prison terms, fines, and the use of probation; and Whereas the rehabilitation of Federal prisoners can be facilitated by the development of uniform standards and methods for determining the length of time required for their institutional treatment; and

Whereas a sharing of points of view with respect to factors to be taken into account in pronouncing sentences would improve the equal administration of Federal laws; and

Whereas present policies with respect to inviting and considering the recommendations of United States attorneys and other Federal officials as to sentences vary widely; and

Whereas law enforcement generally, the prevention of crime, and respect for the judicial process can be promoted through wider agreement on sentencing policies: Therefore, be it

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Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 15 of title 28, United States Code, is amended by adding the following section:

"§ 334. Institutes and joint councils on sentencing.

"(a) In the interest of uniformity in sentencing procedures, the Attorney General shall from time to time submit recommendations to the Director of the Administrative Office of the United States Courts for the consideration of the judicial conference of the United States for the establishment of institutes and joint councils on sentencing for the study, discussion and formulation of the objectives, policies, standards, and criteria for sentencing those convicted of criminal offenses in the courts of the United States including but not limited to: (1) the development of standards for the content and utilization of presentence reports; (2) the establishment of factors to be used in selecting cases for special study and observation in prescribed diagnostic clinics; (3) the determination of the importance of psychiatric, emotional and sociological factors involved in the crime and their value in diagnosing the potentialities of the offender; (4) the evaluation of various psychological testing methods; (5) the discussion of special sentencing problems involved in unusual cases such as treason, violation of public trust, subversion, abnormal sex behavior, indigency, the mentally and physically handicapped, habitual offenders, and drug and alcohol addicts; and (6) the formulation of such principles and criteria for sentencing as will assist in promoting the equal administration of the criminal laws of the United States.

"(b) Upon approval by the judicial conference of the time, place, participants, agenda and other arrangements for such institutes and joint councils, the chief judge of each United States courts of appeals is authorized to invite the attendance of district judges at said meetings for such time and under such conditions as he thinks proper and as will not unduly delay the work of the courts.

"(c) The Attorney General is also authorized to select and direct the attendance at such institutes and meetings appropriate United States attorneys and other officials of the Department of Justice and may also invite other interested Federal officers to participate. He may also invite specialists in sentencing methods, criminologists, psychiatrists, penologists, and other experts to attend the meetings and participate in its proceedings.

"(d) The expenses of United States judges shall be paid from applicable appropriations for the administration of United States courts. The expenses connected with the preparation of the plans and agenda for the conference and for the travel and other expenses incident to the attendance of officials and other participants invited by the Attorney General shall be paid from applicable appropriations of the Department of Justice."

SEC. 2. The chapter analysis of chapter 15 of title 28, United States Code, is amended by inserting before section 331 the following item: "334. Institutes and Joint Councils on Sentencing."

[H. J. Res. 425, 85th Cong., 1st sess.]

JOINT RESOLUTION To authorize the court in sentencing a prisoner to fix an earlier date when the prisoner shall become eligible for parole or to except such prisoner from the statutory limitation as to eligibility for parole when in the judgment of the court it might reasonably be expected to facilitate the rehabilitation of the prisoner

Whereas experience in the operation of the program of the Bureau of Prisons for the rehabilitation of prisoners committed to the custody of the Attorney General has shown that many of such prisoners have received maximum benefits from such program prior to the time provided by statute when they may be paroled, and that there is reasonable probability that such prisoners would live and remain at liberty without further violating the laws, and that their release on parole would not be incompatible with the welfare of society; and

Whereas respect for the administration of the criminal laws of the United States and the protection of the public can be promoted by the fair and consistent sentencing of persons convicted of offenses against the United States punishable by imprisonment for more than one year; and

Whereas it is in the interest of the general welfare to provide procedures and methods for fixing terms of imprisonment for convicted felons that will deter others from similar acts, promote, wherever possible, the correction and rehabilitation of the offender, and safeguard the convicted person against excessive disproportionate or arbitrary punishment; and

Whereas the wide geographical distribution of the United States courts, the breadth of their jurisdiction, the complexity of the legal, scientific, and behavior problems with which they are confronted, and the speedy and equitable disposition of the business of the courts require that there be established special facilities and procedures for determining terms to be served by persons convicted of offenses punishable by imprisonment for more than one year: Therefore be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 311 of title 18, United States Code, is amended by adding the following section:

"§ 4208. Fixing eligibility for parole at time of sentencing.

"(a) Upon entering a judgment of conviction, except where the death penalty is mandatory, if the court having jurisdiction to impose sentence is of the opinion that the ends of justice and best interest of the public require that the defendant be sentenced to imprisonment for a term exceeding one year, the court may designate in the sentence imposed a time when the prisoner may become eligible for parole, which time may not exceed the limitations now provided in section 4202 of this title, or the court may designate in such sentence that those provisions in the said section prescribing a minimum term of service before a prisoner becomes eligible for parole shall be inapplicable. In either event the prisoner may become eligible for release at the time fixed in the sentence or, if no such time is fixed, the prisoner may be released at such time as the Board may determine. The Board may reconsider its action at any time in fixing either the parole eligibility date or the date of discharge on parole.

"(b) Upon commitment of a prisoner sentenced under provisions of subsection (a), the Director of the Bureau of Prisons, shall, under such regulations as the Attorney General may prescribe, cause a complete study to be made of the prisoner including a mental and physical examination to ascertain his personal traits, his capabilities, pertinent circumstances of his school and family life, any previous delinquency or criminal experience, and any mental or physical defect or other factor contributing to his delinquency. In the absence of exceptional circumstances, such studies shall be completed within a period of sixty days and shall be furnished by the Director of the Bureau of Prisons to the Board of Parole together with any recommendation he believes would be helpful in determining the disposition of the prisoner. The Board of Parole may make such other investigation as it may deem necessary.

"It shall be the duty of the various probation officers and other Government bureaus and agencies to furnish the Board of Parole information concerning the prisoner and, whenever not incompatible with the public interest, their views and recommendations with respect to the disposition of his case.

"(c) Under such regulations as the President may prescribe, the Board of Parole may discharge a paroled prisoner from further supervision and at any time before the expiration of the maximum sentence imposed may unconditionally discharge such parolee, which unconditional discharge shall automatically set aside the conviction and the Board shall issue to such parolee a certificate to that effect.

"(d) Nothing in this section shall limit or affect the power of any district court to suspend the imposition or execution of any sentence and place the offender on probation or be construed in any wise to amend, repeal, or affect the provisions of chapter 231 of this title relative to probation; the provisions of chapter 403 of this title (the Federal Juvenile Delinquency Act) or the provisions of chapter 402 of this title (the Youth Corrections Act).

"(e) Except as to the provisions of subsection (c) hereof, this section shall not apply to any offense committed before its enactment.

"(f) This section shall apply in the continental United States other than the District of Columbia and Alaska."

SEC. 2. The chapter analysis of chapter 311 of title 18 is amended by inserting before section 4201 the following item:

"4208. Fixing eligibility for parole at time of sentencing."

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FEDERAL SENTENCING PROCEDURE

[H. R. 8923, 85th Cong., 1st sess.]

A BILL To amend the definition of a youth offender under the Federal Youth Corrections
Act to include persons under the age of twenty-six years at the time of conviction
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That section 5006 (e) of the Federal Youth
Corrections Act (18 U. S. C. 5006 (e)), is amended by striking out “twenty-two
years" and inserting in lieu thereof "twenty-six years.”

Mr. WILLIS. These proposals were all offered by the distinguished chairman of this committee, the Congressman from New York, Mr. Celler, and I might say that in laying the foundation for these hearings, Mr. Celler conceived the very fine thought of circulating the proposals to Federal judges and other interested parties, interested people in the administration of justice of the United States, and prepared then a report analyzing the reaction to the proposals.

We are very grateful to the chairman for this basic starting point for these hearings, and we are delighted to have him today as our first witness.

Mr. Chairman, we are so happy to welcome you.

TESTIMONY OF HON. EMANUEL CELLER, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF NEW YORK

Mr. CELLER. Mr. Chairman, I want to thank you and your colleagues on the committee my colleagues, likewise for this opportunity. I believe these bills are very, very important, and I am sure they will be given by you and your colleagues very mature consideration.

The existence of marked disparities in the sentences imposed by Federal courts upon offenders who have been convicted of similar offenses and whose backgrounds and prior records are substantially similar has been the subject of concern for more than a generation to the judiciary, penal administrators, the bar, the public press, and others.

In seeking to bring about a partial solution of this serious problem, I introduced three bills embodying the suggestions of the Advisory Corrections Council, which are aimed at minimizing sentence disparity.

3. Responses opp As a result of h frection, and ied. Fierai zee, late Febr the informative a Gon on which this There are 4T riges, each of wh entences upon per with this aum the performance Di Le sentencing

to the use of pronar methods which presently found n Tatment of offene The control oferime One of my bills. res of institutes Conference comp the chief judge of fernalation of stan The bill provide States attorneys. of psychiatrists. peny point councils. ΤΗ tandards and gras

The second bill. sentencing judre

Then a prisoner v mum date does not ate, which is secti vides that a prisone ne-third of the sen This is a purely ention the varying rehabilitation pros trai institutions. It frequently ha Statutory minimu has the benefit of t fors, and any agt In cases where the rehabilitation the authority to

These bills are House Joint Resolution 424, to establish institutes and joint councils on sentencing procedures, House Joint Resolution 425, to authorize the court in sentencing a prisoner, to fix an earlier date when the prisoner shall become eligible for parole, and H. R. 8923, to include under the Youth Corrections Act persons under the age of 26 at the time of conviction.

To facilitate an examination of these problems, I sent copies of this proposed legislation to Federal judges, prison officials, and other persons who have an interest in prisoner rehabilitation and correctional matters. A total of 239 responses were received, 195 from Federal judges and 44 from other experienced persons in related fields. The replies contain various nuances of opinion but they were, in all but a few instances, favorable to this legislation. The responses fitted generally into three major categories:

1. Responses favoring legislation in the form of the proposed bills; 2. Modified versions of these bills containing alternative or different

cer would not be that he met the cr doviate the neeit o bereit of the pro

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