Final Priorities for Amendment Cycle, 60536-60537 [2023-18976]
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human behavior as it relates to the
criminal justice process.’’ See 28 U.S.C.
991(b). The Commission determined
that the policy reasons underlying the
prospective application of the
amendment apply with equal force to
individuals who are already sentenced.
In relation to Part A, the Commission
determined that accounting for status on
a more limited basis continues to serve
the broader purposes of sentencing
while also addressing other concerns
raised regarding the impact of status
points. The Commission also
determined that the changes made by
Part A reflect updated research
suggesting that status points’ ability to
predict future recidivism—a core
justification for their use—may be less
than the original Commission may have
expected.
In implementing Part B, Subpart 1,
the Commission sought, in part, to
fulfill one of its core congressional
directives to ensure that ‘‘the guidelines
reflect the general appropriateness of
imposing a sentence other than
imprisonment in cases in which the
defendant is a first offender who has not
been convicted of a crime of violence or
an otherwise serious offense.’’ See 28
U.S.C. 994(j). The Commission further
determined that the changes made by
Part B, Subpart 1 reflect its statutory
mission to provide for penalties that are
‘‘sufficient, but not greater than
necessary’’ by recognizing that
individuals with zero criminal history
points have considerably lower
recidivism rates than other sentenced
individuals, as well as the fact that
courts generally depart and vary more
often in cases involving individuals
with zero criminal history points as
compared with other individuals.
(2) The Commission determined that
the changes in Parts A and B, Subpart
1 of Amendment 821 would
meaningfully impact the sentence of
many currently incarcerated
individuals. The Commission estimates
that 11,495 currently incarcerated
individuals would have a lower
guideline range as the result of
retroactive application of Part B,
Subpart 1 of Amendment 821, with an
average sentence reduction of 14
months (or 11.7%). The Commission
further estimates that 7,272 currently
incarcerated individuals would have a
lower guideline range as the result of
retroactive application of Part A of
Amendment 821, with an average
sentence reduction of 15 months (or
17.6%).
(3) The Commission determined that
applying Part A of Amendment 821
retroactively, requiring the recalculation
of criminal history points and making
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the determination as to whether the
individual would fall within a lower
criminal history category, presents
minimal difficulty. While recognizing
that consideration of the exclusionary
criteria in Part B, Subpart 1 of
Amendment 821 could result in an
increased administrative burden, the
Commission concluded that any such
burden is manageable.
The Commission concludes that
consideration of these factors supports a
policy determination that a reduced
guideline range is sufficient to achieve
the purposes of sentencing and that, in
the sound discretion of the court, a
reduction in the term of imprisonment
may be appropriate for previously
sentenced, qualified defendants. In
making this determination, the
Commission remains cognizant of the
fact that public safety will be considered
in every case because § 1B1.10 requires
the court, in determining whether and
to what extent a reduction in the term
of imprisonment is warranted, to
consider the nature and seriousness of
the danger to any person or the
community that may be posed by such
a reduction. See § 1B1.10, comment.
(n.1(B)(ii)).
At the same time, the Commission
also determined that the agencies of the
federal criminal justice system
responsible for reentry into society need
time to prepare, and to help the released
individuals prepare, for that reentry.
The Commission concluded that a threemonth delay in the effective date of any
orders granting sentence reductions
under Amendment 821 is needed (1) to
give courts adequate time to obtain and
review the information necessary to
make an individualized determination
in each case of whether a sentence
reduction is appropriate, (2) to ensure
that, to the extent practicable, all
individuals who are to be released have
the opportunity to participate in reentry
programs and transitional services, such
as placement in halfway houses, while
still in the custody of the Bureau of
Prisons, which increases their
likelihood of successful reentry to
society and thereby promotes public
safety, and (3) to permit those agencies
that will be responsible for individuals
after their release to prepare for the
increased responsibility.
Therefore, the Commission added a
Special Instruction at subsection (e)
providing that a reduced term of
imprisonment based on retroactive
application of Amendment 821 shall not
be ordered unless the effective date of
the court’s order is February 1, 2024, or
later. An application note clarifies that
this special instruction does not
preclude the court from conducting
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sentence reduction proceedings before
February 1, 2024, as long as any order
reducing the term of imprisonment has
an effective date of February 1, 2024, or
later.
[FR Doc. 2023–18977 Filed 8–31–23; 8:45 am]
BILLING CODE 2210–40–P
UNITED STATES SENTENCING
COMMISSION
Final Priorities for Amendment Cycle
United States Sentencing
Commission.
ACTION: Notice of final priorities.
AGENCY:
In June 2023, the Commission
published a notice of proposed policy
priorities for the amendment cycle
ending May 1, 2024. After reviewing
public comment received pursuant to
the notice of proposed priorities, the
Commission has identified its policy
priorities for the upcoming amendment
cycle and hereby gives notice of these
policy priorities.
FOR FURTHER INFORMATION CONTACT:
Jennifer Dukes, Senior Public Affairs
Specialist, (202) 502–4597.
SUPPLEMENTARY INFORMATION: The
United States Sentencing Commission is
an independent agency in the judicial
branch of the United States
Government. The Commission
promulgates sentencing guidelines and
policy statements for federal courts
pursuant to 28 U.S.C. 994(a). The
Commission also periodically reviews
and revises previously promulgated
guidelines pursuant to 28 U.S.C. 994(o)
and submits guideline amendments to
Congress not later than the first day of
May each year pursuant to 28 U.S.C.
994(p).
As part of its statutory authority and
responsibility to analyze sentencing
issues, including operation of the
federal sentencing guidelines, the
Commission has identified its policy
priorities for the amendment cycle
ending May 1, 2024. While continuing
to address legislation or other matters
requiring more immediate action, the
Commission has decided to limit its
consideration of specific guideline
amendments for this amendment cycle.
Instead, in light of the 40th anniversary
of the Sentencing Reform Act, the
Commission anticipates focusing on a
number of projects examining the
degree to which current sentencing,
penal, and correctional practices are
effective in meeting the purposes of
sentencing as set forth in the Sentencing
Reform Act. See 28 U.S.C. 991(b)(2). The
Commission expects to continue work
on many of these priorities beyond the
SUMMARY:
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices
upcoming amendment cycle. The
Commission previously published a
notice of proposed policy priorities for
the amendment cycle ending May 1,
2024. See 88 FR 39907 (June 20, 2023).
Pursuant to 28 U.S.C. 994(g), the
Commission intends to consider the
issue of reducing costs of incarceration
and overcapacity of prisons, to the
extent it is relevant to any identified
priority.
The Commission has identified the
following priorities for the amendment
cycle ending May 1, 2024:
(1) Assessing the degree to which
certain practices of the Bureau of
Prisons are effective in meeting the
purposes of sentencing as set forth in 18
U.S.C. 3553(a)(2) and considering any
appropriate responses including
possible consideration of
recommendations or amendments.
(2) Compilation and dissemination of
information on court-sponsored
programs relating to diversion,
alternatives-to-incarceration, and
reentry (e.g., Pretrial Opportunity
Program, Conviction And Sentence
Alternatives (CASA) Program, Special
Options Services (SOS) Program,
Supervision to Aid Re-entry (STAR)
Program) through the Commission’s
website and possible workshops and
seminars sharing best practices for
developing, implementing, and
assessing such programs.
(3) Examination of the Guidelines
Manual, including exploration of ways
to simplify the guidelines and possible
consideration of amendments that might
be appropriate.
(4) Continuation of its multiyear study
of the Guidelines Manual to address
case law concerning the validity and
enforceability of guideline commentary,
and possible consideration of
amendments that might be appropriate.
(5) Continued examination of the
career offender guidelines, including (A)
updating the data analyses and statutory
recommendations set forth in the
Commission’s 2016 report to Congress,
titled Career Offender Sentencing
Enhancements; (B) devising and
conducting workshops to discuss the
scope and impact of the career offender
guidelines, including discussion of
possible alternative approaches to the
‘‘categorical approach’’ in determining
whether an offense is a ‘‘crime of
violence’’ or a ‘‘controlled substance
offense’’; and (C) possible consideration
of amendments that might be
appropriate.
(6) Examination of the treatment of
youthful offenders and offenses
involving youths under the Guidelines
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17:24 Aug 31, 2023
Jkt 259001
Manual, including possible
consideration of amendments that might
be appropriate.
(7) Consideration of possible
amendments to the Guidelines Manual
to prohibit the use of acquitted conduct
in applying the guidelines.
(8) Further examination of federal
sentencing practices on a variety of
issues, possibly including: (A) the
prevalence and nature of drug
trafficking offenses involving
methamphetamine; (B) drug trafficking
offenses resulting in death or serious
bodily injury; (C) comparison of
sentences imposed in cases disposed of
through trial versus plea; (D)
continuation of the Commission’s
studies regarding recidivism; and (E)
other areas of federal sentencing in need
of additional research.
(9) Implementation of any legislation
warranting Commission action.
(10) Resolution of circuit conflicts as
warranted, pursuant to the
Commission’s authority under 28 U.S.C.
991(b)(1)(B) and Braxton v. United
States, 500 U.S. 344 (1991).
(11) Consideration of other
miscellaneous issues coming to the
Commission’s attention.
Authority: 28 U.S.C. 994(a), (o); USSC
Rules of Practice and Procedure 2.2, 5.2.
Carlton W. Reeves,
Chair.
[FR Doc. 2023–18976 Filed 8–31–23; 8:45 am]
BILLING CODE 2210–40–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0020]
Agency Information Collection Activity
Under OMB Review: Designation of
Beneficiary Government Life Insurance
and Supplemental Designation of
Beneficiary Government Life Insurance
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act (PRA) of
1995, this notice announces that the
Veterans Benefits Administration,
Department of Veterans Affairs, will
submit the collection of information
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The PRA
submission describes the nature of the
information collection and its expected
SUMMARY:
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60537
cost and burden and it includes the
actual data collection instrument.
DATES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain, select ‘‘Currently under
Review—Open for Public Comments’’,
then search the list for the information
collection by Title or ‘‘OMB Control No.
2900–0020.’’
FOR FURTHER INFORMATION CONTACT:
Maribel Aponte, Office of Enterprise
and Integration, Data Governance
Analytics (008), 810 Vermont Ave. NW,
Washington, DC 20420, (202) 266–4688
or email maribel.aponte@va.gov. Please
refer to ‘‘OMB Control No. 2900–0020’’
in any correspondence.
SUPPLEMENTARY INFORMATION:
Authority: 44 U.S.C. 3501–21.
Title: Designation of Beneficiary
Government Life Insurance VA Form
29–336 and Supplemental Designation
of Beneficiary Government Life
Insurance VA Form 29–336a.
OMB Control Number: 2900–0020.
Type of Review: Extension of a
currently approved collection.
Abstract: These forms are used by the
insured to designate beneficiaries and
select an optional settlement to be used
when the insurance matures by death.
The information is required to
determine the claimant’s eligibility to
receive the proceeds. The information
on the form is required by law, 38
U.S.C. 1917, 1949 and 1952.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The Federal Register
Notice with a 60-day comment period
soliciting comments on this collection
of information was published at 88 FR
122 on June 27, 2023, page 41721.
Affected Public: Individuals or
Households.
Estimated Annual Burden: 13,917
hours.
Estimated Average Burden per
Respondent: 10 minutes.
Frequency of Response: On occasion.
Estimated Number of Respondents:
83,500.
By direction of the Secretary:
Dorothy Glasgow,
VA PRA Clearance Officer, (Alt.) Office of
Enterprise and Integration, Data Governance
Analytics, Department of Veterans Affairs.
[FR Doc. 2023–18924 Filed 8–31–23; 8:45 am]
BILLING CODE 8320–01–P
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]]>Agencies
[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60536-60537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18976]
-----------------------------------------------------------------------
UNITED STATES SENTENCING COMMISSION
Final Priorities for Amendment Cycle
AGENCY: United States Sentencing Commission.
ACTION: Notice of final priorities.
-----------------------------------------------------------------------
SUMMARY: In June 2023, the Commission published a notice of proposed
policy priorities for the amendment cycle ending May 1, 2024. After
reviewing public comment received pursuant to the notice of proposed
priorities, the Commission has identified its policy priorities for the
upcoming amendment cycle and hereby gives notice of these policy
priorities.
FOR FURTHER INFORMATION CONTACT: Jennifer Dukes, Senior Public Affairs
Specialist, (202) 502-4597.
SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is
an independent agency in the judicial branch of the United States
Government. The Commission promulgates sentencing guidelines and policy
statements for federal courts pursuant to 28 U.S.C. 994(a). The
Commission also periodically reviews and revises previously promulgated
guidelines pursuant to 28 U.S.C. 994(o) and submits guideline
amendments to Congress not later than the first day of May each year
pursuant to 28 U.S.C. 994(p).
As part of its statutory authority and responsibility to analyze
sentencing issues, including operation of the federal sentencing
guidelines, the Commission has identified its policy priorities for the
amendment cycle ending May 1, 2024. While continuing to address
legislation or other matters requiring more immediate action, the
Commission has decided to limit its consideration of specific guideline
amendments for this amendment cycle. Instead, in light of the 40th
anniversary of the Sentencing Reform Act, the Commission anticipates
focusing on a number of projects examining the degree to which current
sentencing, penal, and correctional practices are effective in meeting
the purposes of sentencing as set forth in the Sentencing Reform Act.
See 28 U.S.C. 991(b)(2). The Commission expects to continue work on
many of these priorities beyond the
[[Page 60537]]
upcoming amendment cycle. The Commission previously published a notice
of proposed policy priorities for the amendment cycle ending May 1,
2024. See 88 FR 39907 (June 20, 2023).
Pursuant to 28 U.S.C. 994(g), the Commission intends to consider
the issue of reducing costs of incarceration and overcapacity of
prisons, to the extent it is relevant to any identified priority.
The Commission has identified the following priorities for the
amendment cycle ending May 1, 2024:
(1) Assessing the degree to which certain practices of the Bureau
of Prisons are effective in meeting the purposes of sentencing as set
forth in 18 U.S.C. 3553(a)(2) and considering any appropriate responses
including possible consideration of recommendations or amendments.
(2) Compilation and dissemination of information on court-sponsored
programs relating to diversion, alternatives-to-incarceration, and
reentry (e.g., Pretrial Opportunity Program, Conviction And Sentence
Alternatives (CASA) Program, Special Options Services (SOS) Program,
Supervision to Aid Re-entry (STAR) Program) through the Commission's
website and possible workshops and seminars sharing best practices for
developing, implementing, and assessing such programs.
(3) Examination of the Guidelines Manual, including exploration of
ways to simplify the guidelines and possible consideration of
amendments that might be appropriate.
(4) Continuation of its multiyear study of the Guidelines Manual to
address case law concerning the validity and enforceability of
guideline commentary, and possible consideration of amendments that
might be appropriate.
(5) Continued examination of the career offender guidelines,
including (A) updating the data analyses and statutory recommendations
set forth in the Commission's 2016 report to Congress, titled Career
Offender Sentencing Enhancements; (B) devising and conducting workshops
to discuss the scope and impact of the career offender guidelines,
including discussion of possible alternative approaches to the
``categorical approach'' in determining whether an offense is a ``crime
of violence'' or a ``controlled substance offense''; and (C) possible
consideration of amendments that might be appropriate.
(6) Examination of the treatment of youthful offenders and offenses
involving youths under the Guidelines Manual, including possible
consideration of amendments that might be appropriate.
(7) Consideration of possible amendments to the Guidelines Manual
to prohibit the use of acquitted conduct in applying the guidelines.
(8) Further examination of federal sentencing practices on a
variety of issues, possibly including: (A) the prevalence and nature of
drug trafficking offenses involving methamphetamine; (B) drug
trafficking offenses resulting in death or serious bodily injury; (C)
comparison of sentences imposed in cases disposed of through trial
versus plea; (D) continuation of the Commission's studies regarding
recidivism; and (E) other areas of federal sentencing in need of
additional research.
(9) Implementation of any legislation warranting Commission action.
(10) Resolution of circuit conflicts as warranted, pursuant to the
Commission's authority under 28 U.S.C. 991(b)(1)(B) and Braxton v.
United States, 500 U.S. 344 (1991).
(11) Consideration of other miscellaneous issues coming to the
Commission's attention.
Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and
Procedure 2.2, 5.2.
Carlton W. Reeves,
Chair.
[FR Doc. 2023-18976 Filed 8-31-23; 8:45 am]
BILLING CODE 2210-40-P
