Effective Date; Savings Provision
Pub. L. 98–473, title II, § 235, Oct. 12, 1984, 98 Stat. 2031, as amended by Pub. L. 99–217, §§ 2, 4, Dec. 26, 1985, 99 Stat. 1728; Pub. L. 99–646, § 35, Nov. 10, 1986, 100 Stat. 3599; Pub. L. 100–182, § 2, Dec. 7, 1987, 101 Stat. 1266; Pub. L. 104–232, § 4, Oct. 2, 1996, 110 Stat. 3056, provided that:
“(a)
(1) This chapter [chapter II (§§ 211–239) of title II of Pub. L. 98–473, see Tables for classification] shall take effect on the first day of the first calendar month beginning 36 months after the date of enactment [Oct. 12, 1984] and shall apply only to offenses committed after the taking effect of this chapter, except that—
“(A)
the repeal of
chapter 402 of title 18,
United States Code, shall take effect on the date of enactment [
Oct. 12, 1984];
“(B)
(i)
chapter 58 of title 28,
United States Code, shall take effect on the date of enactment of this Act [
Oct. 12, 1984] or
October 1, 1983, whichever occurs later, and the
United States Sentencing Commission shall submit the initial sentencing guidelines promulgated under
section 994(a)(1) of title 28 to the
Congress within 30 months of the effective date of such chapter 58; and
“(ii) the sentencing guidelines promulgated pursuant to section 994(a)(1) shall not go into effect until—
“(I)
the United States Sentencing Commission has submitted the initial set of sentencing guidelines to the Congress pursuant to subparagraph (B)(i), along with a report stating the reasons for the Commission’s recommendations;
“(II)
the General Accounting
Office [now
Government Accountability Office] has undertaken a study of the guidelines, and their potential impact in comparison with the operation of the existing sentencing and parole release system, and has, within one hundred and fifty days of submission of the guidelines, reported to the
Congress the results of its study; and
“(III)
the day after the Congress has had six months after the date described in subclause (I) in which to examine the guidelines and consider the reports; and
“(IV)
section 212(a)(2) [enacting chapters
227 and
229 of this title and repealing former chapters
227,
229, and
231 of this title] takes effect, in the case of the initial sentencing guidelines so promulgated.
“(2)
For the purposes of
section 992(a) of title 28, the terms of the first members of the
United States Sentencing Commission shall not begin to run until the sentencing guidelines go into effect pursuant to paragraph (1)(B)(ii).
“(b)
(1) The following provisions of law in effect on the day before the effective date of this Act shall remain in effect for five years after the effective date as to an individual who committed an offense or an act of juvenile delinquency before the effective date and as to a term of imprisonment during the period described in subsection (a)(1)(B):
“(E)
Sections 5017 through 5020 of title 18,
United States Code, as to a sentence imposed before the date of enactment [
Oct. 12, 1984].
“(F)
The maximum term of imprisonment in effect on the effective date for an
offense committed before the effective date.
“(G)
Any other law relating to a violation of a condition of release or to arrest authority with regard to a
person who violates a condition of release.
“(3)
The
United States Parole Commission shall set a release date, for an individual who will be in its jurisdiction the day before the expiration of five years after the effective date of this Act, pursuant to
section 4206 of title 18,
United States Code. A release date set pursuant to this paragraph shall be set early enough to permit consideration of an appeal of the release date, in accordance with Parole Commission procedures, before the expiration of five years following the effective date of this Act.
“(4) Notwithstanding the other provisions of this subsection, all laws in effect on the day before the effective date of this Act pertaining to an individual who is—
“(A)
released pursuant to a provision listed in paragraph (1); and
“(B)
(i)
subject to supervision on the day before the expiration of the five-year period following the effective date of this Act; or
“(ii)
released on a date set pursuant to paragraph (3);
including laws pertaining to terms and conditions of release, revocation of release, provision of counsel, and payment of transportation costs, shall remain in effect as to the individual until the expiration of his sentence, except that the district court shall determine, in accord with the Federal Rules of Criminal Procedure, whether release should be revoked or the conditions of release amended for violation of a condition of release.
“(5)
Notwithstanding the provisions of
section 991 of title 28,
United States Code, and sections
4351 and
5002 of title
18,
United States Code, the Chairman of the
United States Parole Commission or his designee shall be a member of the National Institute of Corrections, and the Chairman of the
United States Parole Commission shall be a member of the Advisory Corrections Council and a nonvoting member of the
United States Sentencing Commission, ex officio, until the expiration of the five-year period following the effective date of this Act. Notwithstanding the provisions of
section 4351 of title 18, during the five-year period the National Institute of Corrections shall have seventeen members, including seven ex officio members. Notwithstanding the provisions of
section 991 of title 28, during the five-year period the
United States Sentencing Commission shall consist of nine members, including two ex officio, nonvoting members.”
[Pub. L. 104–232, § 3(b)(2), Oct. 2, 1996, 110 Stat. 3056, provided that:
“Effective on the date the plan [alternative plan by Attorney General for transfer of
United States Parole Commission’s functions to another entity within
Department of Justice pursuant to
section 3 of Pub. L. 104–232, set out as a note under
section 4201 of this title] takes effect, paragraphs (3) and (4) of section 235(b) of the
Sentencing Reform Act of 1984 [
Pub. L. 98–473, set out above] (
98 Stat. 2032) are repealed.”
]
[Pub. L. 115–274, § 2, Oct. 31, 2018, 132 Stat. 4160, provided that:
“For purposes of section 235(b) of the
Sentencing Reform Act of 1984 (
18 U.S.C. 3551 note;
Public Law 98–473;
98 Stat. 2032), as such section relates to
chapter 311 of title 18,
United States Code, and the
United States Parole Commission, each reference in such section to ‘31 years’ or ‘31-year period’ shall be deemed a reference to ‘33 years’ or ‘33-year period’, respectively.”
]
[Pub. L. 113–47, § 2, Oct. 31, 2013, 127 Stat. 572, provided that:
“For purposes of section 235(b) of the
Sentencing Reform Act of 1984 (
18 U.S.C. 3551 note;
Public Law 98–473;
98 Stat. 2032), as such section relates to
chapter 311 of title 18,
United States Code, and the
United States Parole Commission, each reference in such section to ‘26 years’ or ‘26-year period’ shall be deemed a reference to ‘31 years’ or ‘31-year period’, respectively.”
]
[Pub. L. 112–44, § 2, Oct. 21, 2011, 125 Stat. 532, provided that:
“For purposes of section 235(b) of the
Sentencing Reform Act of 1984 (
18 U.S.C. 3551 note;
Public Law 98–473;
98 Stat. 2032), as such section relates to
chapter 311 of title 18,
United States Code, and the
United States Parole Commission, each reference in such section to ‘24 years’ or ‘24-year period’ shall be deemed a reference to ‘26 years’ or ‘26-year period’, respectively.”
]
[Pub. L. 110–312, § 2, Aug. 12, 2008, 122 Stat. 3013, provided that:
“For purposes of section 235(b) of the
Sentencing Reform Act of 1984 (
18 U.S.C. 3551 note;
Public Law 98–473;
98 Stat. 2032), as such section relates to
chapter 311 of title 18,
United States Code, and the
United States Parole Commission, each reference in such section to ‘21 years’ or ‘21-year period’ shall be deemed a reference to ‘24 years’ or ‘24-year period’, respectively.”
]
[Pub. L. 109–76, § 2, Sept. 29, 2005, 119 Stat. 2035, provided that:
“For purposes of section 235(b) of the
Sentencing Reform Act of 1984 [
Pub. L. 98–473, set out above] (
98 Stat. 2032) as such section relates to
chapter 311 of title 18,
United States Code, and the
United States Parole Commission, each reference in such section to ‘eighteen years’ or ‘eighteen-year period’ shall be deemed a reference to ‘21 years’ or ‘21-year period’, respectively.”
]
[For purposes of section 235(b) of Pub. L. 98–473, set out above, as it relates to chapter 311 of this title and the Parole Commission, references to “fifteen years” or “fifteen-year period” are deemed to be references to “eighteen years” or “eighteen-year period”, respectively, see section 11017(a) of Pub. L. 107–273, set out as a note under section 4202 of this title.]
[For purposes of section 235(b) of Pub. L. 98–473, set out above, as it relates to chapter 311 of this title and the Parole Commission, references to “ten years” or “ten-year period” are deemed to be references to “fifteen years” or “fifteen-year period”, respectively, see section 2(a) of Pub. L. 104–232, set out as a note under section 4201 of this title.]
[Pub. L. 101–650, title III, § 316, Dec. 1, 1990, 104 Stat. 5115, provided that:
“For the purposes of
section 235(b) of Public Law 98–473 [set out above] as it relates to
chapter 311 of title 18,
United States Code, and the
United States Parole Commission, each reference in such section to ‘five years’ or a ‘five-year period’ shall be deemed a reference to ‘ten years’ or a ‘ten-year period’, respectively.”
]
Sentencing of Nonviolent and Nonserious Offenders; Sense of Congress
Pub. L. 98–473, title II, § 239, Oct. 12, 1984, 98 Stat. 2039, provided that:
“Since, due to an impending crisis in prison overcrowding, available Federal prison space must be treated as a scarce resource in the sentencing of criminal defendants;
“Since, sentencing decisions should be designed to ensure that prison resources are, first and foremost, reserved for those violent and serious criminal offenders who pose the most dangerous threat to society;
“Since, in cases of nonviolent and nonserious offenders, the interests of society as a whole as well as individual victims of crime can continue to be served through the imposition of alternative sentences, such as restitution and community service;
“Since, in the two years preceding the enactment of sentencing guidelines, Federal sentencing practice should ensure that scarce prison resources are available to house violent and serious criminal offenders by the increased use of restitution, community service, and other alternative sentences in cases of nonviolent and nonserious offenders: Now, therefore, be it
“Declared, That it is the sense of the Senate that in the two years preceding the enactment of the sentencing guidelines, Federal judges, in determining the particular sentence to be imposed, consider—
“(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
“(2) the general appropriateness of imposing a sentence other than imprisonment in cases in which the defendant has not been convicted of a crime of violence or otherwise serious offense; and
“(3) the general appropriateness of imposing a sentence of imprisonment in cases in which the defendant has been convicted of a crime of violence or otherwise serious offense.”