Sentencing Act of 1987
PL 100-182 (S.1822), enacted 12/07/1987

101 STAT. 1266 
PUBLIC LAW 100-182—DEC. 7, 1987 
Public Law 100-182 
100th Congress 
An Act 
Dec. 7, 1987 
[S. 1822] 
Sentencing Act 
of 1987. 
Penalties. 
Prisoners. 
18 u s e 3551 
note. 
18 u s e 3551 
note. 
Courts, U.S. 
To amend title 18, United States Code, and other provisions of law relating to 
sentencing for criminal offenses. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Sentencing Act of 1987". 
SEC. 2. PROSPECTIVE APPLICATION OF SENTENCING REFORM ACT. 
(a) APPLICATION.—Section 235(a)(1) of the Comprehensive Crime 
Control Act of 1984 is amended by inserting after "date of enact-
ment" the first place it appears the following: "and shall apply only 
to offenses committed after the taking effect of this chapter". 
(b) CONFORMING AMENDMENTS.—(1) Section 235(b)(1) of the Com-
prehensive Crime Control Act of 1984 is amended by striking out 
"convicted of an offense or adjudicated to be a juvenile delinquent" 
and inserting in lieu thereof "who committed an offense or an act 
of juvenile delinquency". 
(2) Section 235(b)(3) of the Comprehensive Crime Control Act of 
1984 is amended by striking out "that is within the range that 
applies to the prisoner under the applicable parole guideline" and 
inserting in lieu thereof "pursuant to section 4206 of title 18, United 
States Code". 
SEC. 3. STANDARD FOR DEPARTURE. 
Section 3553(b) of title 18, United States Code, is amended— 
(1) by striking out "an aggravating or mitigating cir-
cumstance exists that was" and inserting in lieu thereof "there 
exists an aggravating or mitigating circumstance of a kind, or to 
a degree,"; 
(2) by striking out "guidelines and" and inserting in lieu 
thereof "guidelines"; and 
(3) by inserting after the first sentence the following: "In 
determining whether a circumstance was adequately taken into 
consideration, the court shall consider only the sentencing 
guidelines, policy statements, and official commentary of the 
Sentencing Commission.". 
SEC. 4. PROCEDURE FOR 
APPEALING 
SENTENCE 
IMPOSED 
BY A 
MAGISTRATE. 
Section 3742 of title 18, United States Code, is amended by adding 
at the end the following new subsection: 
"(0 APPLICATION TO A SENTENCE BY A MAGISTRATE.—An appeal of 
an otherwise final sentence imposed by a United States magistrate 
may be taken to a judge of the district court, and this section shall 
apply as though the appeal were to a court of appeals from a 
sentence imposed by a district court.". 
PUBLIC LAW 100-182—DEC. 7, 1987 
101 STAT. 1267 
SEC. 5. REVIEW OF A SENTENCE FOR WHICH THERE IS NO APPLICABLE 
GUIDELINE. 
Section 3742 of title 18, United States Code, is further amended— 
(1) in subsection (a)(4), by inserting "plainly unreasonable or" 
before "greater than" and by striking out ", if any,"; 
(2) in subsection (b)(4), by inserting "plainly unreasonable or" 
before "less than" and by striking out ", if any,"; 
(3) in subsection (d)— 
(A) by striking out "or" at the end of paragraph (2); 
(B) by striking out the period at the end of paragraph (3) 
•
• 
and inserting in lieu thereof "; or"; and 
"^-\' 
(C) by inserting after paragraph (3) the following new 
-' " ' 
paragraph: 
"(4) was imposed for an offense for which there is no 
applicable sentencing guideline and is plainly unreasonable."; 
(4) in subsection (e)(2), by inserting "or was imposed for an 
offense for which there is no applicable sentencing guideline 
and is plainly unreasonable" after "is outside the range of the 
applicable sentencing guideline and is unreasonable"; and 
(5) in subsections (e)(2)(A) and (e)(2)(B), by striking out "the 
court shall" and inserting in lieu thereof "and". 
SEC. 6. CLARIFICATION OF BASIS FOR AFFIRMING AN APPEAL. 
Section 3742(e)(3) of title 18, United States Code, is amended to 
read as follows: 
"(3) is not described in paragraph (1) or (2), it shall affirm the 
sentence.". 
SEC. 7. CORRECTION OF PROBATION EXCLUSION FOR ORGANIZATIONS 
CONVICTED OF SERIOUS OFFENSES. 
Section 3561(a)(1) of title 18, United States Code, is amended by 
inserting after "Class B felony" the following: "and the defendant is 
an individual". 
SEC. 
8
. 
EXTENSION OF MAXIMUM TERMS OF SUPERVISED 
RELEASE. 
Section 3583(b) of title 18, United States Code, is amended— 
(1) in paragraph (1), by striking out "three years" and insert-
ing in lieu thereof "five years"; 
(2) in paragraph (2), by striking out "two years" and inserting 
in lieu thereof "three years"; and 
(3) in paragraph (3), by inserting after "misdemeanor" the 
following: "(other than a petty offense)". 
SEC. 9. INCLUSION OF PROTECTION OF PUBLIC AS FACTOR IN DECIDING 
WHETHER TO IMPOSE SUPERVISED RELEASE. 
Section 3583(c) of title 18, United States Code, is amended by 
inserting "(a)(2)(C)," after "(a)(2)(B),". 
SEC. 10. CLARIFICATION OF PROCEDURE FOR MODIFYING CONDITIONS 
OF PROBATION. 
Section 3563(c) of title 18, United States Code, is amended— 
(1) by striking out "revocation or modification of probation" 
and inserting in lieu thereof "the modification of probation 
and"; and 
(2) by striking out the comma after "may". 
101 STAT. 1268 
PUBLIC LAW 100-182—DEC. 7, 1987 
SEC. 11. CLARIFICATION OF PROCEDURE FOR EARLY TERMINATION OF 
PROBATION. 
Section 3564(c) of title 18, United States Code, is amended by 
inserting after "may" the following: ", pursuant to the provisions of 
the Federal Rules of Criminal Procedure relating to the modifica-
tion of probation,". 
SEC. 
12. CLARIFICATION OF PROCEDURE FOR EARLY TERMINATION OF 
SUPERVISED 
RELEASE. 
i 
Section 3583(e) of title 18, United States Code, is amended— 
(1) in paragraph (1), by inserting "pursuant to the provisions 
of the Federal Rules of Criminal Procedure relating to the 
modification of probation," after "one year of supervised 
, 
release,"; and 
; 
(2) in paragraph (2)— 
f
; 
(A) by striking out "after a hearing,"; and 
(B) by inserting "the provisions of the Federal Rules of 
-,<.. 
Criminal Procedure relating to the modification of proba-
tion and" after "pursuant to". 
SEC. 13. REMEDIES FOR FAILURE TO PAY RESTITUTION. 
Section 3663(g) of title 18, United States Code, is amended in each 
of the second and third sentences by inserting "or a term of super-
vised release" after "probation" and by inserting "probation or" 
after "conditions of. 
SEC. 14. DETERMINATION OF GUIDELINE SENTENCE FOR PRISONERS 
TRANSFERRED 
PURSUANT 
TO 
TREATY 
FROM 
FOREIGN 
9 
COUNTRIES. 
Section 4106 of title 18, United States Code, is amended to read as 
follows: 
"§ 4106. Transfer of offenders on parole; parole of offenders 
transferred 
"(a) Upon the receipt of an offender who is on parole from the 
authorities of a foreign country, the Attorney General shall assign 
the offender 
to the United 
States Parole Commission 
for 
supervision. 
"(b) The United States Parole Commission and the Chairman of 
the Commission shall have the same powers and duties with ref-
erence to an offender transferred to the United States to serve a 
sentence of imprisonment or who at the time of transfer is on parole 
as they have with reference to an offender convicted in a court of 
the United States except as otherwise provided in this chapter or in 
the pertinent treaty. Sections 4201 through 4204; 4205 (d), (e), and 
(h); 4206 through 4216; and 4218 of this title shall be applicable. 
"(c) An offender transferred to the United States to serve a 
sentence of imprisonment may be released on parole at such time as 
the Parole Commission may determine. 
"(d) This section shall apply only to offenses committed before 
November 1, 1987, and the Parole Commission's performance of its 
responsibilities under this section shall be subject to section 235 of 
the Comprehensive Crime Control Act of 1984.". 
PUBLIC LAW 100-182—DEC. 7, 1987 
101 STAT. 1269 
SEC. 15. PROCEDURE FOR RELIEF OF LABOR DISABILITIES FOLLOWING 
CONVICTION. 
(a) LMRDA AMENDMENT.—Section 504(a) of the Labor Manage-
ment Reporting and Disclosure Act of 1959 (29 U.S.C. 504(a)) is 
amended— 
(1) by striking out "the United States Parole Commission" 
and inserting in lieu thereof "if the offense is a Federal offense, 
the sentencing judge or, if the offense is a State or local offense, 
the United States district court for the district in which the 
offense was committed, pursuant to sentencing guidelines and 
policy statements under section 994(a) of title 28, United States 
' 
Code,"; 
(2) by striking out "Commission" and "Commission's" and 
inserting in lieu thereof "court" and "court's", respectively; and 
(3) by striking out "an administrative hearing" and inserting 
in lieu thereof "a hearing". 
(b) ERISA AMENDMENT.^Section 411(a) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1111(a)) is amended— 
(1) by striking out "the United States Parole Commission" 
and inserting in lieu thereof "if the offense is a Federal offense, 
the sentencing judge or, if the offense is a State or local offense, 
^^* the United States district court for the district in which the 
offense was committed, pursuant to sentencing guidelines and 
'• 
policy statements under section 994(a) of title 28, United States 
Code,"; 
(2) by striking out "Commission shall" and inserting in lieu 
thereof "court shall"; 
(3) by striking out "Commission's" and inserting in lieu 
thereof "court's"; 
(4) by striking out "such Parole Commission" and inserting in 
lieu thereof "such court"; and 
(5) by striking out "an administrative hearing" and inserting 
in lieu thereof "a hearing". 
SEC. 16. PETTY OFFENSE. 
"' 
(a) SENTENCE TO BE IMPOSED IN THE ABSENCE OF AN APPLICABLE 
SENTENCING GUIDELINE.—Section 3553(b) of title 18, United States 
Code, is amended by striking out the last sentence and inserting in 
lieu thereof the following: "In the absence of an applicable sentenc-
ing guideline, the court shall impose an appropriate sentence, 
having due regard for the purposes set forth in subsection (a)(2). In 
the absence of an applicable sentencing guideline in the case of an 
offense other than a petty offense, the court shall also have due 
regard for the relationship of the sentence imposed to sentences 
prescribed by guidelines applicable to similar offenses and offenders, 
and to the applicable policy statements of the Sentencing 
Commission.". 
(b) CONFORMING AMENDMENT.—Section 994(w) of title 28, United 
States Code, is amended by inserting after "each sentence imposed" 
the following: "(other than a sentence imposed for a petty offense, as 
defined in title 18, for which there is no applicable sentencing 
guideline)". 
ik>')!ii 
101 STAT. 1270 
PUBLIC LAW 100-182—DEC. 7, 1987 
Alcohol and 
alcoholic 
beverages. 
Drugs and drug 
abuse. 
Health and 
medical care. 
SEC. 17. MODIFICATION OF REQUIREMENT OF STATING REASONS FOR 
CHOOSING A POINT WITH THE PRESCRIBED SENTENCING 
„ 
RANGE. 
Section 3553(c)(1) of title 18, United States Code, is amended by 
inserting after "in subsection (a)(4)," the following: "and that range 
exceeds 24 months,". 
SEC. 18. CLARIFICATION OF AUTHORITY OF BUREAU OF PRISONS TO 
ACCEPT COMMITMENTS TO ITS COMMUNITY CORRECTIONS 
FACILITY AS CONDITION OF PROBATION OR SUPERVISED 
^ 
RELEASE. 
Section 3563(b)(12) of title 18, United States Code, is amended by 
inserting after "community corrections facility" the following: 
"(including a facility maintained or under contract to the Bureau of 
Prisons)". 
SEC. 19. APPOINTMENT OF COUNSEL IN RELATION TO SUPERVISED 
RELEASE. 
• Section 3006A(a)(l) of title 18, United States Code, is amended— 
(1) by redesignating subparagraphs (E) through (H) as sub-
paragraphs (F) through (I), respectively; and 
(2) by inserting after subparagraph (D) the following new 
subparagraph: 
"(E) is charged with a violation of supervised release or 
faces modification, reduction, or enlargement of a condi-
,v,,; 
tion, or extension or revocation of a term of supervised 
release;". 
SEC. 20. AUTHORITY OF DIRECTOR OF ADMINISTRATIVE OFFICE OF 
UNITED STATES COURTS TO CONTRACT FOR PSYCHIATRIC 
a 
AFTERCARE. 
Section 3672 of title 18, United States Code, is amended— 
"''•' 
(1) by amending the seventh undesignated paragraph to read 
as follows: 
"He shall have the authority to contract with any appropriate 
public or private agency or person for the detection of and care in 
the community of an offender who is an alcohol-dependent person, 
an addict or a drug-dependent person, or a person suffering from a 
psychiatric disorder within the meaning of section 2 of the Public 
Health Service Act. This authority shall include the authority to 
provide equipment and supplies; testing; medical, educational, 
social, psychological 
and 
vocational 
services; corrective 
and 
preventative guidance and training; and other rehabilitative serv-
ices designed to protect the public and benefit the alcohol-dependent 
person, addict or drug-dependent person, or a person suffering from 
a psychiatric disorder by eliminating his dependence on alcohol or 
addicting drugs, by controlling his dependence and his susceptibility 
to addiction, or by treating his psychiatric disorder. He may nego-
tiate and award such contracts without regard to section 3709 of the 
Revised Statutes of the United States."; and 
(2) by adding at the end the following new undesignated 
paragraph: 
"Whenever the court finds that funds are available for payment 
by or on behalf of a person furnished such services, training, or 
guidance, the court may direct that such funds be paid to the 
Director. Any moneys collected under this paragraph shall be used 
PUBLIC LAW 100-182—DEC. 7, 1987 
101 STAT. 1271 
to reimburse the appropriations obligated and disbursed in payment 
for such services, training, or guidance.". 
SEC. 21. EMERGENCY GUIDELINES PROMULGATION AUTHORITY. 
28 USC 994 note. 
(a) IN GENERAL.—In the case of— 
(1) an invalidated sentencing guideline; 
(2) the creation of a new offense or amendment of an existing 
offense; or 
(3) any other reason relating to the application of a previously 
established sentencing guideline, and determined by the United 
States Sentencing Commission to be urgent and compelling; 
,,. 
the Commission, by affirmative vote of at least four members of the 
Commission, and pursuant to its rules and regulations and consist-
ent with all pertinent provisions of title 28 and title 18, United 
States Code, shall promulgate and distribute to all courts of the 
United States and to the United States Probation System a tem-
porary guideline or amendment to an existing guideline, to remain 
in effect until and during the pendency of the next report to 
Congress under section 994(p) of title 28, United States Code. 
(b) EXPIRATION OF AUTHORITY.—The authority of the Commission 
under paragraphs (1) and (2) of subsection (a) shall expire on Novem-
ber 1, 1989. The authority of the Commission to promulgate and 
distrilDute guidelines under paragraph (3) of subsection (a) shall 
expire on May 1,1988. 
SEC. 22. APPLICATION OF RULE 35(b) TO CONDUCT OCCURRING BEFORE 18 USC app. 
EFFECTIVE DATE OF SENTENCING GUIDELINES. 
The amendment to rule 35(b) of the Federal Rules of Criminal 
Procedure made by the order of the Supreme Court on April 29, 
1985, shall apply with respect to all offenses committed before the 
taking effect of section 215(b) of the Comprehensive Crime Control 
Act of 1984. 
SEC. 23. GRADING OF OFFENSES AND DEFENDANT PETITIONS. 
(a) POSTPONEMENT OF DEADLINE FOR COMMISSION REPORT MAKING 
RECOMMENDATIONS ON THE GRADING AND PENALTIES FOR OF-
FENSES.—Section 994(r) of title 28, United States Code, is amended 
by striking out "one year" and inserting in lieu thereof "two years". 
(b) ELIMINATION OF REQUIREMENT THAT SENTENCING COMMISSION 
RESPOND TO DEFENDANT PETITIONS FOR GUIDELINES MODIFICA-
TIONS.—Section 994(s) of title 28, United States Code, is amended by 
striking out the last three sentences. 
SEC. 24. AUTHORITY TO LOWER A SENTENCE BELOW A STATUTORY MINI- 
18 USC 3553 
MUM FOR OLD OFFENSES. 
note. 
Notwithstanding section 235 of the Comprehensive Crime Control 
Act of 1984— 
(1) section 3553(e) of title 18, United States Code; 
(2) rule 35(b) of the Federal Rules of Criminal Procedure as 
amended by section 215(b) of such Act; and 
(3) rule 35(b) as in effect before the taking effect of the initial 
set of guidelines promulgated by the United States Sentencing 
Commission pursuant to chapter 58 of title 28, United States 
Code, 
shall apply in the case of an offense committed before the taking 
effect of such guidelines. 
101 STAT. 1272 
PUBLIC LAW 100-182—DEC. 7, 1987 
n : v'i 
18 u s e 3006A 
note. 
SEC. 25. LIMITATION ON TERM TO BE SERVED FOR VIOLATION OF CONDI-
TIONS OF SUPERVISED RELEASE. 
Section 3583(eX4) of title 18, United States Code, is amended by 
striking out "Commission." and inserting in lieu thereof "Commis-
sion, except that a person whose term is revoked under this para-
graph may not be required to serve more than 3 years in prison if 
the offense for which the person was convicted was a Class B felony, 
or more than 2 years in prison if the offense was a Class C or D 
felony.". 
SEC. 26. GENERAL EFFECTIVE DATE. 
The amendments made by this Act shall apply with respect to 
offenses committed after the enactment of this Act. 
Approved December 7, 1987. 
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LEGISLATIVE HISTORY—S. 1822: 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
Oct. 28, considered and passed Senate. 
Nov. 16, considered and passed House, amended. 
Nov. 20, Senate concurred in House amendments.