18 U.S.C. § 3582: Imposition of a sentence of…

Summary

Requires judges to think about the factors listed in section 3553(a) when deciding whether to send someone to prison and how long the sentence will be. The judge must also remember that prison is not the right way to promote correction and rehabilitation. When choosing a prison type, the judge should look at any relevant policy guidance from the Sentencing Commission. Even though a prison sentence can later be changed under rules like Rule 35, section 3742, or other allowed modifications, the conviction judgment is final for other purposes. A judge cannot change a prison term after it is set except in specific cases. The court can reduce a sentence if the Bureau of Prisons (BOP) director asks, or if the prisoner asks after he or she has exhausted BOP administrative appeals or 30 days have passed since the warden got the request. The court may cut a sentence if there are extraordinary and compelling reasons, or if the prisoner is at least 70 years old, has served 30 years under a sentence imposed under section 3559(c), and the BOP director finds the prisoner is not a danger, and any reduction fits Sentencing Commission policy. The court can also change a sentence if another statute or Rule 35 allows it, or if the Sentencing Commission later lowers the guideline range under 28 U.S.C. 994(o) and a reduction fits the Commission’s rules. Defines “terminal illness” as a disease with an end‑of‑life path. The BOP must, subject to confidentiality rules, notify a prisoner’s attorney, partner, and family within 72 hours of a terminal diagnosis, offer visits within 7 days, help prepare and file a request for a sentence reduction if asked, and process such requests within 14 days of receipt. If a prisoner cannot act, the BOP must tell attorney, partner, and family they can file for the prisoner, accept and process those requests, and help prepare them if asked. BOP facilities must clearly post and share information about how to request a reduction, timelines, and appeal rights. Starting one year after December 21, 2018, and every year after, the BOP director must report to the House and Senate Judiciary Committees on requests for sentence reductions, with data on approvals, denials, who filed them, timeframes, deaths while pending, visits, and appeals. For certain racketeering or major drug felonies, the court may order the prisoner not to associate with specified people (other than the prisoner’s lawyer) if there is probable cause that such contact would help the prisoner run or join an illegal enterprise.

Title 18, §3582

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Factors To Be Considered in Imposing a Term of Imprisonment.—

The court, in determining whether to impose a term of imprisonment, and, if a term of imprisonment is to be imposed, in determining the length of the term, shall consider the factors set forth in section 3553(a) to the extent that they are applicable, recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation. In determining whether to make a recommendation concerning the type of prison facility appropriate for the defendant, the court shall consider any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2).

(b)Effect of Finality of Judgment.—

Notwithstanding the fact that a sentence to imprisonment can subsequently be—

(1)modified pursuant to the provisions of subsection (c);

(2)corrected pursuant to the provisions of rule 35 of the Federal Rules of Criminal Procedure and section 3742; or

(3)appealed and modified, if outside the guideline range, pursuant to the provisions of section 3742;

a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes.

(c)Modification of an Imposed Term of Imprisonment.—

The court may not modify a term of imprisonment once it has been imposed except that—

(1)in any case—

(A)the court, upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier, may reduce the term of imprisonment (and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that—

(i)extraordinary and compelling reasons warrant such a reduction; or

(ii)the defendant is at least 70 years of age, has served at least 30 years in prison, pursuant to a sentence imposed under section 3559(c), for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community, as provided under section 3142(g);

and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission; and

(B)the court may modify an imposed term of imprisonment to the extent otherwise expressly permitted by statute or by Rule 35 of the Federal Rules of Criminal Procedure; and

(2)in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(o), upon motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.

(d)Notification Requirements.—

(1)Terminal illness defined.—

In this subsection, the term “terminal illness” means a disease or condition with an end-of-life trajectory.

(2)Notification.—

The Bureau of Prisons shall, subject to any applicable confidentiality requirements—

(A)in the case of a defendant diagnosed with a terminal illness—

(i)not later than 72 hours after the diagnosis notify the defendant’s attorney, partner, and family members of the defendant’s condition and inform the defendant’s attorney, partner, and family members that they may prepare and submit on the defendant’s behalf a request for a sentence reduction pursuant to subsection (c)(1)(A);

(ii)not later than 7 days after the date of the diagnosis, provide the defendant’s partner and family members (including extended family) with an opportunity to visit the defendant in person;

(iii)upon request from the defendant or his attorney, partner, or a family member, ensure that Bureau of Prisons employees assist the defendant in the preparation, drafting, and submission of a request for a sentence reduction pursuant to subsection (c)(1)(A); and

(iv)not later than 14 days of receipt of a request for a sentence reduction submitted on the defendant’s behalf by the defendant or the defendant’s attorney, partner, or family member, process the request;

(B)in the case of a defendant who is physically or mentally unable to submit a request for a sentence reduction pursuant to subsection (c)(1)(A)—

(i)inform the defendant’s attorney, partner, and family members that they may prepare and submit on the defendant’s behalf a request for a sentence reduction pursuant to subsection (c)(1)(A);

(ii)accept and process a request for sentence reduction that has been prepared and submitted on the defendant’s behalf by the defendant’s attorney, partner, or family member under clause (i); and

(iii)upon request from the defendant or his attorney, partner, or family member, ensure that Bureau of Prisons employees assist the defendant in the preparation, drafting, and submission of a request for a sentence reduction pursuant to subsection (c)(1)(A); and

(C)ensure that all Bureau of Prisons facilities regularly and visibly post, including in prisoner handbooks, staff training materials, and facility law libraries and medical and hospice facilities, and make available to prisoners upon demand, notice of—

(i)a defendant’s ability to request a sentence reduction pursuant to subsection (c)(1)(A);

(ii)the procedures and timelines for initiating and resolving requests described in clause (i); and

(iii)the right to appeal a denial of a request described in clause (i) after all administrative rights to appeal within the Bureau of Prisons have been exhausted.

(3)Annual report.—

Not later than 1 year after December 21, 2018, and once every year thereafter, the Director of the Bureau of Prisons shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on requests for sentence reductions pursuant to subsection (c)(1)(A), which shall include a description of, for the previous year—

(A)the number of prisoners granted and denied sentence reductions, categorized by the criteria relied on as the grounds for a reduction in sentence;

(B)the number of requests initiated by or on behalf of prisoners, categorized by the criteria relied on as the grounds for a reduction in sentence;

(C)the number of requests that Bureau of Prisons employees assisted prisoners in drafting, preparing, or submitting, categorized by the criteria relied on as the grounds for a reduction in sentence, and the final decision made in each request;

(D)the number of requests that attorneys, partners, or family members submitted on a defendant’s behalf, categorized by the criteria relied on as the grounds for a reduction in sentence, and the final decision made in each request;

(E)the number of requests approved by the Director of the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence;

(F)the number of requests denied by the Director of the Bureau of Prisons and the reasons given for each denial, categorized by the criteria relied on as the grounds for a reduction in sentence;

(G)for each request, the time elapsed between the date the request was received by the warden and the final decision, categorized by the criteria relied on as the grounds for a reduction in sentence;

(H)for each request, the number of prisoners who died while their request was pending and, for each, the amount of time that had elapsed between the date the request was received by the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence;

(I)the number of Bureau of Prisons notifications to attorneys, partners, and family members of their right to visit a terminally ill defendant as required under paragraph (2)(A)(ii) and, for each, whether a visit occurred and how much time elapsed between the notification and the visit;

(J)the number of visits to terminally ill prisoners that were denied by the Bureau of Prisons due to security or other concerns, and the reasons given for each denial; and

(K)the number of motions filed by defendants with the court after all administrative rights to appeal a denial of a sentence reduction had been exhausted, the outcome of each motion, and the time that had elapsed between the date the request was first received by the Bureau of Prisons and the date the defendant filed the motion with the court.

(e)Inclusion of an Order To Limit Criminal Association of Organized Crime and Drug Offenders.—

The court, in imposing a sentence to a term of imprisonment upon a defendant convicted of a felony set forth in chapter 95 (racketeering) or 96 (racketeer influenced and corrupt organizations) of this title or in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 801 et seq.), or at any time thereafter upon motion by the Director of the Bureau of Prisons or a United States attorney, may include as a part of the sentence an order that requires that the defendant not associate or communicate with a specified person, other than his attorney, upon a showing of probable cause to believe that association or communication with such person is for the purpose of enabling the defendant to control, manage, direct, finance, or otherwise participate in an illegal enterprise.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (b)(2), are set out in the Appendix to this title. The Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to in subsec. (e), is Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236, which is classified principally to chapter 13 (§ 801 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see

Short Title

note set out under section 801 of Title 21 and Tables.

Amendments

2018—Subsec. (c)(1)(A). Pub. L. 115–391, § 603(b)(1), in introductory provisions, inserted “or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier,” after “Bureau of Prisons,”. Subsecs. (d), (e). Pub. L. 115–391, § 603(b)(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e). 2002—Subsec. (c)(1)(A). Pub. L. 107–273 inserted “(and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment)” after “may reduce the term of imprisonment” in introductory provisions. 1996—Subsec. (c)(1)(A)(i). Pub. L. 104–294 inserted “or” after semicolon at end. 1994—Subsec. (c)(1)(A). Pub. L. 103–322, inserted a dash after “if it finds that”, designated “extraordinary and compelling reasons warrant such a reduction” as cl. (i), inserted a semicolon at end of cl. (i), realigned margins accordingly, and added cl. (ii) before concluding provisions. 1990—Subsec. (b)(2). Pub. L. 101–647 inserted “of the Federal Rules of Criminal Procedure” after “rule 35”. 1988—Subsec. (c)(2). Pub. L. 100–690 substituted “994(o)” for “994(n)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.

§3582 Imposition of a Sentence of Imprisonment

Summary

Title 18, §3582

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata