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Title 28, Judiciary and Judicial ProcedureRelease 119-102

§334 Institutes and Joint Councils on Sentencing

Title 28 › PART I — ORGANIZATION OF COURTS › CHAPTER 15 — CONFERENCES AND COUNCILS OF JUDGES › § 334

Last updated Aug 21, 2026|Official source

Summary

Allows the Judicial Conference of the United States to create institutes and joint councils on sentencing when the Attorney General or a circuit’s chief judge asks for them through the Director of the Administrative Office of the U.S. Courts. Their job is to study and make goals, policies, standards, and rules for sentencing people convicted in federal courts. Meetings can cover things like presentence reports, choosing cases to study, how mental, social, and physical factors affect sentences, special problems in unusual cases (such as treason, crimes against public trust, subversion, sexual or addiction issues, and disabilities), and general rules to help make sentencing fair. After the Judicial Conference approves the plans, each circuit chief judge can invite district judges. The Attorney General can send U.S. attorneys and other DOJ officials and invite outside experts. Judges’ expenses come from judiciary funds. Costs for DOJ planning and invited participants come from Justice Department funds.

Full Legal Text

Title 28, §334

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)In the interest of uniformity in sentencing procedures, there is hereby authorized to be established under the auspices of the Judicial Conference of the United States, institutes and joint councils on sentencing. The Attorney General and/or the chief judge of each circuit may at any time request, through the Director of the Administrative Office of the United States Courts, the Judicial Conference to convene such institutes and joint councils for the purpose of studying, discussing, and formulating the objectives, policies, standards, and criteria for sentencing those convicted of crimes and offenses in the courts of the United States. The agenda of the institutes and joint councils may include but shall not be 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, sociological and physiological factors involved in crime and their bearing upon sentences; (4) the discussion of special sentencing problems in unusual cases such as treason, violation of public trust, subversion, or involving abnormal sex behavior, addiction to drugs or alcohol, and mental or physical handicaps; (5) the formulation of sentencing principles and criteria which will assist in promoting the equitable administration of the criminal laws of the United States.
(b)After the Judicial Conference has approved the time, place, participants, agenda, and other arrangements for such institutes and joint councils, the chief judge of each circuit is authorized to invite the attendance of district judges under conditions which he thinks proper and which will not unduly delay the work of the courts.
(c)The Attorney General is authorized to select and direct the attendance at such institutes and meetings of United States attorneys and other officials of the Department of Justice and may invite the participation of other interested Federal officers. He may also invite specialists in sentencing methods, criminologists, psychiatrists, penologists, and others to participate in the proceedings.
(d)The expenses of attendance of judges shall be paid from applicable appropriations for the judiciary of the United States. 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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Sentencing Procedures Pub. L. 85–752, § 7, Aug. 25, 1958, 72 Stat. 847, provided that: “This Act [enacting this section, section 4208 and 4209 of Title 18, Crimes and Criminal Procedure, and provisions set out as a note under section 4208 of Title 18] does not apply to any offense for which there is provided a mandatory penalty.”

Reference

Citations & Metadata

Citation

28 U.S.C. § 334

Title 28, Judiciary and Judicial Procedure

Last Updated

Aug 21, 2026

Release point: 119-102