§991 United States Sentencing Commission; Establishment and Purposes

Summary

Creates an independent United States Sentencing Commission in the judicial branch. It must have seven voting members and one nonvoting member. The President appoints the voting members with the Senate’s approval after talking with judges, prosecutors, defense lawyers, police, senior citizens, crime victims, and others. One appointee must be chosen as Chair and three as Vice Chairs. At least three members must be federal judges picked after the President considers six judges recommended by the Judicial Conference. No more than four commissioners can be from the same political party, and among the three Vice Chairs no more than two can be from the same party. The Attorney General, or a designee, is a nonvoting member. Members can be removed by the President only for neglect of duty, wrongdoing in office, or other good cause. The Commission must set federal sentencing policies and practices to meet the goals listed in section 3553(a)(2) of title 18, United States Code. It must make sentences fair and predictable, avoid unfair differences for similar offenders, allow flexibility for special circumstances, and use advances in knowledge about human behavior. It must also create ways to measure how well sentencing, prison, and correctional practices meet those goals.