Page:United States Statutes at Large Volume 98 Part 2.djvu/879

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2039

"He shall keep informed concerning the conduct, condition, and compliance with any condition of probation, including the payment of a fine or restitution of each probationer under his supervision, and shall report thereon to the court placing such person on probation. He shall report to the court any failure of a probationer under his supervision to pay a fine in default within thirty days after notification that it is in default so that the court may determine whether probation should be revoked.". (e) Section 4209 of title 18, United States Code, is amended in subsection (a) by striking out the period at the end of the first sentence and inserting in lieu thereof "and, in a case involving a criminal fine that has not already been paid, that the parolee pay or agree to adhere to an installment schedule, not to exceed two years except in special circumstances, to pay for any fine imposed for the offense.". (f) Subsection (b)(l) of section 4214 of title 18, United States Code, is amended by adding after "parole" the following: "or a failure to pay a fine in default within thirty days after notification that it is in default". (g)(1) Section 3565 of title 18, United States Code, is repealed. (2) The table of sections for chapter 227 of title 18, United States Code, is amended by striking out the item for section 3565 and inserting in lieu thereof the following:

Ante, p. 2027.

Ante, p. 2027.

Repeal. Ante, p. 1995.

"3565. Repealed.".

(h) Section 3569 of title 18, United States Code, is amended by— (1) striking out "(a)"; and (2) striking out subsection (b). (i) This section shall be repealed on the first day of the first calendar month beginning twenty-four months after the date of enactment of this Act. SEC. 239. 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

Repeal. 18 USC 3565 note. 18 USC 3551 note.