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2004 Guide Lines: News from the U.S. Sentencing Commission 1 (2004)

handle is hein.usfed/gdlusc2004 and id is 1 raw text is: QaideLi nes News from the U.S. Sentencing Commission Panel on t he Sent enci ng Gui deli nes for Organizations Issues Final Report The Ad Hoc Advisory Group on the Organizational Sentencing Guidelines on October 8 delivered its final report to the Sentencing Commission. The report is the culmination of an 18-month process to review the effectiveness of the organizational guidelines and solicit suggestions for their improvement. While the report concludes that the organizational guidelines have induced many organizations to focus on compliance and to create programs to prevent and detect violations of the law, it also recommends amending the existing organizational guidelines in order to reflect contemporary legislative, regulatory, and corporate governance requirements. The advisory group's proposed amendments - *promote an organizational culture that encourages a commitment to compliance; * require compliance training at all levels of the organization; * define high-level personnel's responsibilities for compliance programs; * require programs to provide anonymous reporting mechanisms for potential violations of law, and * require ongoing risk assessments as an essential component of the design, implementation, and modification of an effective program. Organizations Continued on page 3 January 2004 Sentencing Commission Responds to PROTECT Act The PROTECT Act (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003, Pub. L. No. 108-21) directed the Commission to promulgate, within 180 days, guideline amendments that would reduce the frequency with which courts depart below the sentencing guidelines. In response, the Commission implemented an amendment affecting several guideline departure provisions. The amendment became effective October 27, 2003, and was accompanied by a comprehensive report to Congress entitled Do-m urd Departures from the Sentencing Guidelines. The amendment prohibits several grounds for departure, including (1) the defendant's acceptance of responsibility, (2) the defendant's mitigating role in the offense, (3) the defendant's decision to plead guilty to the offense or to enter into a plea agreement, (4) the defendant's fulfillment of legally required restitution, and (5) the defendant's addiction to gambling. The amendment also prohibits armed career criminals and repeat and dangerous sex offenders from being considered for criminal history departures. In addition, the amendment imposes increased restrictions on the availability of departures based on aberrant behavior, family ties and responsibilities, victim's conduct, coercion and duress, and diminished capacity. PROTECT Continued on vaw 3 (Left to right) Tracy Toulou, Celia Rumann, Chief Judge Lawrence Piersol, DianeHumetewa, and Tom Peckham, of the Ad Hoc Native American Advisory Group, presented the group's final report to the Commission in November. Seestory on page 4.

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