AMENDMENT 383
Section 5E1.1 is amended by redesignating subsections (b) and (c) as (c) and (d), respectively; and by deleting:
"(a) Restitution shall be ordered for convictions under Title 18 of the United States Code or under 49 U.S.C. § 1472(h), (i), (j) or (n) in accordance with 18 U.S.C. § 3663(d), and may be ordered as a condition of probation or supervised release in any other case.",
and inserting in lieu thereof:
"(a) The court shall --
(1) enter a restitution order if such order is authorized under 18 U.S.C. §§ 3663-3664; or
(2) if a restitution order would be authorized under 18 U.S.C. §§ 3663-3664, except for the fact that the offense of conviction is not an offense set forth in Title 18, United States Code, or 49 U.S.C. § 1472(h), (i), (j), or (n), impose a term of probation or supervised release with a condition requiring restitution.
(b) Provided, that the provisions of subsection (a) do not apply when full restitution has been made, or to the extent the court determines that the complication and prolongation of the sentencing process resulting from the fashioning of a restitution requirement outweighs the need to provide restitution to any victims through the criminal process.".
The Commentary to §5E1.1 captioned "Background" is amended in the first paragraph by deleting the last sentence as follows:
"An order of restitution may be appropriate in offenses not specifically referenced in 18 U.S.C. § 3663 where victims require relief more promptly than the civil justice system provides.".
The Commentary to §5E1.1 captioned "Background" is amended in the second paragraph by deleting "5E1.1 requires the court to order restitution for offenses under Title 18, or 49 U.S.C. § 1472(h), (i), (j) or (n), unless" and inserting in lieu thereof "(a)(1) of this guideline requires the court to order restitution for offenses under Title 18, United States Code, or 49 U.S.C. § 1472(h), (i), (j) or (n), unless full restitution has already been made or".
The Commentary to §5E1.1 captioned "Background" is amended in the sixth paragraph by deleting "how and to whom" and by inserting in lieu thereof "the manner in which, and the persons to whom,".
The Commentary to §5E1.1. captioned "Background" is amended by inserting the following additional paragraph at the end:
" Subsection (a)(2) provides for restitution as a condition of probation or supervised release for offenses not set forth in Title 18, United States Code, or 49 U.S.C. § 1472(h), (i), (j), or (n).".
Reason for Amendment: This amendment expands §5E1.1 to require restitution as a condition of probation or supervised release for offenses not set forth in Title 18 and 49 U.S.C. § 1472(h), (i), (j), and (n). Currently, §5E1.1 permits, but does not require, restitution to be ordered as a condition of probation or supervised release for offenses not set forth in Title 18, United States Code, or 49 U.S.C. § 1472(h) (i), (j), and (n).
Effective Date: The effective date of this amendment is November 1, 1991.