Page:United States Statutes at Large Volume 102 Part 5.djvu/410

 102 STAT. 4416

PUBLIC LAW 100-690—NOV. 18, 1988 (d) APPOINTMENT OF GUARDIANS AD LITEM AND PROVISION OF

COUNSEL.—Section 4109 of title 18, United States Code, is amended— (1) by inserting "(a)" before "In proceedings"; and (2) by adding at the end the following: "(b) Guardians ad litem appointed by the verifying officer under section 4100 of this title to represent offenders who are financially unable to provide for compensation and travel expenses of the guardian ad litem shall be compensated and reimbursed under subsection (a)(1) of this section, "(c) The offender shall have the right to advice of counsel in proceedings before the United States Parole Commission under section 4106A of this title and in an appeal from a determination of such Commission under such section. If the offender is financially unable to obtain counsel, counsel for such proceedings and appeal shall be appointed under section 3006A of this title.". (e) CONSENT TO TRANSFER BY GUARDIANS FOR INCOMPETENTS; APPOINTMENT OF GUARDIAN INDEPENDENT OF APPOINTMENT OF COUN-

SEL.—Section 4100flt)) of title 18, United States Code, is amended— (1) in the last sentence, by— (A) inserting ", or is deemed by the verifying officer to be mentally incompetent or otherwise incapable of knowingly and voluntarily consenting to the transfer," after "under eighteen years of age"; and (B) inserting ", guardian ad litem," after "guardian"; and (2) by adding at the end the following: "The appointment of a guardian ad litem shall be independent of the appointment of counsel under section 4109 of this title.". (f) CONFORMING AMENDMENTS AND COMPENSATION MAXIMA RELATING TO PROVISION OF COUNSEL.—(1) Section 3006A(a)(l) of title 18,

United States Code, is amended— (A) by striking "or" at the end of subparagraph (H); (B) by striking the period at the end of subparagraph (I) and inserting "; or"; and (C) by adding at the end the following: (J) is entitled to the appointment of counsel under section 4109 of this title.". (2) Section 3006A(d)(2) of title 18, United States Code, is amended by inserting after the second sentence the following: "For representation of an offender before the United States Parole Commission in a proceeding under section 4106A of this title, the compensation shall not exceed $750 for each attorney in each proceeding; for representation of an offender in an appeal from a determination of such Commission under such section, the compensation shall not exceed $2,500 for each attorney in each court." SEC. 7102. RECORDS OTHER THAN TRANSCRIPTS.

Section 3553(c) of title 18, United States (Dode, is amended by— (1) inserting after "transcription" the following: "or other appropriate public record"; and (2) striking "clerk of the" in the last sentence. SEC. 7103. STANDARD OF REVIEW.

(a) TITLE 18 AMENDMEHMT.—Section 3742 of title 18, United States Code, is amended— (1) in subsections (a)(2) and (b)(2), by striking "issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)";

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