18 USC § 3614 - Resentencing upon failure to pay a fine or restitution | Title 18 - Crimes and Criminal Procedure | U.S. Code

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Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) Resentencing.— Subject to the provisions of subsection (b), if a defendant knowingly fails to pay a delinquent fine or restitution the court may resentence the defendant to any sentence which might originally have been imposed.

(b) Imprisonment.— The defendant may be sentenced to a term of imprisonment under subsection (a) only if the court determines that—

(1) the defendant willfully refused to pay the delinquent fine or had failed to make sufficient bona fide efforts to pay the fine; or

(2) in light of the nature of the offense and the characteristics of the person, alternatives to imprisonment are not adequate to serve the purposes of punishment and deterrence.

(c) Effect of Indigency.— In no event shall a defendant be incarcerated under this section solely on the basis of inability to make payments because the defendant is indigent.

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(a) Resentencing.— Subject to the provisions of subsection (b), if a defendant knowingly fails to pay a delinquent fine or restitution the court may resentence the defendant to any sentence which might originally have been imposed.

(b) Imprisonment.— The defendant may be sentenced to a term of imprisonment under subsection (a) only if the court determines that—

(1) the defendant willfully refused to pay the delinquent fine or had failed to make sufficient bona fide efforts to pay the fine; or

(2) in light of the nature of the offense and the characteristics of the person, alternatives to imprisonment are not adequate to serve the purposes of punishment and deterrence.

(c) Effect of Indigency.— In no event shall a defendant be incarcerated under this section solely on the basis of inability to make payments because the defendant is indigent.

Source

(Added Pub. L. 98–473, title II, § 212(a)(2),Oct. 12, 1984, 98 Stat. 2006; amended Pub. L. 104–132, title II, § 207(c)(5),Apr. 24, 1996, 110 Stat. 1240.)

Prior Provisions

For a prior section 3614, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3601 of this title.

Amendments

1996—Pub. L. 104–232, § 207(c)(5)(A), inserted “or restitution” after “fine” in section catchline.

Subsec. (a). Pub. L. 104–232, § 207(c)(5)(B), inserted “or restitution” after “fine”.

Subsec. (c). Pub. L. 104–232, § 207(c)(5)(C), added subsec. (c).

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–132to be effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 ofPub. L. 104–132, set out as a note under section 2248 of this title.

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) ofPub. L. 98–473, set out as a note under section 3551 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 3, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt [tbl]" means note [table].
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"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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Refer to the Thomas site for changes that have not yet made it into the classification tables.

18 USC	Description of Change	Session Year	Public Law	Statutes at Large

18 USC § 3614 - Resentencing upon failure to pay a fine or restitution

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