18 U.S.C. § 3614 — Resentencing upon failure to pay a fine or restitution

FEDERAL · 18 U.S.C. · Chapter SUBCHAPTER B—FINES

Resentencing upon failure to pay a fine or restitution

18 U.S.C. § 3614

ChapterSUBCHAPTER B—FINES

This text of 18 U.S.C. § 3614 (Resentencing upon failure to pay a fine or restitution) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

18 U.S.C. § 3614.

Text

(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

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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 Credit

History

(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.)

Editorial Notes

Editorial Notes

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).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment
Amendment by Pub. L. 104–132 to 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 of Pub. 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) of Pub. L. 98–473, set out as a note under section 3551 of this title.

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Bluebook (online)

18 U.S.C. § 3614, Counsel Stack Legal Research, https://law.counselstack.com/usc/18/3614.