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18 U.S.C. § 3614 — Resentencing upon failure to pay a fine or restitution
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-18/section-3614-resentencing-upon-failure-to-pay-a-fine-or-restitution--8647f37a68.md
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Source location: Title 18, Chapter 229, § 3614; chapter-229-postsentence-administration.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
A person who has been sentenced to probation pursuant to the provisions of subchapter B of chapter 227, or placed on probation pursuant to the provisions of chapter 403, or placed on supervised release pursuant to the provisions of section 3583, shall, during the term imposed, be supervised by a probation officer to the degree warranted by the conditions specified by the sentencing court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case.
**(b) Individuals.—** An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—
(1) a term of probation as authorized by subchapter B;
(2) a fine as authorized by subchapter C; or
(3) a term of imprisonment as authorized by subchapter D.
A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
**(c) Organizations.—** An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—
(1) a term of probation as authorized by subchapter B; or
(2) a fine as authorized by subchapter C.
A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3551
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.
**(b) Scope and Nature of Order.—**
(1) **Directions.—** — The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2).
(2) **Enforcement.—** — An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.
(3) **Definition.—** — For purposes of this subsection, the term “full amount of the victim’s losses” includes any costs incurred by the victim for—
(A) medical services relating to physical, psychiatric, or psychological care;
(B) physical and occupational therapy or rehabilitation;
(C) necessary transportation, temporary housing, and child care expenses;
(D) lost income;
(E) attorneys’ fees, plus any costs incurred in obtaining a civil protection order; and
(F) any other losses suffered by the victim as a proximate result of the offense.
(4) **Order mandatory.—**
(A) The issuance of a restitution order under this section is mandatory.
(B) A court may not decline to issue an order under this section because of—
(i) the economic circumstances of the defendant; or
(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.
**(c) Definition.—** For purposes of this section, the term “victim” means the individual harmed as a result of a commission of a crime under this chapter, including,
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2248
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Federal law — U.S. Code and appendices · legal_authorities
Page 841
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3615
until the estate receives a written release of that li-
ability.’’
1996—Pub. L. 104–132 amended section generally, re-
enacting section catchline without change and sub-
stituting, in subsec. (a), provisions relating to enforce-
ment for provisions relating to lien, in subsec. (b), pro-
visions relating to termination of liability for provi-
sions relating to expiration of lien, in subsec. (c), provi-
sions relating to lien for provisions relating to applica-
tion of other lien provisions, in subsec. (d), provisions
relating to effect of filing notice of lien for provisions
relating to effect of notice of lien, in subsec. (e), provi-
sions relating to inapplicability of bankruptcy dis-
charges of debt for provisions relating to alternative
enforcement, and in subsec. (f), provisions relating to
applicability to order of restitution for provisions re-
lating to inapplicability of bankruptcy discharges of
debt.
1990—Subsec. (c). Pub. L. 101–647, which directed
amendment of ‘‘Section 3613(c)’’ by striking the period
before the closing quotation marks and inserting a pe-
riod after such marks, without identifying a Code title
or Act for section 3613, was executed by substituting
‘‘construed to mean ‘fine’.’’ for ‘‘construed to mean
‘fine.’ ’’ in subsec. (c) of this section to reflect the prob-
able intent of Congress.
1986—Subsecs. (b) to (d). Pub. L. 99–514 substituted
‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue
Code of 1954’’ wherever appearing.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–132 to be effective, to ex-
tent constitutionally permissible, for sentencing pro-
ceedings in cases in which defendant is convicted on or
after Apr
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3614
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