18 U.S.C. § 3613 — Civil remedies for satisfaction of an un-

Page 840 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3613 1 So in original. Probably should be ‘‘section’’. ‘‘(b) The Attorney General shall, within one hundred and eighty days after the effective date of this Act, de- clare all fines for which this obligation is unfulfilled to be in criminal default, subject to the civil and criminal remedies established by amendments made by this Act [see Short Title note set out under section 3551 of this title]. No interest or monetary penalties shall be charged on any fines subject to this section. ‘‘(c) Not later than one year following the effective date of this Act, the Attorney General shall include in the annual crime report steps taken to implement this Act and the progress achieved in criminal fine collec- tion, including collection data for each judicial dis- trict.’’ § 3613. Civil remedies for satisfaction of an un- paid fine (a) ENFORCEMENT.—The United States may en- force a judgment imposing a fine in accordance with the practices and procedures for the en- forcement of a civil judgment under Federal law or State law. Notwithstanding any other Fed- eral law (including section 207 of the Social Se- curity Act), a judgment imposing a fine may be enforced against all property or rights to prop- erty of the person fined, except that— (1) property exempt from levy for taxes pur- suant to section 6334(a)(1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) of the Internal Revenue Code of 1986 shall be exempt from enforcement of the judgment under Federal law; (2) section 3014 of chapter 176 of title 28 shall not apply to enforcement under Federal law; and (3) the provisions of section 303 of the Con- sumer Credit Protection Act (15 U.S.C. 1673) shall apply to enforcement of the judgment under Federal law or State law. (b) TERMINATION OF LIABILITY.—The liability to pay a fine shall terminate the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the per- son fined, or upon the death of the individual fined. The liability to pay restitution shall ter- minate on the date that is the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person ordered to pay restitution. In the event of the death of the person ordered to pay restitution, the indi- vidual’s estate will be held responsible for any unpaid balance of the restitution amount, and the lien provided in subsection (c) of this section shall continue until the estate receives a writ- ten release of that liability. (c) LIEN.—A fine imposed pursuant to the pro- visions of subchapter C of chapter 227 of this title, an assessment imposed pursuant to section 2259A of this title, or an order of restitution made pursuant to sections 1 2248, 2259, 2264, 2327, 3663, 3663A, or 3664 of this title, is a lien in favor of the United States on all property and rights to property of the person fined as if the liability of the person fined were a liability for a tax as- sessed under the Internal Revenue Code of 1986. The lien arises on the entry of judgment and continues for 20 years or until the liability is satisfied, remitted, set aside, or is terminated under subsection (b). (d) EFFECT OF FILING NOTICE OF LIEN.—Upon filing of a notice of lien in the manner in which a notice of tax lien would be filed under section 6323(f)(1) and (2) of the Internal Revenue Code of 1986, the lien shall be valid against any pur- chaser, holder of a security interest, mechanic’s lienor or judgment lien creditor, except with re- spect to properties or transactions specified in subsection (b), (c), or (d) of section 6323 of the Internal Revenue Code of 1986 for which a notice of tax lien properly filed on the same date would not be valid. The notice of lien shall be consid- ered a notice of lien for taxes payable to the United States for the purpose of any State or local law providing for the filing of a notice of a tax lien. A notice of lien that is registered, re- corded, docketed, or indexed in accordance with the rules and requirements relating to judg- ments of the courts of the State where the no- tice of lien is registered, recorded, docketed, or indexed shall be considered for all purposes as the filing prescribed by this section. The provi- sions of section 3201(e) of chapter 176 of title 28 shall apply to liens filed as prescribed by this section. (e) DISCHARGE OF DEBT INAPPLICABLE.—No dis- charge of debts in a proceeding pursuant to any chapter of title 11, United States Code, shall dis- charge liability to pay a fine pursuant to this section, and a lien filed as prescribed by this section shall not be voided in a bankruptcy pro- ceeding. (f) APPLICABILITY TO ORDER OF RESTITUTION.— In accordance with section 3664(m)(1)(A) of this title, all provisions of this section are available to the United States for the enforcement of an order of restitution. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2005; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101–647, title XXXV, § 3593, Nov. 29, 1990, 104 Stat. 4931; Pub. L. 104–132, title II, § 207(c)(3), Apr. 24, 1996, 110 Stat. 1238; Pub. L. 114–324, § 2(b), Dec. 16, 2016, 130 Stat. 1948; Pub. L. 115–299, § 7(a), Dec. 7, 2018, 132 Stat. 4388.) Editorial Notes REFERENCES IN TEXT Section 207 of the Social Security Act, referred to in subsec. (a), is classified to section 407 of Title 42, The Public Health and Welfare. The Internal Revenue Code of 1986, referred to in sub- secs. (a)(1), (c), and (d), is classified generally to Title 26, Internal Revenue Code. PRIOR PROVISIONS For a prior section 3613, applicable to offenses com- mitted prior to Nov. 1, 1987, see note set out preceding section 3601 of this title. AMENDMENTS 2018—Subsec. (c). Pub. L. 115–299 inserted ‘‘an assess- ment imposed pursuant to section 2259A of this title,’’ after ‘‘pursuant to the provisions of subchapter C of chapter 227 of this title,’’. 2016—Subsec. (b). Pub. L. 114–324 inserted at end ‘‘The liability to pay restitution shall terminate on the date that is the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person ordered to pay restitution. In the event of the death of the person ordered to pay restitution, the indi- vidual’s estate will be held responsible for any unpaid balance of the restitution amount, and the lien pro- vided in subsection (c) of this section shall continue 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. 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 sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3613A. Effect of default (a)(1) Upon a finding that the defendant is in default on a payment of a fine or restitution, the court may, pursuant to section 3565, revoke pro- bation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, resentence a defendant pursuant to section 3614, hold the defendant in contempt of court, enter a restraining order or injunction, order the sale of property of the de- fendant, accept a performance bond, enter or ad- just a payment schedule, or take any other ac- tion necessary to obtain compliance with the order of a fine or restitution. (2) In determining what action to take, the court shall consider the defendant’s employment status, earning ability, financial resources, the willfulness in failing to comply with the fine or restitution order, and any other circumstances that may have a bearing on the defendant’s abil- ity or failure to comply with the order of a fine or restitution. (b)(1) Any hearing held pursuant to this sec- tion may be conducted by a magistrate judge, subject to de novo review by the court. (2) To the extent practicable, in a hearing held pursuant to this section involving a defendant who is confined in any jail, prison, or other cor- rectional facility, proceedings in which the pris- oner’s participation is required or permitted shall be conducted by telephone, video con- ference, or other communications technology without removing the prisoner from the facility in which the prisoner is confined. (Added Pub. L. 104–132, title II, § 207(c)(4), Apr. 24, 1996, 110 Stat. 1239.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section to be effective, to extent constitutionally permissible, for sentencing proceedings in cases in which the defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as an Ef- fective Date of 1996 Amendment note under section 2248 of this title. § 3614. Resentencing upon failure to pay a fine or restitution (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 sen- tenced to a term of imprisonment under sub- section (a) only if the court determines that— (1) the defendant willfully refused to pay the delinquent fine or had failed to make suffi- cient 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 pay- ments because the defendant is indigent. (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 PRIOR PROVISIONS For a prior section 3614, applicable to offenses com- mitted 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 res- titution’’ 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 sub- sec. (c). 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. 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 sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3615. Criminal default Whoever, having been sentenced to pay a fine, willfully fails to pay the fine, shall be fined not