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

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