18 U.S.C. § 3611 — Payment of a fine or restitution

Page 836 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3608 1 See References in Text note below. 1 So in original. Probably should not appear. 2 So in original. Does not conform to section catchline. the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings. A person concerning whom such an order has been entered shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge such arrests or institution of criminal proceedings, or the results thereof, in response to an inquiry made of him for any pur- pose. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2003.) Statutory Notes and Related Subsidiaries 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. § 3608. Drug testing of Federal offenders on post- conviction release The Director of the Administrative Office of the United States Courts, in consultation with the Attorney General and the Secretary of Health and Human Services, shall, subject to the availability of appropriations, establish a program of drug testing of Federal offenders on post-conviction release. The program shall in- clude such standards and guidelines as the Di- rector may determine necessary to ensure the reliability and accuracy of the drug testing pro- grams. In each judicial district the chief proba- tion officer shall arrange for the drug testing of defendants on post-conviction release pursuant to a conviction for a felony or other offense de- scribed in section 3563(a)(4).1 (Added Pub. L. 103–322, title II, § 20414(a)(1), Sept. 13, 1994, 108 Stat. 1830.) Editorial Notes REFERENCES IN TEXT Section 3563(a)(4), referred to in text, probably means the par. (4) of section 3563(a) added by section 20414(b)(3) of Pub. L. 103–322, which was renumbered par. (5) by Pub. L. 104–132, title II, § 203(1)(C), Apr. 24, 1996, 110 Stat. 1227. SUBCHAPTER B—FINES SUBCHAPTER B—FINES 1 Sec. 3611. Payment of a fine or restitution. 3612. Collection of an unpaid fine or restitution.2 3613. Civil remedies for satisfaction of an unpaid fine. 3613A. Effect of default. 3614. Resentencing upon failure to pay a fine or restitution. 3615. Criminal default. Editorial Notes AMENDMENTS 1996—Pub. L. 104–132, title II, § 207(d), Apr. 24, 1996, 110 Stat. 1240, amended table of sections generally, insert- ing ‘‘or restitution’’ after ‘‘fine’’ in items 3611, 3612, and 3614, reenacting items 3613 and 3615 without change, and adding item 3613A. 1994—Pub. L. 103–322, title XXXIII, § 330010(3), Sept. 13, 1994, 108 Stat. 2143, transferred analysis of this sub- chapter to follow heading for this subchapter. § 3611. Payment of a fine or restitution A person who is sentenced to pay a fine, as- sessment, or restitution, shall pay the fine, as- sessment, or restitution (including any interest or penalty), as specified by the Director of the Administrative Office of the United States Courts. Such Director may specify that such payment be made to the clerk of the court or in the manner provided for under section 604(a)(18) of title 28, United States Code. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2004; amended Pub. L. 100–185, § 10(a), Dec. 11, 1987, 101 Stat. 1283; Pub. L. 101–647, title XXXV, § 3591, Nov. 29, 1990, 104 Stat. 4931; Pub. L. 104–132, title II, § 207(c)(1), Apr. 24, 1996, 110 Stat. 1237.) Editorial Notes PRIOR PROVISIONS For a prior section 3611, applicable to offenses com- mitted prior to Nov. 1, 1987, see note set out preceding section 3601 of this title. AMENDMENTS 1996—Pub. L. 104–132 substituted ‘‘Payment of a fine or restitution’’ for ‘‘Payment of a fine’’ in section catchline and ‘‘, assessment, or restitution, shall pay the fine, assessment, or restitution’’ for ‘‘or assessment shall pay the fine or assessment’’ in text. 1990—Pub. L. 101–647 substituted ‘‘604(a)(18)’’ for ‘‘604(a)(17)’’. 1987—Pub. L. 100–185 amended section generally. Prior to amendment, section read as follows: ‘‘A person who has been sentenced to pay a fine pursuant to the provi- sions of subchapter C of chapter 227 shall pay the fine immediately, or by the time and method specified by the sentencing court, to the clerk of the court. The clerk shall forward the payment to the United States Treasury.’’ 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 OF 1987 AMENDMENT Pub. L. 100–185, § 10(b), Dec. 11, 1987, 101 Stat. 1283, pro- vided that: ‘‘The amendment made by this section [amending this section] shall apply with respect to any fine imposed after October 31, 1988. Such amendment shall also apply with respect to any fine imposed on or before October 31, 1988, if the fine remains uncollected as of February 1, 1989, unless the Director of the Ad- ministrative Office of the United States Courts deter- mines further delay is necessary. If the Director so de- termines, the amendment made by this section shall apply with respect to any such fine imposed on or be- fore October 31, 1988, if the fine remains uncollected as of May 1, 1989.’’ EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- Page 837 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3612 tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. RECEIPT OF FINES—INTERIM PROVISIONS Pub. L. 100–185, § 9, Dec. 11, 1987, 101 Stat. 1282, pro- vided that: ‘‘(a) NOVEMBER 1, 1987, TO APRIL 30, 1988.—Notwith- standing section 3611 of title 18, United States Code, a person who, during the period beginning on November 1, 1987, and ending on April 30, 1988, is sentenced to pay a fine or assessment shall pay the fine or assessment (including any interest or penalty) to the clerk of the court, with respect to an offense committed on or be- fore December 31, 1984, and to the Attorney General, with respect to an offense committed after December 31, 1984. ‘‘(b) MAY 1, 1988, TO OCTOBER 31, 1988.—(1) Notwith- standing section 3611 of title 18, United States Code, a person who during the period beginning on May 1, 1988, and ending on October 31, 1988, is sentenced to pay a fine or assessment shall pay the fine or assessment in accordance with this subsection. ‘‘(2) In a case initiated by citation or violation no- tice, such person shall pay the fine or assessment (in- cluding any interest or penalty), as specified by the Di- rector of the Administrative Office of the United States Courts. Such Director may specify that such payment be made to the clerk of the court or in the manner pro- vided for under section 604(a)(17) of title 28, United States Code. ‘‘(3) In any other case, such person shall pay the fine or assessment (including any interest or penalty) to the clerk of the court, with respect to an offense com- mitted on or before December 31, 1984, and to the Attor- ney General, with respect to an offense committed after December 31, 1984.’’ § 3612. Collection of unpaid fine or restitution (a) NOTIFICATION OF RECEIPT AND RELATED MATTERS.—The clerk or the person designated under section 604(a)(18) of title 28 shall notify the Attorney General of each receipt of a pay- ment with respect to which a certification is made under subsection (b), together with other appropriate information relating to such pay- ment. The notification shall be provided— (1) in such manner as may be agreed upon by the Attorney General and the Director of the Administrative Office of the United States Courts; and (2) within 15 days after the receipt or at such other time as may be determined jointly by the Attorney General and the Director of the Administrative Office of the United States Courts. If the fifteenth day under paragraph (2) is a Sat- urday, Sunday, or legal public holiday, the clerk, or the person designated under section 604(a)(18) of title 28, shall provide notification not later than the next day that is not a Satur- day, Sunday, or legal public holiday. (b) INFORMATION TO BE INCLUDED IN JUDGMENT; JUDGMENT TO BE TRANSMITTED TO ATTORNEY GENERAL.—(1) A judgment or order imposing, modifying, or remitting a fine or restitution order of more than $100 shall include— (A) the name, social security account num- ber, mailing address, and residence address of the defendant; (B) the docket number of the case; (C) the original amount of the fine or res- titution order and the amount that is due and unpaid; (D) the schedule of payments (if other than immediate payment is permitted under sec- tion 3572(d)); (E) a description of any modification or re- mission; (F) if other than immediate payment is per- mitted, a requirement that, until the fine or restitution order is paid in full, the defendant notify the Attorney General of any change in the mailing address or residence address of the defendant not later than thirty days after the change occurs; and (G) in the case of a restitution order, infor- mation sufficient to identify each victim to whom restitution is owed. It shall be the re- sponsibility of each victim to notify the At- torney General, or the appropriate entity of the court, by means of a form to be provided by the Attorney General or the court, of any change in the victim’s mailing address while restitution is still owed the victim. The con- fidentiality of any information relating to a victim shall be maintained. (2) Not later than ten days after entry of the judgment or order, the court shall transmit a certified copy of the judgment or order to the Attorney General. (c) RESPONSIBILITY FOR COLLECTION.—The At- torney General shall be responsible for collec- tion of an unpaid fine or restitution concerning which a certification has been issued as provided in subsection (b). An order of restitution, pursu- ant to section 3556, does not create any right of action against the United States by the person to whom restitution is ordered to be paid. Any money received from a defendant shall be dis- bursed so that each of the following obligations is paid in full in the following sequence: (1) A penalty assessment under section 3013 of title 18, United States Code. (2) Restitution of all victims. (3) All other fines, penalties, costs, and other payments required under the sentence. (d) NOTIFICATION OF DELINQUENCY.—Within ten working days after a fine or restitution is deter- mined to be delinquent as provided in section 3572(h), the Attorney General shall notify the person whose fine or restitution is delinquent, to inform the person of the delinquency. (e) NOTIFICATION OF DEFAULT.—Within ten working days after a fine or restitution is deter- mined to be in default as provided in section 3572(i), the Attorney General shall notify the person defaulting to inform the person that the fine or restitution is in default and the entire unpaid balance, including interest and penalties, is due within thirty days. (f) INTEREST ON FINES AND RESTITUTION.— (1) IN GENERAL.—The defendant shall pay in- terest on any fine or restitution of more than $2,500, unless the fine is paid in full before the fifteenth day after the date of the judgment. If that day is a Saturday, Sunday, or legal public holiday, the defendant shall be liable for inter- est beginning with the next day that is not a Saturday, Sunday, or legal public holiday. (2) COMPUTATION.—Interest on a fine shall be computed— (A) daily (from the first day on which the defendant is liable for interest under para- graph (1)); and (B) at a rate equal to the weekly average 1-year constant maturity Treasury yield, as