18 U.S.C. § 3571 — Sentence of fine

Page 812 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3566 1 So in original. Probably should not appear. PRIOR PROVISIONS For a prior section 3565, applicable to offenses com- mitted prior to Nov. 1, 1987, see note set out preceding section 3551 of this title. AMENDMENTS 2002—Subsec. (b)(4). Pub. L. 107–273 added par. (4). 1994—Subsec. (a). Pub. L. 103–322, § 110506(a)(2), struck out concluding sentence which read as follows: ‘‘Not- withstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence.’’ Subsec. (a)(2). Pub. L. 103–322, § 110506(a)(1), sub- stituted ‘‘resentence the defendant under subchapter A’’ for ‘‘impose any other sentence that was available under subchapter A at the time of the initial sen- tencing’’. Subsec. (b). Pub. L. 103–322, § 110506(b), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘(b) MANDATORY REVOCATION FOR POSSESSION OF A FIREARM.—If the defendant is in actual possession of a firearm, as that term is defined in section 921 of this title, at any time prior to the expiration or termi- nation of the term of probation, the court shall, after a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, revoke the sentence of probation and impose any other sentence that was available under subchapter A at the time of the initial sen- tencing.’’ 1990—Subsec. (a)(1). Pub. L. 101–647 substituted ‘‘or modifying’’ for ‘‘of modifying’’. 1988—Subsec. (a). Pub. L. 100–690, § 7303(a)(2), inserted at end ‘‘Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sen- tence.’’ Subsecs. (b), (c). Pub. L. 100–690, § 6214, added subsec. (b) and redesignated former subsec. (b) as (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 7303(a)(2) of Pub. L. 100–690 ap- plicable with respect to persons whose probation, su- pervised release, or parole begins after Dec. 31, 1988, see section 7303(d) of Pub. L. 100–690, set out as a note under section 3563 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. § 3566. Implementation of a sentence of proba- tion The implementation of a sentence of probation is governed by the provisions of subchapter A of chapter 229. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1995.) Editorial Notes PRIOR PROVISIONS For prior sections 3566 to 3570, applicable to offenses committed prior to Nov. 1, 1987, see note set out pre- ceding section 3551 of this title. 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. SUBCHAPTER C—FINES SUBCHAPTER C—FINES 1 Sec. 3571. Sentence of fine. 3572. Imposition of a sentence of fine and related matters. 3573. Petition of the Government for modification or remission. 3574. Implementation of a sentence of fine. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, title XXXIII, § 330010(3), Sept. 13, 1994, 108 Stat. 2143, transferred analysis for this sub- chapter to follow heading for this subchapter. 1990—Pub. L. 101–647, title XXXV, § 3586(1), Nov. 29, 1990, 104 Stat. 4930, as amended, effective as of the date on which section 3586(1) of Pub. L. 101–647 took effect, by Pub. L. 103–322, title XXXIII, § 330011(n), Sept. 13, 1994, 108 Stat. 2145, substituted ‘‘sentence of fine and re- lated matters’’ for ‘‘sentence of fine’’ in item 3572. Pub. L. 101–647, title XXXV, § 3586(2), Nov. 29, 1990, 104 Stat. 4930, substituted ‘‘remission’’ for ‘‘revision’’ in item 3573. 1987—Pub. L. 100–185, § 8(b), Dec. 11, 1987, 101 Stat. 1282, substituted ‘‘Petition of the Government for modi- fication or revision’’ for ‘‘Modification or remission of fine’’ in item 3573. § 3571. Sentence of fine (a) IN GENERAL.—A defendant who has been found guilty of an offense may be sentenced to pay a fine. (b) FINES FOR INDIVIDUALS.—Except as pro- vided in subsection (e) of this section, an indi- vidual who has been found guilty of an offense may be fined not more than the greatest of— (1) the amount specified in the law setting forth the offense; (2) the applicable amount under subsection (d) of this section; (3) for a felony, not more than $250,000; (4) for a misdemeanor resulting in death, not more than $250,000; (5) for a Class A misdemeanor that does not result in death, not more than $100,000; (6) for a Class B or C misdemeanor that does not result in death, not more than $5,000; or (7) for an infraction, not more than $5,000. (c) FINES FOR ORGANIZATIONS.—Except as pro- vided in subsection (e) of this section, an organi- zation that has been found guilty of an offense may be fined not more than the greatest of— (1) the amount specified in the law setting forth the offense; (2) the applicable amount under subsection (d) of this section; (3) for a felony, not more than $500,000; (4) for a misdemeanor resulting in death, not more than $500,000; (5) for a Class A misdemeanor that does not result in death, not more than $200,000; Page 813 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3572 (6) for a Class B or C misdemeanor that does not result in death, not more than $10,000; and (7) for an infraction, not more than $10,000. (d) ALTERNATIVE FINE BASED ON GAIN OR LOSS.—If any person derives pecuniary gain from the offense, or if the offense results in pe- cuniary loss to a person other than the defend- ant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss, unless imposition of a fine under this subsection would unduly complicate or prolong the sentencing process. (e) SPECIAL RULE FOR LOWER FINE SPECIFIED IN SUBSTANTIVE PROVISION.—If a law setting forth an offense specifies no fine or a fine that is lower than the fine otherwise applicable under this section and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under this section, the defendant may not be fined more than the amount specified in the law setting forth the of- fense. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1995; amended Pub. L. 100–185, § 6, Dec. 11, 1987, 101 Stat. 1280.) Editorial Notes PRIOR PROVISIONS For a prior section 3571, applicable to offenses com- mitted prior to Nov. 1, 1987, see note set out preceding section 3551 of this title. AMENDMENTS 1987—Pub. L. 100–185 amended section generally, re- vising and restating as subsecs. (a) to (e) provisions for- merly contained in subsecs. (a) and (b). 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. § 3572. Imposition of a sentence of fine and re- lated matters (a) FACTORS TO BE CONSIDERED.—In deter- mining whether to impose a fine, and the amount, time for payment, and method of pay- ment of a fine, the court shall consider, in addi- tion to the factors set forth in section 3553(a)— (1) the defendant’s income, earning capacity, and financial resources; (2) the burden that the fine will impose upon the defendant, any person who is financially dependent on the defendant, or any other per- son (including a government) that would be re- sponsible for the welfare of any person finan- cially dependent on the defendant, relative to the burden that alternative punishments would impose; (3) any pecuniary loss inflicted upon others as a result of the offense; (4) whether restitution is ordered or made and the amount of such restitution; (5) the need to deprive the defendant of ille- gally obtained gains from the offense; (6) the expected costs to the government of any imprisonment, supervised release, or pro- bation component of the sentence; (7) whether the defendant can pass on to con- sumers or other persons the expense of the fine; and (8) if the defendant is an organization, the size of the organization and any measure taken by the organization to discipline any of- ficer, director, employee, or agent of the orga- nization responsible for the offense and to pre- vent a recurrence of such an offense. (b) FINE NOT TO IMPAIR ABILITY TO MAKE RES- TITUTION.—If, as a result of a conviction, the de- fendant has the obligation to make restitution to a victim of the offense, other than the United States, the court shall impose a fine or other monetary penalty only to the extent that such fine or penalty will not impair the ability of the defendant to make restitution. (c) EFFECT OF FINALITY OF JUDGMENT.—Not- withstanding the fact that a sentence to pay a fine can subsequently be— (1) modified or remitted under section 3573; (2) corrected under rule 35 of the Federal Rules of Criminal Procedure and section 3742; or (3) appealed and modified under section 3742; a judgment that includes such a sentence is a final judgment for all other purposes. (d) TIME, METHOD OF PAYMENT, AND RELATED ITEMS.—(1) A person sentenced to pay a fine or other monetary penalty, including restitution, shall make such payment immediately, unless, in the interest of justice, the court provides for payment on a date certain or in installments. If the court provides for payment in installments, the installments shall be in equal monthly pay- ments over the period provided by the court, un- less the court establishes another schedule. (2) If the judgment, or, in the case of a restitu- tion order, the order, permits other than imme- diate payment, the length of time over which scheduled payments will be made shall be set by the court, but shall be the shortest time in which full payment can reasonably be made. (3) A judgment for a fine which permits pay- ments in installments shall include a require- ment that the defendant will notify the court of any material change in the defendant’s eco- nomic circumstances that might affect the de- fendant’s ability to pay the fine. Upon receipt of such notice the court may, on its own motion or the motion of any party, adjust the payment schedule, or require immediate payment in full, as the interests of justice require. (e) ALTERNATIVE SENTENCE PRECLUDED.—At the time a defendant is sentenced to pay a fine, the court may not impose an alternative sen- tence to be carried out if the fine is not paid. (f) RESPONSIBILITY FOR PAYMENT OF MONETARY OBLIGATION RELATING TO ORGANIZATION.—If a sentence includes a fine, special assessment, res- titution or other monetary obligation (including interest) with respect to an organization, each individual authorized to make disbursements for the organization has a duty to pay the obliga- tion from assets of the organization. If such an obligation is imposed on a director, officer, shareholder, employee, or agent of an organiza- tion, payments may not be made, directly or in- directly, from assets of the organization, unless the court finds that such payment is expressly permissible under applicable State law.