18 U.S.C. § 3572 — Imposition of a sentence of fine and re-

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. Page 814 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3573 (g) SECURITY FOR STAYED FINE.—If a sentence imposing a fine is stayed, the court shall, absent exceptional circumstances (as determined by the court)— (1) require the defendant to deposit, in the registry of the district court, any amount of the fine that is due; (2) require the defendant to provide a bond or other security to ensure payment of the fine; or (3) restrain the defendant from transferring or dissipating assets. (h) DELINQUENCY.—A fine or payment of res- titution is delinquent if a payment is more than 30 days late. (i) DEFAULT.—A fine or payment of restitution is in default if a payment is delinquent for more than 90 days. Notwithstanding any installment schedule, when a fine or payment of restitution is in default, the entire amount of the fine or restitution is due within 30 days after notifica- tion of the default, subject to the provisions of section 3613A. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1995; amended Pub. L. 100–185, § 7, Dec. 11, 1987, 101 Stat. 1280; Pub. L. 101–647, title XXXV, § 3587, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 103–322, title II, § 20403(a), Sept. 13, 1994, 108 Stat. 1825; Pub. L. 104–132, title II, § 207(b), Apr. 24, 1996, 110 Stat. 1236.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsec. (c)(2), are set out in the Appendix to this title. PRIOR PROVISIONS For a prior section 3572, applicable to offenses com- mitted prior to Nov. 1, 1987, see note set out preceding section 3551 of this title. AMENDMENTS 1996—Subsec. (b). Pub. L. 104–132, § 207(b)(1), inserted ‘‘other than the United States,’’ after ‘‘offense,’’. Subsec. (d). Pub. L. 104–132, § 207(b)(2)(A), (B), sub- stituted ‘‘(1) A person sentenced to pay a fine or other monetary penalty, including restitution,’’ for ‘‘A per- son sentenced to pay a fine or other monetary penalty’’ and struck out at end ‘‘If the judgment permits other than immediate payment, the period provided for shall not exceed five years, excluding any period served by the defendant as imprisonment for the offense.’’ Subsec. (d)(2), (3). Pub. L. 104–132, § 207(b)(2)(C), added pars. (2) and (3). Subsec. (f). Pub. L. 104–132, § 207(b)(3), inserted ‘‘res- titution’’ after ‘‘special assessment,’’. Subsec. (h). Pub. L. 104–132, § 207(b)(4), inserted ‘‘or payment of restitution’’ after ‘‘A fine’’. Subsec. (i). Pub. L. 104–132, § 207(b)(5), inserted ‘‘or payment of restitution’’ after ‘‘A fine’’ in first sentence and amended second sentence generally. Prior to amendment, second sentence read as follows: ‘‘When a fine is in default, the entire amount of the fine is due within 30 days after notification of the default, not- withstanding any installment schedule.’’ 1994—Subsec. (a)(6) to (8). Pub. L. 103–322 added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively. 1990—Subsec. (c)(2). Pub. L. 101–647 inserted ‘‘of the Federal Rules of Criminal Procedure’’ after ‘‘rule 35’’. 1987—Pub. L. 100–185 inserted ‘‘and related matters’’ in section catchline and amended text generally, revis- ing and restating as subsecs. (a) to (i) provisions for- merly contained in subsecs. (a) to (j). 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. § 3573. Petition of the Government for modifica- tion or remission Upon petition of the Government showing that reasonable efforts to collect a fine or assessment are not likely to be effective, the court may, in the interest of justice— (1) remit all or part of the unpaid portion of the fine or special assessment, including inter- est and penalties; (2) defer payment of the fine or special as- sessment to a date certain or pursuant to an installment schedule; or (3) extend a date certain or an installment schedule previously ordered. A petition under this subsection shall be filed in the court in which sentence was originally im- posed, unless the court transfers jurisdiction to another court. This section shall apply to all fines and assessments irrespective of the date of imposition. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1997; amended Pub. L. 100–185, § 8(a), Dec. 11, 1987, 101 Stat. 1282; Pub. L. 100–690, title VII, § 7082(a), Nov. 18, 1988, 102 Stat. 4407.) Editorial Notes PRIOR PROVISIONS For a prior section 3573, applicable to offenses com- mitted prior to Nov. 1, 1987, see note set out preceding section 3551 of this title. AMENDMENTS 1988—Pub. L. 100–690 inserted at end ‘‘This section shall apply to all fines and assessments irrespective of the date of imposition.’’ 1987—Pub. L. 100–185 substituted ‘‘Petition of the Government for modification or remission’’ for ‘‘Modi- fication or remission of fine’’ in section catchline and amended text generally, revising and restating as a sin- gle paragraph with three numbered clauses provisions formerly 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. § 3574. Implementation of a sentence of fine The implementation of a sentence to pay a fine is governed by the provisions of subchapter B of chapter 229.