18 U.S.C. § 3615 — Criminal default

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 Page 842 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3621 1 So in original. Probably should not appear. more than twice the amount of the unpaid bal- ance of the fine or $10,000, whichever is greater, imprisoned not more than one year, or both. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2006.) Editorial Notes PRIOR PROVISIONS For prior sections 3615 to 3620, applicable to offenses committed prior to Nov. 1, 1987, see note set out pre- ceding section 3601 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—IMPRISONMENT SUBCHAPTER C—IMPRISONMENT 1 Sec. 3621. Imprisonment of a convicted person. 3622. Temporary release of a prisoner. 3623. Transfer of a prisoner to State authority. 3624. Release of a prisoner. 3625. Inapplicability of the Administrative Proce- dure Act. 3626. Appropriate remedies with respect to prison conditions. Editorial Notes AMENDMENTS 1996—Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 802(c)], Apr. 26, 1996, 110 Stat. 1321, 1321–70; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, which directed that table of sections at beginning of subchapter C of this chapter be amended generally to read ‘‘3626. Appropriate remedies with respect to prison conditions.’’, was executed by making amendment in item 3626 to reflect the probable intent of Congress. Prior to amendment, item 3626 read as follows: ‘‘3626. Appropriate remedies with respect to prison crowding.’’ 1994—Pub. L. 103–322, title II, § 20409(c), title XXXIII, § 330010(3), Sept. 13, 1994, 108 Stat. 1828, 2143, transferred analysis of this subchapter to follow heading for this subchapter and added item 3626. § 3621. Imprisonment of a convicted person (a) COMMITMENT TO CUSTODY OF BUREAU OF PRISONS.—A person who has been sentenced to a term of imprisonment pursuant to the provi- sions of subchapter D of chapter 227 shall be committed to the custody of the Bureau of Pris- ons until the expiration of the term imposed, or until earlier released for satisfactory behavior pursuant to the provisions of section 3624. (b) PLACE OF IMPRISONMENT.—The Bureau of Prisons shall designate the place of the pris- oner’s imprisonment, and shall, subject to bed availability, the prisoner’s security designation, the prisoner’s programmatic needs, the pris- oner’s mental and medical health needs, any re- quest made by the prisoner related to faith- based needs, recommendations of the sentencing court, and other security concerns of the Bureau of Prisons, place the prisoner in a facility as close as practicable to the prisoner’s primary residence, and to the extent practicable, in a fa- cility within 500 driving miles of that residence. The Bureau shall, subject to consideration of the factors described in the preceding sentence and the prisoner’s preference for staying at his or her current facility or being transferred, transfer prisoners to facilities that are closer to the prisoner’s primary residence even if the pris- oner is already in a facility within 500 driving miles of that residence. The Bureau may des- ignate any available penal or correctional facil- ity that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or otherwise and whether within or without the judicial district in which the person was con- victed, that the Bureau determines to be appro- priate and suitable, considering— (1) the resources of the facility con- templated; (2) the nature and circumstances of the of- fense; (3) the history and characteristics of the prisoner; (4) any statement by the court that imposed the sentence— (A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or (B) recommending a type of penal or cor- rectional facility as appropriate; and (5) any pertinent policy statement issued by the Sentencing Commission pursuant to sec- tion 994(a)(2) of title 28. In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status. The Bureau may at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another. The Bureau shall make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of sub- stance addiction or abuse. Any order, rec- ommendation, or request by a sentencing court that a convicted person serve a term of impris- onment in a community corrections facility shall have no binding effect on the authority of the Bureau under this section to determine or change the place of imprisonment of that per- son. Notwithstanding any other provision of law, a designation of a place of imprisonment under this subsection is not reviewable by any court. (c) DELIVERY OF ORDER OF COMMITMENT.— When a prisoner, pursuant to a court order, is placed in the custody of a person in charge of a penal or correctional facility, a copy of the order shall be delivered to such person as evi- dence of this authority to hold the prisoner, and the original order, with the return endorsed thereon, shall be returned to the court that issued it. (d) DELIVERY OF PRISONER FOR COURT APPEAR- ANCES.—The United States marshal shall, with- out charge, bring a prisoner into court or return him to a prison facility on order of a court of the United States or on written request of an at- torney for the Government.