18-U.S.C.-3613A
§3613A – Effect of Default
Pathway
Title 18 > Part II > Chapter 229 > Subchapter B > Section 3613A
Details
- Reference: Section 3613A
- Legend: §3613A – Effect of Default
- USCode Year: 2013
Provision Content
(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 probation 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 defendant, accept a performance bond, enter or adjust a payment schedule, or take any other action necessary to obtain compliance with the order of a fine or restitution.
(2) In determining what action to take, the court shall consider the defendants 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 defendants ability or failure to comply with the order of a fine or restitution.
(b)(1) Any hearing held pursuant to this section 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 correctional facility, proceedings in which the prisoners participation is required or permitted shall be conducted by telephone, video conference, 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.)
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 Effective Date of 1996 Amendment note under section 2248 of this title.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-3613A in the Legal Encyclopedia: Criminal Procedure
In this entry about 18-U.S.C.-3613A, find legal reference material, bibliographies and premiere content related to criminal procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal procedure-specific issues, written by authorities in the field.
18-U.S.C.-3601 in the Legal Encyclopedia: Sentences
In this entry about 18-U.S.C.-3601, find legal reference material, bibliographies and premiere content related to sentences in the American Encyclopedia of Law, presenting a comprehensive view of the United States sentences-specific issues, written by authorities in the field.
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