18-U.S.C.-3614
§3614 – Resentencing Upon Failure to Pay A Fine Or Restitution
Pathway
Title 18 > Part II > Chapter 229 > Subchapter B > Section 3614
Details
- Reference: Section 3614
- Legend: §3614 – Resentencing Upon Failure to Pay A Fine Or Restitution
- USCode Year: 2013
Provision Content
(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 sentenced to a term of imprisonment under subsection (a) only if the court determines that—
(1) the defendant willfully refused to pay the delinquent fine or had failed to make sufficient 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 payments 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.)
Prior Provisions
For a prior section 3614, applicable to offenses committed 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 restitution 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 subsec. (c).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–132 to be effective, to extent constitutionally permissible, for sentencing proceedings 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 section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 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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