2013 US Code
Title 18 - Crimes and Criminal Procedure
Part II - CRIMINAL PROCEDURE (§§ 3001 - 3771)
Chapter 229 - POSTSENTENCE ADMINISTRATION (§§ 3601 - 3626)
Subchapter B - FINES (§§ 3611 - 3615)
Section 3612 - Collection of unpaid fine or restitution
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 229 - POSTSENTENCE ADMINISTRATION SUBCHAPTER B - FINES Sec. 3612 - Collection of unpaid fine or restitution |
Contains | section 3612 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 98-473, title II, §212(a)(2), Oct. 12, 1984, 98 Stat. 2004; amended Pub. L. 100-185, §11, Dec. 11, 1987, 101 Stat. 1283; Pub. L. 100-690, title VII, §7082(c), (d), Nov. 18, 1988, 102 Stat. 4408; Pub. L. 101-647, title XXXV, §3592, Nov. 29, 1990, 104 Stat. 4931; Pub. L. 104-132, title II, §207(c)(2), Apr. 24, 1996, 110 Stat. 1237; Pub. L. 106-554, §1(a)(7) [title III, §307(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-635; Pub. L. 107-273, div. B, title IV, §4002(b)(15), Nov. 2, 2002, 116 Stat. 1808. |
Statutes at Large References | 98 Stat. 2004, 2033 101 Stat. 1283 102 Stat. 4408 104 Stat. 4931 110 Stat. 1237 114 Stat. 2763 116 Stat. 1808 |
Public Law References | Public Law 98-473, Public Law 100-185, Public Law 100-690, Public Law 101-647, Public Law 104-132, Public Law 106-554, Public Law 107-273 |
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(a)
(1) in such manner as may be agreed upon by the Attorney General and the Director of the Administrative Office of the United States Courts; and
(2) within 15 days after the receipt or at such other time as may be determined jointly by the Attorney General and the Director of the Administrative Office of the United States Courts.
If the fifteenth day under paragraph (2) is a Saturday, Sunday, or legal public holiday, the clerk, or the person designated under section 604(a)(18) of title 28, shall provide notification not later than the next day that is not a Saturday, Sunday, or legal public holiday.
(b)
(A) the name, social security account number, mailing address, and residence address of the defendant;
(B) the docket number of the case;
(C) the original amount of the fine or restitution order and the amount that is due and unpaid;
(D) the schedule of payments (if other than immediate payment is permitted under section 3572(d));
(E) a description of any modification or remission;
(F) if other than immediate payment is permitted, a requirement that, until the fine or restitution order is paid in full, the defendant notify the Attorney General of any change in the mailing address or residence address of the defendant not later than thirty days after the change occurs; and
(G) in the case of a restitution order, information sufficient to identify each victim to whom restitution is owed. It shall be the responsibility of each victim to notify the Attorney General, or the appropriate entity of the court, by means of a form to be provided by the Attorney General or the court, of any change in the victim's mailing address while restitution is still owed the victim. The confidentiality of any information relating to a victim shall be maintained.
(2) Not later than ten days after entry of the judgment or order, the court shall transmit a certified copy of the judgment or order to the Attorney General.
(c)
(1) A penalty assessment under section 3013 of title 18, United States Code.
(2) Restitution of all victims.
(3) All other fines, penalties, costs, and other payments required under the sentence.
(d)
(e)
(f)
(1)
(2)
(A) daily (from the first day on which the defendant is liable for interest under paragraph (1)); and
(B) at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the first day on which the defendant is liable for interest under paragraph (1).
(3)
(A) waive the requirement for interest;
(B) limit the total of interest payable to a specific dollar amount; or
(C) limit the length of the period during which interest accrues.
(g)
(h)
(i)
(Added Pub. L. 98–473, title II, §212(a)(2), Oct. 12, 1984, 98 Stat. 2004; amended Pub. L. 100–185, §11, Dec. 11, 1987, 101 Stat. 1283; Pub. L. 100–690, title VII, §7082(c), (d), Nov. 18, 1988, 102 Stat. 4408; Pub. L. 101–647, title XXXV, §3592, Nov. 29, 1990, 104 Stat. 4931; Pub. L. 104–132, title II, §207(c)(2), Apr. 24, 1996, 110 Stat. 1237; Pub. L. 106–554, §1(a)(7) [title III, §307(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–635; Pub. L. 107–273, div. B, title IV, §4002(b)(15), Nov. 2, 2002, 116 Stat. 1808.)
PRIOR PROVISIONSFor a prior section 3612, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3601 of this title.
AMENDMENTS2002—Subsec. (f)(2)(B). Pub. L. 107–273 substituted "preceding the first day" for "preceding. the first day".
2000—Subsec. (f)(2)(B). Pub. L. 106–554 substituted "the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding." for "the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled before".
1996—Pub. L. 104–132, §207(c)(2)(A), substituted "Collection of unpaid fine or restitution" for "Collection of an unpaid fine" in section catchline.
Subsec. (b)(1). Pub. L. 104–132, §207(c)(2)(B)(i), inserted "or restitution order" after "fine" in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 104–132, §207(c)(2)(B)(ii), inserted "or restitution order" after "fine".
Subsec. (b)(1)(E). Pub. L. 104–132, §207(c)(2)(B)(iii), struck out "and" at end.
Subsec. (b)(1)(F). Pub. L. 104–132, §207(c)(2)(B)(iv), inserted "or restitution order" after "fine" and substituted "; and" for period at end.
Subsec. (b)(1)(G). Pub. L. 104–132, §207(c)(2)(B)(v), added subpar. (G).
Subsec. (c). Pub. L. 104–132, §207(c)(2)(C), inserted "or restitution" after "unpaid fine" in first sentence and inserted at end "Any money received from a defendant shall be disbursed so that each of the following obligations is paid in full in the following sequence:
"(1) A penalty assessment under section 3013 of title 18, United States Code.
"(2) Restitution of all victims.
"(3) All other fines, penalties, costs, and other payments required under the sentence."
Subsec. (d). Pub. L. 104–132, §207(c)(2)(D)(ii), which directed substitution of "or restitution is delinquent, to inform the person of the delinquency" for "is delinquent, to inform him that the fine is delinquent", was executed by making the substitution for "is delinquent to inform him that the fine is delinquent" to reflect the probable intent of Congress.
Pub. L. 104–132, §207(c)(2)(D)(i), inserted "or restitution" after "Within ten working days after a fine".
Subsec. (e). Pub. L. 104–132, §207(c)(2)(E), inserted "or restitution" after "days after a fine" and substituted "the person that the fine or restitution is in default" for "him that the fine is in default".
Subsec. (f). Pub. L. 104–132, §207(c)(2)(F)(i), which directed amendment of heading by inserting "and restitution" after "on fines", was executed by inserting the material after "on fines" to reflect the probable intent of Congress.
Subsec. (f)(1). Pub. L. 104–132, §207(c)(2)(F)(ii), inserted "or restitution" after "any fine".
Subsec. (g). Pub. L. 104–132, §207(c)(2)(G), inserted "or restitution" after "fine" in two places.
Subsec. (i). Pub. L. 104–132, §207(c)(2)(H), inserted "and restitution" after "fines".
1990—Subsec. (a). Pub. L. 101–647 substituted "604(a)(18)" for "604(a)(17)" wherever appearing.
1988—Subsec. (d). Pub. L. 100–690, §7082(d), struck out ", by certified mail," after "fine is delinquent".
Subsec. (e). Pub. L. 100–690, §7082(d), struck out ", by certified mail," after "the person defaulting".
Subsec. (h). Pub. L. 100–690, §7082(c), inserted "or any interest or penalty relating to a fine imposed under any prior law" after "under this section".
1987—Subsec. (a). Pub. L. 100–185, §11(a), substituted "Notification of receipt and related matters" for "Disposition of payment" in heading and amended text generally. Prior to amendment, text read as follows: "The clerk shall forward each fine payment to the United States Treasury and shall notify the Attorney General of its receipt within ten working days."
Subsec. (b). Pub. L. 100–185, §11(b), substituted "Information to be included in judgment; judgment to be transmitted to Attorney General" for "Certification of imposition" in heading and amended text generally. Prior to amendment, text read as follows: "If a fine exceeding $100 is imposed, modified, or remitted, the sentencing court shall incorporate in the order imposing, remitting, or modifying such fine, and promptly certify to the Attorney General—
"(1) the name of the person fined;
"(2) his current address;
"(3) the docket number of the case;
"(4) the amount of the fine imposed;
"(5) any installment schedule;
"(6) the nature of any modification or remission of the fine or installment schedule; and
"(7) the amount of the fine that is due and unpaid."
Subsec. (d). Pub. L. 100–185, §11(c)(1), substituted "section 3572(h)" for "section 3572(i)".
Subsec. (e). Pub. L. 100–185, §11(c)(2), substituted "section 3572(i)" for "section 3572(j)".
Subsec. (f). Pub. L. 100–185, §11(d), amended subsec. (f) generally, substituting provisions relating to interest on fines, computation of interest, and modification of interest by court, for provisions relating to interest and monetary penalties for delinquent fines.
Subsecs. (g) to (i). Pub. L. 100–185, §11(e), added subsecs. (g) to (i).
EFFECTIVE DATE OF 1996 AMENDMENTAmendment 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 DATESection 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.
COLLECTION OF OUTSTANDING FINESPub. L. 98–473, title II, §237, Oct. 12, 1984, 98 Stat. 2033, provided that:
"(a)(1) Except as provided in paragraph (2), for each criminal fine for which the unpaid balance exceeds $100 as of the effective date of this Act [see section 235 of Pub. L. 98–473, as amended, set out as a note under section 3551 of this title], the Attorney General shall, within one hundred and twenty days, notify the person by certified mail of his obligation, within thirty days after notification, to—
"(A) pay the fine in full;
"(B) specify, and demonstrate compliance with, an installment schedule established by a court before enactment of the amendments made by this Act [Oct. 12, 1984], specifying the dates on which designated partial payments will be made; or
"(C) establish with the concurrence of the Attorney General, a new installment schedule of a duration not exceeding two years, except in special circumstances, and specifying the dates on which designated partial payments will be made.
"(2) This subsection shall not apply in cases in which—
"(A) the Attorney General believes the likelihood of collection is remote; or
"(B) criminal fines have been stayed pending appeal.
"(b) The Attorney General shall, within one hundred and eighty days after the effective date of this Act, declare all fines for which this obligation is unfulfilled to be in criminal default, subject to the civil and criminal remedies established by amendments made by this Act [see Short Title note set out under section 3551 of this title]. No interest or monetary penalties shall be charged on any fines subject to this section.
"(c) Not later than one year following the effective date of this Act, the Attorney General shall include in the annual crime report steps taken to implement this Act and the progress achieved in criminal fine collection, including collection data for each judicial district."
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