2014 US Code
Title 18 - Crimes and Criminal Procedure (Sections 1 - 6005)
Part II - Criminal Procedure (Sections 3001 - 3771)
Chapter 229 - Postsentence Administration (Sections 3601 - 3626)
Subchapter B - Fines (Sections 3611 - 3615)
Sec. 3613A - Effect of default
|Publication Title||United States Code, 2012 Edition, Supplement 2, 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. 3613A - Effect of default
|Laws In Effect As Of Date||January 5, 2015|
|Source Credit||Added Pub. L. 104-132, title II, §207(c)(4), Apr. 24, 1996, 110 Stat. 1239.|
|Statutes at Large Reference||110 Stat. 1239|
|Public and Private Law||Public Law 104-132|
§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 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 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 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 prisoner's 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.)
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.
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