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. 3614 - Resentencing upon failure to pay a fine or restitution

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Publication TitleUnited States Code, 2012 Edition, Supplement 2, Title 18 - CRIMES AND CRIMINAL PROCEDURE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 229 - POSTSENTENCE ADMINISTRATION
SUBCHAPTER B - FINES
Sec. 3614 - Resentencing upon failure to pay a fine or restitution
Containssection 3614
Date2014
Laws In Effect As Of DateJanuary 5, 2015
Positive LawYes
Dispositionstandard
Source CreditAdded 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.
Statutes at Large References98 Stat. 2006
110 Stat. 1240
Public and Private LawsPublic Law 98-473, Public Law 104-132, Public Law 104-232

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18 U.S.C. § 3614 (2014)

§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 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.

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