18 U.S.C. § 3614 — Resentencing upon failure to pay a fine or restitution
submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 142 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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.
The defendant may be sentenced to a term of imprisonment under subsection (a) only if the court determines that—
the defendant willfully refused to pay the delinquent fine or had failed to make sufficient bona fide efforts to pay the fine; or
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.
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.
Source credit: (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.)
- 1984Enacted · Pub. L. 98-473 · 98 Stat. 2006
- 1996Amended · Pub. L. 104-132 · 110 Stat. 1240
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 1984-10-12.
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