§3613A — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

When a person fails to pay a court-ordered fine or restitution, the court can use different methods to force payment. It can revoke or change probation or supervised release, resentence the person, hold them in contempt, order sale of property, accept a bond, change a payment plan, or take other steps needed to get compliance. The judge must look at the person’s job, earning ability, money, whether they willfully refused to pay, and any other facts that matter. A magistrate judge can hold the hearing, but the full court can review it again from scratch. If the person is in jail or prison, any parts of the hearing that need the prisoner should be done by phone, video, or other technology when possible so the prisoner stays in the facility.

Title 18, §3613A

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

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.

§3613A Effect of default

Summary

Title 18, §3613A

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata