Title 18 — Crimes and Criminal ProcedureRelease 119-73
§3614 Resentencing upon failure to pay a fine or restitution
Title 18 › Part PART II— - CRIMINAL PROCEDURE › Chapter CHAPTER 229— - POSTSENTENCE ADMINISTRATION › Subchapter SUBCHAPTER B— - FINES › § 3614
Summary
A court can re-sentence someone who knowingly fails to pay a past-due fine or restitution, but it may put them in jail only if the person refused to pay on purpose or if non-jail punishments would not be enough. Being too poor to pay cannot be the only reason for jail.
Full Legal Text
Title 18, §3614
Crimes and Criminal Procedure — Source: USLM XML via OLRC
(a)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)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)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
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 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.
Reference
Citations & Metadata
Citation
18 U.S.C. § 3614
Title 18 — Crimes and Criminal Procedure
Last Updated
Apr 6, 2026
Release point: 119-73