PRIA, Government Policy, Made Personal

Summary

If the government shows that trying to collect a fine or special assessment probably won't work, the court may forgive all or part of it (including interest and penalties), delay payment to a later date or allow installment payments, or extend a previously ordered payment schedule. The government must file the request in the court that imposed the sentence unless that court sends it to another. This rule applies to all fines and assessments no matter when they were imposed.

Title 18, §3573

Crimes and Criminal Procedure, Source: USLM XML via OLRC

Upon petition of the Government showing that reasonable efforts to collect a fine or assessment are not likely to be effective, the court may, in the interest of justice—

(1)remit all or part of the unpaid portion of the fine or special assessment, including interest and penalties;

(2)defer payment of the fine or special assessment to a date certain or pursuant to an installment schedule; or

(3)extend a date certain or an installment schedule previously ordered.

A petition under this subsection shall be filed in the court in which sentence was originally imposed, unless the court transfers jurisdiction to another court. This section shall apply to all fines and assessments irrespective of the date of imposition.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

For a prior section 3573, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.

Amendments

1988—Pub. L. 100–690 inserted at end “This section shall apply to all fines and assessments irrespective of the date of imposition.” 1987—Pub. L. 100–185 substituted “Petition of the Government for modification or remission” for “Modification or remission of fine” in section catchline and amended text generally, revising and restating as a single paragraph with three numbered clauses provisions formerly contained in subsecs. (a) and (b).

Statutory Notes and Related Subsidiaries

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.

§3573 Petition of the Government for Modification or Remission