U.S. CODE

U.S. Code

Title 1 General Provisions
Title 2 The Congress
Title 3 The President
Title 4 Flag and Seal, Seat Of Government,and the States
Title 5 Government Organization and Employees
Appendix to Title 5
Title 6 Domestic Security
Title 7 Agriculture
Title 8 Aliens and Nationality
Title 9 Arbitration
Title 10 Armed Forces
Appendix to Title 10 (Rules of Court of Appeals for the Armed Forces)
Title 11 Bankruptcy
Appendix to Title 11
Title 12 Banks and Banking
Title 13 Census
Title 14 Coast Guard
Title 15 Commerce and Trade
Title 16 Conservation
Title 17 Copyrights
Title 18 Crimes and Criminal Procedure
Appendix to Title 18
Title 19 Customs Duties
Title 20 Education
Title 21 Food and Drugs
Title 22 Foreign Relations and Intercourse
Title 23 Highways
Title 24 Hospitals and Asylums
Title 25 Indians
Title 26 Internal Revenue Code
Appendix to Title 26
Title 27 Intoxicating Liquors
Title 28 Judiciary and Judicial Procedure
Appendix to Title 28
Title 29 Labor
Title 30 Mineral Lands and Mining
Title 31 Money and Finance
Title 32 National Guard
Title 33 Navigation and Navigable Waters
Title 34 Navy (repealed)
Title 35 Patents
Title 36 Patriotic Societies and Observances
Title 37 Pay and Allowances Of the Uniformed Services
Title 38 Veterans' Benefits
Appendix to Title 38 (Rules of Court of Appeals for Veterans Claims()
Title 39 Postal Service
Title 40 Public Buildings, Property, and Works
Title 41 Public Contracts
Title 42 The Public Health and Welfare
Title 43 Public Lands
Title 44 Public Printing and Documents
Title 45 Railroads
Title 46 Shipping
Appendix to Title 46
Title 47 Telegraphs, Telephones, and Radiotelegraphs
Title 48 Territories and Insular Possessions
Title 49 Transportation
Title 50 War and National Defense
Appendix to Title 50

§ 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.

Tips