                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                         CHAPTER 227--SENTENCES
 
                           SUBCHAPTER C--FINES
 
Sec. 3572. Imposition of a sentence of fine and related matters

    (a) Factors To Be Considered.--In determining whether to impose a 
fine, and the amount, time for payment, and method of payment of a fine, 
the court shall consider, in addition to the factors set forth in 
section 3553(a)--
        (1) the defendant's income, earning capacity, and financial 
    resources;
        (2) the burden that the fine will impose upon the defendant, any 
    person who is financially dependent on the defendant, or any other 
    person (including a government) that would be responsible for the 
    welfare of any person financially dependent on the defendant, 
    relative to the burden that alternative punishments would impose;
        (3) any pecuniary loss inflicted upon others as a result of the 
    offense;
        (4) whether restitution is ordered or made and the amount of 
    such restitution;
        (5) the need to deprive the defendant of illegally obtained 
    gains from the offense;
        (6) the expected costs to the government of any imprisonment, 
    supervised release, or probation component of the sentence;
        (7) whether the defendant can pass on to consumers or other 
    persons the expense of the fine; and
        (8) if the defendant is an organization, the size of the 
    organization and any measure taken by the organization to discipline 
    any officer, director, employee, or agent of the organization 
    responsible for the offense and to prevent a recurrence of such an 
    offense.

    (b) Fine Not to Impair Ability to Make Restitution.--If, as a result 
of a conviction, the defendant has the obligation to make restitution to 
a victim of the offense, other than the United States, the court shall 
impose a fine or other monetary penalty only to the extent that such 
fine or penalty will not impair the ability of the defendant to make 
restitution.
    (c) Effect of Finality of Judgment.--Notwithstanding the fact that a 
sentence to pay a fine can subsequently be--
        (1) modified or remitted under section 3573;
        (2) corrected under rule 35 of the Federal Rules of Criminal 
    Procedure and section 3742; or
        (3) appealed and modified under section 3742;

a judgment that includes such a sentence is a final judgment for all 
other purposes.
    (d) Time, Method of Payment, and Related Items.--(1) A person 
sentenced to pay a fine or other monetary penalty, including 
restitution, shall make such payment immediately, unless, in the 
interest of justice, the court provides for payment on a date certain or 
in installments. If the court provides for payment in installments, the 
installments shall be in equal monthly payments over the period provided 
by the court, unless the court establishes another schedule.
    (2) If the judgment, or, in the case of a restitution order, the 
order, permits other than immediate payment, the length of time over 
which scheduled payments will be made shall be set by the court, but 
shall be the shortest time in which full payment can reasonably be made.
    (3) A judgment for a fine which permits payments in installments 
shall include a requirement that the defendant will notify the court of 
any material change in the defendant's economic circumstances that might 
affect the defendant's ability to pay the fine. Upon receipt of such 
notice the court may, on its own motion or the motion of any party, 
adjust the payment schedule, or require immediate payment in full, as 
the interests of justice require.
    (e) Alternative Sentence Precluded.--At the time a defendant is 
sentenced to pay a fine, the court may not impose an alternative 
sentence to be carried out if the fine is not paid.
    (f) Responsibility for Payment of Monetary Obligation Relating to 
Organization.--If a sentence includes a fine, special assessment, 
restitution or other monetary obligation (including interest) with 
respect to an organization, each individual authorized to make 
disbursements for the organization has a duty to pay the obligation from 
assets of the organization. If such an obligation is imposed on a 
director, officer, shareholder, employee, or agent of an organization, 
payments may not be made, directly or indirectly, from assets of the 
organization, unless the court finds that such payment is expressly 
permissible under applicable State law.
    (g) Security for Stayed Fine.--If a sentence imposing a fine is 
stayed, the court shall, absent exceptional circumstances (as determined 
by the court)--
        (1) require the defendant to deposit, in the registry of the 
    district court, any amount of the fine that is due;
        (2) require the defendant to provide a bond or other security to 
    ensure payment of the fine; or
        (3) restrain the defendant from transferring or dissipating 
    assets.

    (h) Delinquency.--A fine or payment of restitution is delinquent if 
a payment is more than 30 days late.
    (i) Default.--A fine or payment of restitution is in default if a 
payment is delinquent for more than 90 days. Notwithstanding any 
installment schedule, when a fine or payment of restitution is in 
default, the entire amount of the fine or restitution is due within 30 
days after notification of the default, subject to the provisions of 
section 3613A.

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 
1995; amended Pub. L. 100-185, Sec. 7, Dec. 11, 1987, 101 Stat. 1280; 
Pub. L. 101-647, title XXXV, Sec. 3587, Nov. 29, 1990, 104 Stat. 4930; 
Pub. L. 103-322, title II, Sec. 20403(a), Sept. 13, 1994, 108 Stat. 
1825; Pub. L. 104-132, title II, Sec. 207(b), Apr. 24, 1996, 110 Stat. 
1236.)

                       References in Text

    The Federal Rules of Criminal Procedure, referred to in subsec. 
(c)(2), are set out in the Appendix to this title.


                            Prior Provisions

    For a prior section 3572, applicable to offenses committed prior to 
Nov. 1, 1987, see note set out preceding section 3551 of this title.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-132, Sec. 207(b)(1), inserted ``other 
than the United States,'' after ``offense,''.
    Subsec. (d). Pub. L. 104-132, Sec. 207(b)(2)(A), (B), substituted 
``(1) A person sentenced to pay a fine or other monetary penalty, 
including restitution,'' for ``A person sentenced to pay a fine or other 
monetary penalty'' and struck out at end ``If the judgment permits other 
than immediate payment, the period provided for shall not exceed five 
years, excluding any period served by the defendant as imprisonment for 
the offense.''
    Subsec. (d)(2), (3). Pub. L. 104-132, Sec. 207(b)(2)(C), added pars. 
(2) and (3).
    Subsec. (f). Pub. L. 104-132, Sec. 207(b)(3), inserted 
``restitution'' after ``special assessment,''.
    Subsec. (h). Pub. L. 104-132, Sec. 207(b)(4), inserted ``or payment 
of restitution'' after ``A fine''.
    Subsec. (i). Pub. L. 104-132, Sec. 207(b)(5), inserted ``or payment 
of restitution'' after ``A fine'' in first sentence and amended second 
sentence generally. Prior to amendment, second sentence read as follows: 
``When a fine is in default, the entire amount of the fine is due within 
30 days after notification of the default, notwithstanding any 
installment schedule.''
    1994--Subsec. (a)(6) to (8). Pub. L. 103-322 added par. (6) and 
redesignated former pars. (6) and (7) as (7) and (8), respectively.
    1990--Subsec. (c)(2). Pub. L. 101-647 inserted ``of the Federal 
Rules of Criminal Procedure'' after ``rule 35''.
    1987--Pub. L. 100-185 inserted ``and related matters'' in section 
catchline and amended text generally, revising and restating as subsecs. 
(a) to (i) provisions formerly contained in subsecs. (a) to (j).


                    Effective Date of 1996 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1031, 3612, 3664 of this 
title; title 28 section 994.
