                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                CHAPTER 229--POSTSENTENCE ADMINISTRATION
 
                           SUBCHAPTER B--FINES
 
Sec. 3613A. Effect of default

    (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.

(Added Pub. L. 104-132, title II, Sec. 207(c)(4), Apr. 24, 1996, 110 
Stat. 1239.)


                             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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3572, 3664 of this title.
