                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                CHAPTER 229--POSTSENTENCE ADMINISTRATION
 
                           SUBCHAPTER B--FINES
 
Sec. 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.

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 
2006; amended Pub. L. 104-132, title II, Sec. 207(c)(5), Apr. 24, 1996, 
110 Stat. 1240.)


                            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, Sec. 207(c)(5)(A), inserted ``or 
restitution'' after ``fine'' in section catchline.
    Subsec. (a). Pub. L. 104-232, Sec. 207(c)(5)(B), inserted ``or 
restitution'' after ``fine''.
    Subsec. (c). Pub. L. 104-232, Sec. 207(c)(5)(C), added subsec. (c).


                    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 3613A, 3664 of this title.
