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U.S. Code as of:
01/19/04
Section 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.
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