Page:United States Statutes at Large Volume 101 Part 2.djvu/295

This page needs to be proofread.
PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-185—DEC. 11, 1987

101 STAT. 1281

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) whether the defendant can pass on to consumers or other persons the expense of the fine; and "(7) 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, 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 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.—A person sentenced to pay a fine or other monetary penalty 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. 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. "(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.

t^ 3?L

"(f) RESPONSIBILITY FOR PAYMENT OF MONETARY OBLIGATION RELATING TO ORGANIZATION.—If a sentence includes a fine, special

assessment, 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 State and local director, officer, shareholder, employee, or agent of an organization, governments. payments may not be made, directly or indirectly, from assets of the

'*