Page:United States Statutes at Large Volume 110 Part 2.djvu/66

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110 STAT. 1240 PUBLIC LAW 104-132—APR. 24, 1996 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.". (5) RESENTENCING.— Section 3614 of title 18, United States Code, is amended— (A) in the heading, by inserting "or restitution" after "fine"; (B) in subsection (a), by inserting "or restitution" after "fine"; and (C) by adding at the end the following new subsection: "(c) EFFECT OF INDIGENCY.—In no event shall a defendant be incarcerated under this section solely on the basis of inability to make pa5anents because the defendant is indigent.". (d) CLERICAL AMENDMENT. — The table of sections at the beginning of subchapter B of chapter 229 of title 18, United States Code, is amended to read as follows: "Sec. "36.11. Payment of a fine or restitution. "3612. Collection of an unpaid fine or restitution. "3 613. Civil remedies for satisfaction of an unpaid fine. "3613A. Effect of default. "3614. Resentencing upon failure to pay a fine or restitution. "3615. Criminal default. ". 28 USC 994 note. SEC. 208. INSTRUCTION TO SENTENCING COMMISSION. Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to reflect this subtitle and the amendments made by this subtitle. 18 USC 3551 SEC. 209. JUSTICE DEPARTMENT REGULATIONS. Not later than 90 days after the date of enactment of this subtitle, the Attorney General shall promulgate guidelines, or amend existing guidelines, to carry out this subtitle and the amendments made by this subtitle and to ensure that— (1) in all plea agreements negotiated by the United States, consideration is given to requesting that the defendant provide full restitution to all victims of all charges contained in the indictment or information, without regard to the counts to which the defendant actually pleaded; and (2) orders of restitution made pursuant to the amendments made by this subtitle are enforced to the fullest extent of the law. SEC. 210. SPECIAL ASSESSMENTS ON CONVICTED PERSONS. Section 3013(a)(2) of title 18, United States Code, is amended— (1) in subparagraph (A), by striking "$50" and inserting "not less than $100"; and (2) in subparagraph (B), by striking "$200" and inserting "not less than $400".