§ 3614. Resentencing upon failure to pay a fine or restitution

• (a) 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) 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) 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.