CHAPTER FIVE - DETERMINING THE SENTENCE


PART E - RESTITUTION, FINES, ASSESSMENTS, FORFEITURES

§5E1.3. Special Assessments

A special assessment must be imposed on a convicted defendant in the amount prescribed by statute.

Commentary

Application Notes:

1.This guideline applies only if the defendant is an individual. See §8E1.1 for special assessments applicable to organizations.

2.The following special assessments are provided by statute (18 U.S.C. § 3013):

For Offenses Committed By Individuals On Or After April 24, 1996:

(A)$100, if convicted of a felony;

(B)$25, if convicted of a Class A misdemeanor;

(C)$10, if convicted of a Class B misdemeanor;

(D)$5, if convicted of a Class C misdemeanor or an infraction.

For Offenses Committed By Individuals On Or After November 18, 1988 But Prior To April 24, 1996:

(E)$50, if convicted of a felony;

(F)$25, if convicted of a Class A misdemeanor;

(G)$10, if convicted of a Class B misdemeanor;

(H)$5, if convicted of a Class C misdemeanor or an infraction.

For Offenses Committed By Individuals Prior To November 18, 1988:

(I)$50, if convicted of a felony;

(J)$25, if convicted of a misdemeanor.

3.A special assessment is required by statute for each count of conviction.

Background. Section 3013 of Title 18, United States Code, added by The Victims of Crimes Act of 1984, Pub. L. No. 98-473, Title II, Chap. XIV, requires courts to impose special assessments on convicted defendants for the purpose of funding the Crime Victims Fund established by the same legislation.

Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendments 282 and 302); November 1, 1997 (see Appendix C, amendment 573).