18 U.S.C. § 3013: Federal Special Assessment Fees Explained

A federal criminal case can result in a special assessment in addition to a fine, restitution, or prison sentence. Under 18 U.S.C. § 3013, courts generally must impose this assessment when a person is convicted of a federal offense. The amount depends on the offense’s classification and whether the defendant is an individual or an organization. Knowing how the assessment works can help explain a federal judgment, payment order, or collection notice.

What Is the Special Assessment Under 18 U.S.C. § 3013?

Section 3013 of Title 18 of the U.S. Code establishes a monetary assessment for people and organizations convicted of offenses against the United States. It is a criminal-case charge imposed in addition to any other penalty. The statute directs that the assessment be collected by the court and deposited in the Crime Victims Fund.

The assessment is not a fee for filing a case or using a courtroom. It is part of the sentence entered after conviction. Although the word “fee” sometimes appears in everyday descriptions, special assessment is the statute’s term, and the payment serves a different purpose from a fine or restitution.

Congress created the assessment to provide revenue for federal victim-assistance programs through the Crime Victims Fund. The fund supports services such as victim compensation and assistance programs. The assessment does not ordinarily go directly to a particular victim in a defendant’s case; an order for restitution is the mechanism used to compensate identified victims when the law and circumstances call for it.

How Much Is the Federal Special Assessment?

The amount under § 3013 depends on the offense classification and the type of defendant. The statute sets one schedule for individuals and a higher schedule for organizations. The table summarizes the amounts specified in the statute.

These are the statutory amounts in 18 U.S.C. § 3013. The assessment is distinct from any fine, restitution, forfeiture, or other financial obligation imposed in the same case. A judgment may therefore list several separate amounts, each with its own legal basis.

Is the Assessment Imposed for Each Count?

In many federal cases, the assessment is imposed for each count of conviction, rather than once for the entire case. For example, if an individual is convicted of two felony counts, the judgment may include a $100 assessment for each count, for a total of $200. The precise result depends on the convictions and the sentence entered by the court.

This per-count approach is why the total can be higher than the amount listed for a single offense in the statute. A person reviewing a judgment should look for the number and classification of the counts, then compare the assessment total with the court’s calculation. If an amount appears inconsistent, the judgment and applicable law—not a general estimate—control.

Different questions can arise when a case involves multiple defendants, multiple counts, or offenses with different classifications. The assessment is generally associated with the defendant’s conviction, not divided among co-defendants as though it were a shared bill. The court’s written judgment shows what each defendant owes.

Is a Special Assessment Mandatory?

Section 3013 uses mandatory language: the court “shall” assess the applicable amount for a covered conviction. As a result, a court generally must include the assessment in the sentence when the statute applies. It is not ordinarily an optional charge that can be left out simply because the defendant has limited income.

A defendant’s financial circumstances may still matter to how and when payments are made. Federal sentencing law allows courts to set payment terms for criminal monetary penalties, taking relevant circumstances into account. That is different from eliminating an assessment that the statute requires. Questions about an individual judgment should be directed to a qualified lawyer or the clerk’s office, which can explain the record and payment procedures but cannot provide legal advice.

Who Must Pay the Assessment?

The statute applies to a person or organization convicted of an offense against the United States. Individuals and organizations have different assessment amounts. The ordinary statutory trigger is a conviction; an arrest, charge, or indictment alone does not establish a § 3013 assessment.

Federal juvenile proceedings are governed by separate rules, and an adjudication of juvenile delinquency is not simply interchangeable with an adult criminal conviction. Whether a particular proceeding triggers an assessment depends on its legal basis and the judgment. The case record is the best place to confirm whether the court imposed one.

Where Does the Money Go?

Under § 3013, special assessments are collected by the clerk of the court and deposited in the Crime Victims Fund. The fund is administered for federal victim-assistance purposes. Its resources support programs that help victims of crime, including services provided through grants and compensation programs.

The assessment is not normally paid to the prosecutor, judge, or an individual victim. It is also not the same as restitution. Restitution is ordered to repay a victim or other eligible recipient for losses connected to an offense; the special assessment is directed to the federal fund under the statute.

How Is the Assessment Different From Other Criminal Penalties?

A federal judgment can include multiple financial obligations. Their names may sound similar, but they have different purposes and rules.

A defendant may owe a special assessment even when the court imposes no fine. Conversely, a fine or restitution order does not replace the assessment when § 3013 applies. The judgment should list these obligations separately and indicate the amounts due.

How and When Is a Special Assessment Paid?

The written judgment sets out the financial obligations and payment schedule. Depending on the case, the court may require payment immediately, establish installments, or set another schedule allowed by law. The assessment remains part of the sentence even if the defendant is permitted to pay over time.

Payments are generally handled through the federal court’s financial office or the process identified in the judgment. Procedures can differ by court, so defendants should use the payment instructions for the district where the case was decided. A payment receipt or account statement can help track how funds are applied among assessment, fine, restitution, and other balances.

Federal law provides collection mechanisms for criminal monetary penalties, including special assessments. If a payment is missed, the balance may remain collectible, and additional collection steps may apply. Anyone who cannot meet the ordered schedule should promptly review the judgment and contact counsel or the court’s financial office about the proper procedure. Contacting the court does not itself change the sentence.

Can a Court Waive or Reduce the Assessment?

Because § 3013 generally makes the assessment mandatory, inability to pay does not automatically erase it. Courts may have authority to set or adjust payment terms under relevant federal law, but a payment arrangement is not the same as a waiver of the underlying debt.

Whether a particular assessment can be corrected or challenged depends on the procedural posture, the judgment, and the law applicable to the case. A defendant should not assume that a request to the clerk will change a sentence. Legal questions about correcting a judgment, appealing a sentence, or seeking a modification call for advice from a lawyer familiar with federal criminal practice.

What to Check on a Federal Judgment

A judgment or payment notice can be reviewed systematically. The following details help explain how the assessment was calculated and what remains due.

• Convictions: Identify each count of conviction and its classification.
• Defendant type: Confirm whether the defendant is an individual or an organization.
• Assessment total: Compare the amount with the statutory schedule and the number of applicable counts.
• Separate obligations: Distinguish the assessment from fines, restitution, forfeiture, and other charges.
• Payment terms: Review the due date, installment schedule, and payment instructions.
• Account balance: Use court records or the designated payment office to verify credits and outstanding amounts.

If the assessment seems incorrect, the relevant source is the entered judgment and the docket, not an informal summary alone. A lawyer can assess whether a legal remedy is available. The clerk’s office can usually explain administrative matters, such as how to obtain a copy of the judgment or where to submit payment.

Reliable Sources for § 3013 Information

The most direct source is the official text of 18 U.S.C. § 3013 on the U.S. House of Representatives Office of the Law Revision Counsel website. The statute provides the assessment schedule and directs that collected amounts be deposited in the Crime Victims Fund.

For case-specific payment instructions, the federal district court that entered the judgment is the relevant source. The U.S. Courts website provides general information about the federal court system, while the docket and judgment supply the details of a particular sentence. Statutes and court procedures can change, so official sources should be checked when verifying current requirements.