Poverty Penalties and Poverty Traps

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Below are the poverty penalties and poverty traps that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.

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State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Type of financial obligation Type of court Level of offense Mandatory
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Georgia Ga. Code Ann. § 17-10-8 Payment of fine as condition precedent to probation in felony cases the judge may in his discretion impose a fine on the person so convicted as a condition to such probation.  Incarceration Fee All All No
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Georgia Ga. Code Ann. § 17-10-8 Payment of fine as condition precedent to probation in felony cases the judge may in his discretion impose a fine on the person so convicted as a condition to such probation.  Condition or extension of supervision Fee All All No
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Georgia Ga. Code Ann. § 17-10-8.1 Payment of legal defense application fee as condition of probation
In any case in which a defendant receives legal defense services pursuant to Chapter 12 of Title 17 where the defendant has not paid the application fee required by Code
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Section 15-21A-6 and the court has not waived such fee at the time of sentencing, the court shall impose such fee as a condition of probation.
Condition or extension of supervision Fee All All No
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Georgia Ga. Code Ann. § 17-10-8.1 Payment of legal defense application fee as condition of probation
In any case in which a defendant receives legal defense services pursuant to Chapter 12 of Title 17 where the defendant has not paid the application fee required by Code
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Section 15-21A-6 and the court has not waived such fee at the time of sentencing, the court shall impose such fee as a condition of probation.
Incarceration Fee All All No
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Georgia Ga. Code Ann. § 17-11-1 When defendant shall pay costs
The judgment shall be a lien from the date of his arrest on all the property of the defendant. The clerk shall issue an execution on the judgment against the
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property.
Property liens Fine Traffic Traffic Yes
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Illinois 725 Ill. Comp. Stat. 5/113-3.1(g) Payment for Court-Appointed Counsel
A defendant who fails to obey any order of court entered under this Section may be punished for contempt of court. Any arrearage in payments may be reduced to judgment
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in the court's discretion and collected by any means authorized for the collection of money judgments under the law of this State.
Collection fee/interest Fee All All No
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Illinois 625 Ill. Comp. Stat. 5/6-206.1 Monitoring Device Driving Permit - cancellation
  Any offender participating in the MDDP program must pay the Secretary a MDDP Administration Fee in an amount not to exceed $30 per month, to be deposited into the Monitoring
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Device Driving Permit Administration Fee Fund. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. The offender must have an ignition interlock device installed within 14 days of the date the Secretary issues the MDDP. The ignition interlock device provider must notify the Secretary, in a manner and form prescribed by the Secretary, of the installation. If the Secretary does not receive notice of installation, the Secretary shall cancel the MDDP
Driver's license suspension/impoundment Fee Traffic Traffic Yes
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Kansas Kan. Stat. Ann. § 8-2110 Failure to comply with traffic citation; misdemeanor; suspension of driver's license; restricted driving privileges; fees for mailing notice; reinstatement fee; authorized only by legislative enactment; disposition of reinstatement fees
When a person fails to comply with a traffic citation, except for illegal parking, standing or stopping, the district or municipal court in which the person should have complied with
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the citation shall mail notice to the person that if the person does not appear in district or municipal court or pay all fines, court costs and any penalties within 30 days from the date of mailing notice, the division of vehicles will be notified to suspend the person's driving privileges. The district or municipal court may charge an additional fee of $5 for mailing such notice.
Driver's license suspension/impoundment Fee All Misdemeanor Yes
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Kansas Kan. Stat. Ann. § 8-1567 Driving a commercial motor vehicle under the influence; penalties
In lieu of payment of a fine imposed pursuant to this section, the court may order that the person perform community service specified by the court. The person shall receive
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a credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed not later than one year after the fine is imposed or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date.
Community service Fine All All No
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Kentucky Ky. Rev. Stat. Ann. § 532.033 Order of restitution
When a judge orders restitution, the judge shall... (8) Not release the defendant from probation supervision until restitution has been paid in full and all other aspects of the probation
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order have been successfully completed.
Condition or extension of supervision Restitution All All Yes
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Kentucky Ky. Rev. Stat. Ann. § 24A.175 Court cost enforcement
If the court finds that the defendant does not meet the standard articulated in subsection (3) of this section [definition of inability to pay] and that the defendant is nonetheless
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unable to pay the full amount of the court costs, fees, and fines at the time of sentencing, then the court shall establish a show cause date by which time court costs, fees, and fines shall be paid and may establish an installment payment plan whereby the defendant pays the full amount of the court costs, fees, and fines to the circuit clerk in installments as established by the court. The court costs, fees, and fines under the installment plan shall be paid within one (1) year of the date of sentencing notwithstanding any remaining restitution or other monetary penalty owed by the defendant and arising out of the conviction. Installment payments will be applied first to court costs, then to restitution, then to fees, and then to fines.
Payment plan/installment plan Fee Municipal All No
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Kentucky Ky. Rev. Stat. Ann. § 441.265 Jail reimbursement enforcement
(3) The jailer or his designee may bill and attempt to collect any amount owed which remains unpaid. The governing body of the county may, upon the advice of the
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jailer, contract with one (1) or more public agencies or private vendors to perform this billing and collection. Within twelve (12) months after the date of the prisoner's release from confinement, the county attorney, jailer, or the jailer's designee, may file a civil action to seek reimbursement from that prisoner for any amout owed which remains upaid...(5)The governing body of the county may require a prisoner who is confined in the county jail to pay a reasonable fee, not exceeding actual cost, for any medical treatment or service received by the prisoner. However, no prisoner confined in the jail shall be denied any necessary medical care because of inability to pay.(6)Payment of any required fees may be automatically deducted from the prisoner's property or canteen account. If the prisoner has no funds in his account, a deduction may be made creating a negative balance. If funds become available or if the prisoner reenters the jail at a later date, the fees may be deducted from the prisoner's property or canteen account. (7)Prior to the prisoner's release, the jailer or his designee may work with the confined prisoner to create a reimbursement plan to be implemented upon the prisoner's release. At the end of the prisoner's incarceration, the prisoner shall be presented with abilling statement produced by the jailer or designee. After the prisoner's release, the jailer or his designee may, after negotiation with the prisoner, release the prisoner from all or part of the prisoner's repayment obligation if the jailer believes that the prisoner will be unable to pay the full amount due.
Payment plan/installment plan Fee All All No
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Maine Me. Rev. Stat. tit 17-A §1341(6)(A) Assessment of reimbursement fee against prisoners
Unless the offender shows by a preponderance of the evidence that the default was not attributable to an intentional or knowing refusal to obey the court's order or to a
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failure on the offender's part to make a good-faith effort to obtain the funds required to make payment, the court shall find that the default was unexcused and may commit the offender to the custody of the sheriff until all or a specified part of the jail reimbursement fee is paid. The length of confinement in a county jail for unexcused default must be specified in the court's order and may not exceed one day for every $5 of unpaid jail reimbursement fee or 6 months, whichever is shorter.
Incarceration Fee State, Municipal All No
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Maine Me. Rev. Stat. tit 17-A §1341(6)(B) Assessment of reimbursement fee against prisoners If it appears that the default is excusable, the court may give the offender additional time for payment or may reduce the amount of each installment. Condition or extension of supervision Fee State, Municipal All No
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Maine Me. Rev. Stat. tit 17-A §1204(1-A) Revocation of probation
When a person on probation fails to pay the supervision fee, the court may revoke probation as specified in section 1206, unless the person shows that failure to pay was
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not attributable to a willful refusal to pay or to a failure on that person's part to make a good faith effort to obtain the funds required for the payment. The court, if it determines that revocation of probation is not warranted, shall issue a judgment for the total amount of the fee and shall issue an order attaching a specified portion of money received by or owed to the person on probation until the total amount of the fee has been paid. If the person makes this showing, the court may allow additional time for payment within the remaining period of probation or reduce the size of the fee to as low as $10 per month, but may not revoke the requirement to pay the fee unless the remaining period of probation is 30 days or less.
Incarceration Fee All All No
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Maine Me. Rev. Stat. tit 17-A §1204(1-B) Revocation of probation
When a person on probation fails to pay the fees, the court may revoke probation as specified in section 1206, unless the person shows that failure to pay was not
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attributable to a willful refusal to pay or to a failure on that person's part to make a good faith effort to obtain the funds required for the payment.
Incarceration Fee All All No
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Maine Me. Rev. Stat. tit 17-A §1204(5) Refusal of permission to leave jurisdiction
When a person fails to pay an imposed fee, the department may refuse to process the application or may withdraw permission to leave if the failure to pay is attributable
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to the person's willful refusal to pay or to a failure on the person's part to make a good faith effort to obtain the funds required for the payment.
Condition or extension of supervision Supervision fee State Felony No
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Maine Me. Rev. Stat. tit 17-A §1349-C(1) Revocation of Administrative leave
In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. When a
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person fails to pay the administrative supervision fee, the court may revoke administrative release as provided in sections 1349-D and 1349-E unless the person shows that failure to pay was not attributable to a willful refusal to pay or to a failure on that person's part to make a good faith effort to obtain the funds required for the payment.
Incarceration Supervision fee State All No
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Montana Mont. Code Ann. § 45-5-205(4) Negligent vehicular assault--penalty
If a term of incarceration is imposed under subsection (2) or (3), the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and
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of restitution. If the person does not pay the fine or restitution, the term of incarceration may be imposed.
Incarceration Fine, Restitution State, Municipal Misdemeanor, Felony No
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Montana Mont. Code Ann. § 46-18-244(3)(a) Type and time of payment--defenses--ensuring payment
In addition to other methods of payment, the court may order one or more of the following in order to satisfy the offender's restitution obligation: (a) forfeiture and sale of
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the offender's assets under the provisions of Title 25, chapter 13, part 7, unless the court finds, after notice and an opportunity for the offender to be heard, that the assets are reasonably necessary for the offender to sustain a living or support the offender's dependents or unless the state determines that the cost of forfeiture and sale would outweigh the amount available to the victim after sale. If the proceeds of sale exceed the amount of restitution ordered and the costs of forfeiture and sale, any remaining amount must be returned to the offender
Property liens All All All No