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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Arkansas Ark. Code Ann. § 5-26-401 Nonsupport
(d) A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of
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a spouse or any person who is responsible for maintenance of a dependent child who states that nonsupport has taken place.
Incarceration Fee State, Municipal All Yes
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Arkansas Ark. Code Ann. § 5-26-413   Temporary Support Order
  At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may: ...(2) Punish for violation of the temporary
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support order as for contempt.
Incarceration Other State All No
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Arkansas Ark. Code Ann. § 5-26-414    Order for periodic payments -- Release of defendant on own recognizance (c) Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended Incarceration Other State All Yes
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Arkansas Ark. Code Ann. § 16-98-304(b) Cost and fees
(b)(1) The drug court judge shall establish a schedule for the payment of costs and fees. . . (7) Court orders for costs and fees shall remain an obligation of
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the offender with court monitoring until fully paid
Payment plan/installment plan Fee, Supervision fee State All Yes
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Arkansas Ark. Code Ann. § 16-98-304(b) Cost and fees
(b)(1) The drug court judge shall establish a schedule for the payment of costs and fees. . . (7) Court orders for costs and fees shall remain an obligation of
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the offender with court monitoring until fully paid
Condition or extension of supervision Fee, Supervision fee State All Yes
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Colorado Colo. Rev. Stat. § 17-10-103 Action for reimbursement of cost of care
When any person has been sentenced to confinement in a local jail or a correctional facility or to home detention or has been granted probation or has been placed on
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parole by the state board of parole and the sentencing court has not entered an order pursuant to section 18-1.3-701, C.R.S., requiring such person to pay the full cost of care incurred during such person's sentence, the state, the appropriate prosecuting attorney, the department of corrections, the judicial department, or any government agency which has incurred cost of care of such person may file an action for reimbursement for cost of care.
Increased fine Other All All No
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Connecticut Conn. Gen. Stat. § 54-74. Remission of fine. Not specified All All All No
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Connecticut Conn. Gen. Stat. § 54-151 Cost of transcript and printing on appeal. Not specified All All All No
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Connecticut Conn. Gen. Stat. § 54-147 Rules for payment of expenses. Waiver of fee or cost. Burden on defendant to show inability to pay All All All No
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Delaware Del. Code Ann. tit. 10, ? 8603 Nonpayment of costs
(e) A default in the payment of defense costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The
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levy of execution for the collection of such payment shall not discharge a defendant committed for imprisonment for contempt until the full amount of the fine has actually been collected. The court shall have the power to pursue civil enforcement to obtain the money due on behalf of the State, and to also pursue criminal remedies when civil means are not effective.
Incarceration Fee State All No
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Delaware Del. Code Ann. tit. 4, ? 902 Offenses carrying penalty of fine of $500 to $1,000 or imprisonment for 3 to 6 months on failure to pay fine
On failure to pay such fine and costs, shall be imprisoned not less than 3 nor more than 6 months. Justices of the peace shall have original jurisdiction to hear,
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try, and finally determine alleged violations of this section.
Incarceration Fine State Misdemeanor Yes
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Delaware Del. Code Ann. tit. 10, ? 8709 Neglect or refusal to pay fees; penalty
Whoever neglects or refuses to pay the fees provided for in ?? 8707 and 8708 of this title, for any service performed within 10 days after written demand from the
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officer to whom such fees are due, shall be fined $ 10 besides costs of suit.
Increased fine Fee State All Yes
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Delaware Del. Code Ann. tit. 10, ? 8602 Conditions of Payment
When the court determines that a defendant must pay the costs of defense, the court may grant permission for payment to be made within a specified period of time or
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in specified installments. If no such permission is granted, the full amount shall be payable forthwith.
Payment plan/installment plan Fee State All No
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Delaware Del. Code Ann. tit. 10, ? 8603 Nonpayment of costs
(b) If there has been no former citation for contempt, the term of imprisonment for contempt for the nonpayment of defense costs shall be set forth in the commitment order,
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and shall not exceed 1 day for each $25 of the full amount. In no event shall imprisonment exceed 30 days if the fine was imposed upon conviction of a violation or misdemeanor. In all other cases, the court may impose a term of imprisonment not to exceed 1 year. A person committed for nonpayment shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order. (c) Upon a second or subsequent citation for contempt and unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make good faith effort to make the payment, the court may find that such default constitutes contempt and may order the defendant committed until the payment, or a specified part thereof, is paid.
Incarceration Fee State All Yes
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Florida Fla. Stat. §775.0844(8)(a) White Collar Crime Victim Protection Act
The court retains jurisdiction to enforce its order to pay fines or restitution. The court may initiate proceedings against a defendant for a violation of probation or for contempt of
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court if the defendant willfully fails to comply with a lawful order of the court.
Condition or extension of supervision Restitution State Felony Yes
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Florida Fla. Stat. §775.0844(8)(b) White Collar Crime Victim Protection Act
The court shall make the payment of restitution a condition of any probation granted to the defendant by the court. Notwithstanding any other law, the court may order continued probation
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for a defendant convicted under this section for up to 10 years or until full restitution is made to the victim, whichever occurs earlier.
Condition or extension of supervision Restitution State Felony Yes
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Florida Fla. Stat. §316.193(6) Driving under the influence; penalties
However, in satisfaction of the fine imposed pursuant to this section, the court may, upon a finding that the defendant is financially unable to pay either all or part of
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the fine, order that the defendant participate for a specified additional period of time in public service or a community work project in lieu of payment of that portion of the fine which the court determines the defendant is unable to pay. In determining such additional sentence, the court shall consider the amount of the unpaid portion of the fine and the reasonable value of the services to be ordered; however, the court may not compute the reasonable value of services at a rate less than the federal minimum wage at the time of sentencing.
Community service Fine, Fee All All No
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Florida Fla. Stat. §316.1937(5)(b) Ignition interlock devices, requiring; unlawful acts
Any person convicted of a violation of subsection (6) who does not have a driver license shall, in addition to any other penalty provided by law, pay a fine of
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not less than $250 or more than $500 per each such violation. In the event that the person is unable to pay any such fine, the fine shall become a lien against the motor vehicle used in violation of subsection (6) and payment shall be made pursuant to s. 316.3025(5).
Property liens Fine All Traffic Yes
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Florida Fla. Stat. §776.085(4)(b) Defense to civil action for damages; party convicted of forcible or attempted forcible felony
The court shall award a reasonable attorney’s fee to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney; however, the losing
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party’s attorney is not personally responsible if he or she has acted in good faith, based on the representations of his or her client. If the losing party is incarcerated for the crime or attempted crime and has insufficient assets to cover payment of the costs of the action and the award of fees pursuant to this paragraph, the party shall, as determined by the court, be required to pay by deduction from any payments the prisoner receives while incarcerated.
Payment plan/installment plan Fee All All Yes
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Florida Fla. Stat. §806.13(8) Criminal mischief; penalties; penalty for minor
A minor whose driver license or driving privilege is revoked, suspended, or withheld under subsection (7) may elect to reduce the period of revocation, suspension, or withholding by performing community
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service at the rate of 1 day for each hour of community service performed. In addition, if the court determines that due to a family hardship, the minor’s driver license or driving privilege is necessary for employment or medical purposes of the minor or a member of the minor’s family, the court shall order the minor to perform community service and reduce the period of revocation, suspension, or withholding at the rate of 1 day for each hour of community service performed. As used in this subsection, the term “community service” means cleaning graffiti from public property.
Community service Other All Misdemeanor Yes