Poverty Penalties and Poverty Traps

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State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Connecticut Conn. Gen. Stat. § 53a-210 Levy of fine against property
Any fine against any person under section 53a-209 may be levied against any of his real property, personal property, tangible or intangible, choses in action or property of any kind
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or nature, including debts owing to him, which may be situated or found in this state.
Property liens All No
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Connecticut Conn. Gen. Stat. § 52-356d Installment payment order.
(a) When a judgment is rendered against a natural person, the judgment creditor or judgment debtor may move the court for an order for installment payments in accordance with a
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money judgment. After hearing and consideration of the judgment debtor’s financial circumstances, the court may order installment payments reasonably calculated to facilitate payment of the judgment.
Payment plan/installment plan All No
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Connecticut Conn. Gen. Stat. § 52-399 Commitment of debtor for contempt.
Any judge before whom any such examination is ordered may commit the judgment debtor for contempt in case of his neglect or refusal to attend or be sworn at the
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examination or to answer any question put to him during the examination, and any such neglect or refusal, if the examination is ordered or had before a committee, may be by such committee reported to the judge by whom he was appointed, which judge may thereupon proceed for the contempt as fully as if the examination had been ordered or had before himself.
Incarceration All No
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Connecticut Conn. Gen. Stat. § 51-164r Failure to pay or plead
(a) Any person charged with an infraction who fails to pay the fine and any additional fee imposed or send in his plea of not guilty by the answer date
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or wilfully fails to appear for any scheduled court appearance date which may be required shall be guilty of a class C misdemeanor.(b) Any person charged with any violation specified in subsection (b) of section 51-164n who fails to pay the fine and any additional fee imposed or send in his plea of not guilty by the answer date or wilfully fails to appear for any scheduled court appearance date which may be required shall be guilty of a class A misdemeanor.
Increased fine Misdemeanor No
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Connecticut Conn. Gen. Stat. § 18-50(a)(2) Credit against unpaid fine for time spent in confinement, employed or performing community service

(2) Each person committed to any community correctional center upon conviction of any criminal offense, and held therein only for the payment of a fine, may be released from confinement

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by the Commissioner of Correction and, with the agreement of the Court Support Services Division within the Judicial Department, be transferred to said division subject to the requirement that such person perform community service under the supervision of said division until the period of community service performed by such person at the rate of fifty dollars a day amounts to such fine or the balance thereof remaining unpaid. Any person so transferred shall remain under the jurisdiction of the commissioner. Such person shall be discharged from the jurisdiction of the commissioner when such person completes the period of community service required to be performed when computed in accordance with this subdivision or immediately upon payment of the fine in full. If, at any time during such person’s release from confinement pursuant to this subdivision, the commissioner determines that the conduct of such person is unsuitable for continuation in such program of community service, such person may be returned to confinement.

Community service All No
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Connecticut Conn. Gen. Stat. § 18-85(b) Compensation of inmates. Deposit in account. Disbursement priorities.

(b) Compensation so earned shall be deposited, under the direction of the Commissioner of Correction, in an account in a savings bank or state bank and trust company in this

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state or an account administered by the State Treasurer. Any compensation so earned shall be paid to the inmate on the inmate’s release from incarceration, except that the commissioner may, while the inmate is in custody, disburse any compensation earned by such inmate in accordance with the following priorities: (1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of the inmate’s dependents, if any; (7) the inmate’s necessary travel expense to and from work and other incidental expenses; (8) deposits credited to the inmate’s discharge savings account under section 18-84a; (9) costs of such inmate’s incarceration under section 18-85a and regulations adopted in accordance with said section; and (10) payment to the clerk of the court in which an inmate, confined in a correctional facility only for payment of a fine, was convicted, such portion of such compensation as is necessary to pay such fine.

Wage/bank account garnishment All No
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Connecticut Conn. Gen. Stat. § 53a-28a Enforcement of orders of financial restitution.

All financial obligations ordered pursuant to subsection (c) of section 53a-28 or subsection (a) of section 53a-30, as amended by this act, may be enforced in the same manner as a

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judgment in a civil action by the party or entity to whom the obligation is owed. The party or entity seeking enforcement of the financial obligations as a judgment in a civil action shall file with the Superior Court a copy of the court’s order of restitution ordered pursuant to section 53a-28 or 53a-30, as amended by this act, together with an affidavit prepared by the agency or entity monitoring payment of the obligations, on a form prescribed by the Office of the Chief Court Administrator, attesting to the terms of restitution and manner of performance fixed by the court or the Court Support Services Division, identifying the amount of the obligation that has been paid and the amount of the obligation that is owed. Such obligations may be enforced at any time during the ten-year period following the offender’s release from confinement or termination of probation, or within ten years of the entry of the order and sentence, whichever is longer. There shall be no entry fee for filing an enforcement action pursuant to this section. Not later than thirty days after the date of filing of the judgment and the affidavit, the party or entity seeking enforcement of such judgment shall mail notice of filing of the judgment by registered or certified mail, return receipt requested, to the offender at such offender’s last-known address. The proceeds of an execution shall not be distributed to the party or entity seeking enforcement of such judgment earlier than thirty days after the date of filing proof of service with the clerk of the court in which enforcement of such judgment is sought. No fee shall be required for the filing of an execution. The payment of marshal’s fees for service of an execution shall be collected in accordance with the provisions of section 52-261.

Property liens All No
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Connecticut Conn. Gen. Stat. § 52-350f Enforcement of money judgment. Costs, fees and interest.

A money judgment may be enforced against any property of the judgment debtor unless the property is exempt from application to the satisfaction of the judgment under section 52-352a, 52-352b,

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52-352d or 52-361a or any other provision of the general statutes or federal law. The money judgment may be enforced, by execution or by foreclosure of a real property lien, to the amount of the money judgment with (1) all statutory costs and fees as provided by the general statutes, (2) interest as provided by chapter 673 on the money judgment and on the costs incurred in obtaining the judgment, and (3) any attorney’s fees allowed pursuant to section 52-400c.

Property liens All No
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Connecticut Conn. Gen. Stat. § 52-361a Execution on wages after judgment.

(a) Application. If a judgment debtor fails to comply with an installment payment order, the judgment creditor may apply to the court for a wage execution. The application shall contain

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the judgment creditor's or the judgment creditor's attorney's statement setting forth the particulars of the installment payment order and of the judgment debtor's failure to comply. The application shall be accompanied by a fee of one hundred dollars payable to the clerk of the court for the administrative costs of complying with the provisions of this section which fee may be recoverable by the judgment creditor as a taxable cost of the action.

Wage/bank account garnishment All No
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Connecticut Conn. Gen. Stat. § 54-74. Remission of fine.

Any judge of the Superior Court may remit any fine, if in his judgment such course will tend to the reformation of offenders or the furtherance of the ends of justice.

All No
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Connecticut Conn. Gen. Stat. § 54-151 Cost of transcript and printing on appeal.

In any appeal in a criminal action, where it appears to the trial court that the accused is without funds with which to defray the costs of securing a transcript of

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the evidence, or printing the briefs and the appendices to the briefs, such costs shall be defrayed by the state.

All No
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Connecticut Conn. Gen. Stat. § 54-147 Rules for payment of expenses. Waiver of fee or cost.

No fee or cost imposed pursuant to any provision of the general statutes on a person who is a defendant or has been convicted in a criminal proceeding or prosecution shall

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be waived by the court, except as authorized by such provision or for good cause shown.

All No
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Missouri Mo. Ann. Stat. § 558.006 Response to nonpayment

When an offender sentenced to pay a fine defaults in the payment of the fine or in any installment, the fine or installment shall be collected by any means authorized for the enforcement

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collection of money judgments, other than a lien against real estate, or may be waived at the discretion of the sentencing judge.

Other, Wage/bank account garnishment All No
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Missouri Mo. Ann. Stat. § 559.016(3) Terms of probation - extension

The court may extend a period of probation, however, no more than one extension of any probation may be ordered except that the court may extend the total time on

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probation by one additional year by order of the court if the defendant admits he or she has violated the conditions of his or her probation or is found by the court to have violated the conditions of his or her probation. 

Condition or extension of supervision All No
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Missouri Mo. Ann. Stat. § 559.021(2)(1) Conditions of probation--compensation of victims--free work, public or charitable--defendant not an employee for workers’ compensation purposes--payment to county restitution fund, when

In addition to such other authority as exists to order conditions of probation, the court may order such conditions as the court believes will serve to compensate the victim, any

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dependent of the victim, any statutorily created fund for costs incurred as a result of the offender's actions, or society. Such conditions may include restorative justice methods pursuant to section 217.777, or any other method that the court finds just or appropriate including, but not limited to: (1) Restitution to the victim or any dependent of the victim, or statutorily created fund for costs incurred as a result of the offender's actions in an amount to be determined by the judge.

Condition or extension of supervision All No
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Missouri Mo. Ann. Stat. § 476.120 Punishment for contempt

Punishment for contempt may be by fine or imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court.

Incarceration, Increased fine All No
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Missouri Mo. Ann. Stat. § 488.020 Collection of court costs, when, how

Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the

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fee, the court may hold the party in contempt.

Incarceration, Increased fine, Other All No
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Missouri Mo. Rev. Stat. § 488.020(3)-(4) Collection of court costs, when, how

The supreme court may provide by rule for imposition of interest on any court costs not paid within thirty days of when due. If any court cost is not paid

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when due, the following actions may be taken:

(3) Upon notification to the party from whom the court cost is due, and upon failure to pay the fee after such notice, the court may inform the office of administration of any delinquencies in excess of twenty-five dollars. Upon receiving such notice, and without further notice by the office of administration to the defaulting party, the office of administration shall deduct the amount of unpaid court costs from any payment by the state to the defaulting party under any provision of law. The office of administration shall transmit the amount set off to the court, and shall send the excess amount to the payee, with a notice that the remainder of the refund was transmitted to the court in satisfaction of all or part of the unpaid court costs. The office of administration and its officials and employees shall not be liable to any person for any action taken in accordance with the requirements of this subdivision. Any proceeding contesting any action taken by a court or the office of administration pursuant to this subdivision shall be brought in the court which certified such unpaid fees to the office of administration, and shall be deemed ancillary to the proceeding for which such unpaid fees were assessed. No appearance, responsive pleading or discovery shall be due from the office of administration in such proceeding except upon order of the court;

(4) Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the fee, the court may hold the party in contempt.

 

Collection fee/interest, Incarceration, Increased fine, Other, Wage/bank account garnishment All No
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Missouri Mo. Const. Art. 1, § 11 Imprisonment for debt

That no person shall be imprisoned for debt, except for nonpayment of fines and penalties imposed by law.

Incarceration All No
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Missouri Mo. Ann. Stat. § 600.090(2) Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected

If at any time, either during or after the disposition of his case, such defendant becomes financially able to meet all or some part of the cost of services rendered

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to him, he shall be required to reimburse the commission in such amounts as he can reasonably pay, either by a single payment or by installments of reasonable amounts, in accordance with a schedule of charges for public defender services prepared by the commission.

Payment plan/installment plan All No