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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Georgia Ga. Code Ann. § 17-10-20(c) Collection of Fines and Restitution in Criminal Cases

If the fine or restitution is not paid in full, such judgment may be enforced by instituting any procedure for execution upon the writ of fieri facias through levy, foreclosure,

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garnishment, and all other actions provided for the enforcement of judgments in the State of Georgia and in other states and foreign nations where such judgment is afforded full faith and credit under the Uniform Foreign Money Judgments Act or domestication thereof.

Wage/bank account garnishment All No
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Georgia Ga. Code Ann. § 42-8-34(e)(3)(A)(iii);(e)(3)(B) Sentencing Hearings and Determinations; Presentence Investigations; Payment of Fees, Fines, and Costs; Post-Conviction, Presentence Bond; Continuing Jurisdiction; Transferal of Probation Supervision

(iii)  "Significant financial hardship" means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months;  (B)  The court shall waive,

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modify, or convert fines, statutory surcharges, probation supervision fees, and any other moneys assessed by the court or a provider of probation services upon a determination by the court prior to or subsequent to sentencing that a defendant has a significant financial hardship or inability to pay or that there are any other extenuating factors which prohibit payment or collection; provided, however, that the imposition of sanctions for failure to pay such sums shall be within the discretion of the court through judicial process or hearings.

All No
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Georgia Ga. Code Ann. § 42-8-34.2(a) Delinquency of Defendant in Payment of Fines, Costs, or Restitution or Reparation; Costs of Garnishment

In the event that a defendant is delinquent in the payment of fines, costs, or restitution or reparation, as was ordered by the court as a condition of probation, the

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defendant's officer shall be authorized, but shall not be required, to execute a sworn affidavit wherein the amount of arrearage is set out. In addition, the affidavit shall contain a succinct statement as to what efforts DCS has made in trying to collect the delinquent amount. The affidavit shall then be submitted to the sentencing court for approval. Upon signature and approval of the court, such arrearage shall then be collectable through issuance of a writ of fieri facias by the clerk of the sentencing court; and DCS may enforce such collection through any judicial or other process or procedure which may be used by the holder of a writ of execution arising from a civil action.

Civil judgment All No
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Georgia Ga. Code Ann. § 15-9-62(a) Issuance of Writ of Fieri Facias for Fees; Defenses

Whenever any costs are due the judge of the probate court by executors, administrators, or guardians, upon failure to pay the same on demand made, he is empowered to issue

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a writ of fieri facias at any regular term of court against the executors, administrators, or guardians for the amount due for costs at the time of the demand.

Civil judgment All No
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Georgia Ga. Code Ann. § 17-6-1.1(1);(2) Electronic Pretrial Release and Monitoring Program for Defendants; Requirements; Procedures; Fees

(1)  As an additional condition of electronic pretrial release and monitoring, a defendant authorized to participate in such program by the court shall pay a reasonable, nonrefundable fee for program enrollment,

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equipment use, and monitoring to the provider of such program. If a bonding company, bonding agent, or probation service provider is the provider, the fees earned in the capacity of being such a provider shall be in addition to the fees allowed in Code Sections 17-6-30, 42-8-34, and 42-8-102; (2)  The fees connected with the electronic pretrial release and monitoring program shall be timely paid by a defendant as a condition of his or her ongoing participation in the electronic pretrial release and monitoring program in accordance with the terms for such programs as approved by the court. Failure to make timely payments shall constitute a violation of the terms of the electronic pretrial release and monitoring program and shall result in the defendant's immediate return to custody.

Incarceration All No
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-503(a) Installment When a court imposes a fine, the court may order the defendant to pay the fine: (1) When the court imposes sentence; or (2) In specified installments at designated intervals. Payment plan/installment plan All No
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-503(c) Condition Probation on Payment If a court sentences a defendant to probation, the court may make payment of a fine a condition of the sentence. Condition or extension of supervision All No
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-504(c)(3) Imprisonment
After an investigation that a court considers necessary as to the reasons for the failure or inability to pay a fine, the court: May order that the individual be committed
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to a correctional facility;
Incarceration All No
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-505 Collection of Unpaid Fines and Costs Unpaid and undischarged fines and unpaid costs may be levied, executed on, and collected in the same manner as judgments in civil cases. Property liens All No
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Maryland Md. Code Ann., Transp. § 26-207(a) Revocation of Commercial License
If a person holding a commercial driver's license fails to comply with a notice to appear in court or a notice for failure to pay a fine for a traffic
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citation issued to the person under the laws or regulations of another state, and the other state's driver licensing authority notified the Administration of the noncompliance, on receipt of the notice of noncompliance and after giving the person 10 days' written notice, the Administration shall suspend the driving privileges of the person until receipt of a notice of compliance from the other state.
Driver's license suspension/impoundment All No
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Maryland Md. Code Ann., Transp. § 27-103(a) Revocation of License
If a person fined under the Maryland Vehicle Law1 or under any federal traffic law or regulation for a violation occurring in Maryland does not pay the fine in accordance
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with the court's directive: (1) The court may so certify to the Administration; and (2) On such certification, after giving the person 10 days advance written notice, the Administration may suspend the driving privileges or license of the person until the fine has been paid.
Driver's license suspension/impoundment All No
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Maryland Md. Code Ann., Crim. Law §10-119(i) Criminal Contempt Sanctions
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may
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be punished by the court as provided by law.
Increased fine All No
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Maryland Md. Code Ann., Crim. Law §10-127(c) Criminal Contempt Sanctions A defendant's willful failure to pay a fine imposed under this part may be treated as a criminal contempt punishable as provided by law. Increased fine All No
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Maryland Md. Code Ann., Crim. Law §10-133(i) Criminal Contempt Sanctions
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may
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be punished by the court as provided by law.
Increased fine All No
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Maryland Md. Code Ann., Crim. Law §10-137(i) Criminal Contempt Sanctions
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may
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be punished by the court as provided by law.
Increased fine 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