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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Virginia Va. Code Ann. § 53.1-45.1 Work program wage garnishment
C. The Director shall arrange for compensation for such employment. Wages earned by prisoners shall be paid to the Director who shall deduct from such wages, in the following order
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of priority, an amount to:1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order; 2. Pay any fines, restitution or costs as ordered by the court; and 3. Defray a portion of the prisoner's keep.
Wage/bank account garnishment All Yes
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Virginia Va. Code Ann. § 53.1-60 Work release wage garnishment
C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be
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paid to the Director. The Director shall, in accordance with regulations promulgated by the Board, deduct from such wages, in the following order of priority, an amount to:1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order; 2. Pay any fines, restitution or costs as ordered by the court;
Wage/bank account garnishment All Yes
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Virginia Va. Code Ann. § 53.1-60.1 Inmate trust account garnishment
Upon receipt of a valid court order or judgment against a person confined in a state correctional facility, the Director or his designee shall satisfy, to the extent possible, the
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amount required to be paid by the order or judgment from the inmate's trust account. The Director shall promulgate regulations governing the process of collecting funds from inmates to be used for (i) the satisfaction of judgments or orders granting monetary relief or imposing fines or other monetary sanctions or (ii) payment of court costs and fees.
Wage/bank account garnishment All Yes
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Virginia Va. Code Ann. § 53.1-127.4 Driver's license suspension
No suspension of driving privileges shall be issued by the Department of Motor Vehicles for failure or refusal to provide for immediate payment in full of fees imposed under §
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53.1-131.3 or for failure to make payments under a deferred or installment payment agreement unless the sheriff or jail superintendent has (i) entered into an agreement with the Department of Motor Vehicles pursuant to § 46.2-320.2, (ii) has obtained a judgment and court order for suspension or nonrenewal issued by a court of competent jurisdiction, and (iii) has provided to the Commissioner of Motor Vehicles electronic notice of such judgment or default and court order and the person's most current mailing address. The provisions of this section shall apply to all unpaid fees imposed under § 53.1-131.3 provided the sheriff or jail administrator or other entity under a contract pursuant to § 53.1-127.5 informs the person who owes the fees and receives signed certification of understanding at the time the deferred or installment payment agreement is entered into that upon failure or refusal to pay in accordance with the payment agreement the person's privilege to operate a motor vehicle shall be suspended pursuant to the provisions of § 46.2-320.2.
Driver's license suspension/impoundment All Yes
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Virginia Va. Code Ann. § 53.1-127.3 Installment payment agreement
If a person is unable to pay in full the fees owed to the local correctional facility or regional jail pursuant to § 53.1-131.3, the sheriff or jail superintendent shall
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establish a deferred or installment payment agreement subject to the approval of the general district court. As a condition of every such agreement, a person who enters into a deferred or installment payment agreement shall promptly inform the sheriff or jail superintendent of any change of mailing address during the term of the agreement.
Payment plan/installment plan All Yes
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Virginia Va. Code Ann. § 53.1-131.2(H) Work release while on home/electronic incarceration program wage garnishment
H. Any wages earned by an offender or accused assigned to a home/electronic incarceration program and participating in work release shall be paid to the director or administrator after standard
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payroll deductions required by law. Distribution of the money collected shall be made in the following order of priority to: 1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order; 2. Pay any fines, restitution or costs as ordered by the court;
Wage/bank account garnishment All Yes
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Virginia Va. Code Ann. § 66-25.1:3(C) Juvenile work release program wage garnishment
C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be
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paid to the Director. The Director shall, in accordance with regulations promulgated by the Board, deduct from such wages, in the following order of priority, an amount to: 1. Meet the obligation of any judicial or administrative order to provide support, and such funds shall be disbursed according to the terms of such order; 2. Pay any fines, restitution, or costs as ordered by the court; and 3. Pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program.
Wage/bank account garnishment All Yes
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Virginia Va. Code Ann. § 19.2-354(A) Installment Plan
A. Whenever (i) a defendant, convicted of a traffic infraction or a violation of any criminal law of the Commonwealth or of any political subdivision thereof, or found not innocent
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in the case of a juvenile, is sentenced to pay a fine, restitution, forfeiture or penalty and (ii) the defendant is unable to make payment of the fine, restitution, forfeiture, or penalty and costs within 30 days of sentencing, the court shall order the defendant to pay such fine, restitution, forfeiture or penalty and any costs which the defendant may be required to pay in deferred payments or installments. The court assessing the fine, restitution, forfeiture, or penalty and costs may authorize the clerk to establish and approve individual deferred or installment payment agreements. Any payment agreement authorized under this section shall be consistent with the Rules of Supreme Court of Virginia, including any required minimum payments or other required conditions. The requirements established by the Rules of Supreme Court of Virginia shall be posted in the clerk's office and on the court's website, if a website is available.
Payment plan/installment plan All Yes
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Virginia Va. Code Ann. § 19.2-354(B) work release, home/electronic incarceration or nonconsecutive days program wage garnishment
B. When a person sentenced to the Department of Corrections or a local correctional facility owes any fines, costs, forfeitures, restitution or penalties, he shall be required as a condition
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of participating in any work release, home/electronic incarceration or nonconsecutive days program as set forth in § 53.1-60, 53.1-131, 53.1-131.1, or 53.1-131.2 to either make full payment or make payments in accordance with his installment or deferred payment agreement while participating in such program....The Director of the Department of Corrections and any sheriff or other administrative head of any local correctional facility shall withhold such ordered payments from any amounts due to such person.
Wage/bank account garnishment All Yes
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Virginia Va. Code Ann. § 46.2-395. Suspension of license for failure or refusal to pay fines or costs
B. In addition to any penalty provided by law and subject to the limitations on collection under §§ 19.2-340 and 19.2-341, when any person is convicted of any violation of
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the law of the Commonwealth or of the United States or of any valid local ordinance and fails or refuses to provide for immediate payment in full of any fine, costs, forfeitures, restitution, or penalty lawfully assessed against him, or fails to make deferred payments or installment payments as ordered by the court, the court shall forthwith suspend the person's privilege to drive a motor vehicle on the highways in the Commonwealth. The driver's license of the person shall continue suspended until the fine, costs, forfeiture, restitution, or penalty has been paid in full.
Driver's license suspension/impoundment All Yes
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Virginia Va. Code Ann. § 19.2-340 presentment, indictment, information or warrant in recovery of fine
When any statute or ordinance prescribes a fine, unless it is otherwise expressly provided or would be inconsistent with the manifest intention of the General Assembly, it shall be paid
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to the Commonwealth if prescribed by a statute and recoverable by presentment, indictment, information or warrant and paid to the locality if prescribed by an ordinance and recoverable by warrant. Fines imposed and costs taxed in a criminal or traffic prosecution, including a prosecution for a violation of an ordinance adopted pursuant to § 46.2-1220, for committing an offense shall constitute a judgment and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment, subject to the period of limitations provided by § 19.2-341.
Incarceration All Yes
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Virginia Va. Code Ann. § 19.2-341 warrant, presentment, indictment, or information in recovery of other costs
When any statute or ordinance prescribes a monetary penalty other than a fine, unless it is otherwise expressly provided or would be inconsistent with the manifest intention of the General
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Assembly, it shall be paid to the Commonwealth if prescribed by a statute and paid to the locality if prescribed by an ordinance and recoverable by warrant, presentment, indictment, or information. Penalties imposed and costs taxed in any such proceeding shall constitute a judgment and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment.
Incarceration All Yes
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Virginia Va. Code Ann. § 8.01-458 Property Lien
Every judgment for money rendered in this Commonwealth by any state or federal court or by confession of judgment, as provided by law, shall be a lien on all the
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real estate of or to which the defendant in the judgment is or becomes possessed or entitled, from the time such judgment is recorded on the judgment lien docket of the clerk's office of the county or city where such land is situated
Property liens All Yes
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Virginia Va. Code Ann. § 8.01-466 Execution of writ of fieri facias
On a judgment for money, it shall be the duty of the clerk of the court in which such judgment was rendered, upon request of the judgment creditor, his assignee
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or his attorney, to issue a writ of fieri facias at the expiration of twenty-one days from the date of the entry of the judgment and place the same in the hands of a proper person to be executed and take his receipt therefor.
Property liens All Yes
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Virginia Va. Code Ann. § 17.1-275(A)(27) Fees collected by clerks of circuit courts; generally- Credit Card convenience fee
27. For the acceptance of credit or debit cards in lieu of money to collect and secure all fees, including filing fees, fines, restitution, forfeiture, penalties and costs, the clerk
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shall collect from the person presenting such credit or debit card a reasonable convenience fee for the processing of such credit or debit card. Such convenience fee shall not exceed four percent of the amount paid for the transaction or a flat fee of $2 per transaction. The clerk may set a lower convenience fee for electronic filing of civil or criminal proceedings pursuant to § 17.1-258.3. Nothing herein shall be construed to prohibit the clerk from outsourcing the processing of credit and debit card transactions to a third-party private vendor engaged by the clerk. Convenience fees shall be used to cover operational expenses as defined in § 17.1-295.
Collection fee/interest All Yes
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Virginia Va. Code Ann. § 19.2-305.1(E) Modification of community supervision after violation
E. Unreasonable failure to execute the plan by the defendant shall result in revocation of the probation or imposition of the suspended sentence. A hearing shall be held in accordance
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with the provisions of this Code relating to revocation of probation or imposition of a suspended sentence before either such action is taken.
Condition or extension of supervision All Yes
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Virginia Va. Code Ann. § 18.2-266.1(B) Community service
B. A violation of this section is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person's license to operate a motor vehicle for a period of one
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year from the date of conviction and (ii) a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service.
Community service Misdemeanor Yes
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Missouri Mo. Ann. Stat. § 302.341
Moving traffic violation, failure to prepay fine or appear in court, license suspended, procedure — reinstatement when — excessive revenue from fines to be distributed to schools — definition, state
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highways

If a Missouri resident charged with a moving traffic violation of this state or any county or municipality of this state fails to dispose of the charges of which the

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resident is accused through authorized prepayment of fine and court costs and fails to appear on the return date or at any subsequent date to which the case has been continued, or without good cause fails to pay any fine or court costs assessed against the resident for any such violation within the period of time specified or in such installments as approved by the court or as otherwise provided by law, any court having jurisdiction over the charges shall within ten days of the failure to comply inform the defendant by ordinary mail at the last address shown on the court records that the court will order the director of revenue to suspend the defendant's driving privileges if the charges are not disposed of and fully paid within thirty days from the date of mailing. Thereafter, if the defendant fails to timely act to dispose of the charges and fully pay any applicable fines and court costs, the court shall notify the director of revenue of such failure and of the pending charges against the defendant. Upon receipt of this notification, the director shall suspend the license of the driver, effective immediately, and provide notice of the suspension to the driver at the last address for the driver shown on the records of the department of revenue. Such suspension shall remain in effect until the court with the subject pending charge requests setting aside the noncompliance suspension pending final disposition, or satisfactory evidence of disposition of pending charges and payment of fine and court costs, if applicable, is furnished to the director by the individual. The filing of financial responsibility with the bureau of safety responsibility, department of revenue, shall not be required as a condition of reinstatement of a driver's license suspended solely under the provisions of this section.

Driver's license suspension/impoundment Traffic Yes
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Missouri Mo. Ann. Stat. § 558.004(4) Imposition of fines

When an offender is sentenced to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If

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no such provision is made a part of the sentence, the fine shall be payable forthwith.

Payment plan/installment plan All Yes
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Washington Wash. Rev. Code Ann. § 10.82.080 Unlawful receipt of public assistance — Deduction from subsequent assistance payments — Restitution payments

(1) When a superior court has, as a condition of the sentence for a person convicted of the unlawful receipt of public assistance, ordered restitution to the state of that

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overpayment or a portion thereof: (a) The department of social and health services shall deduct the overpayment from subsequent assistance payments as provided in RCW 43.20B.630, when the person is receiving public assistance; or (b) Ordered restitution payments may be made at the direction of the court to the clerk of the appropriate county or directly to the department of social and health services when the person is not receiving public assistance.

Wage/bank account garnishment All Yes