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 Level of offense Mandatory
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Kentucky Ky. Rev. Stat. Ann. § 532.162(2) Order as lien upon earnings; circuit clerk to disburse; fee

(2) The circuit clerk's office shall disburse all collected reimbursement, restitution, and fees to the victim, the Kentucky Claims Commission, or the local government, whichever is appropriate. The clerk shall

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be entitled to collect a fee of two dollars and fifty cents ($2.50) from each account for which a disbursement is made at the time of disbursement. In the event of challenge to a garnishment, the appropriate clerk's office shall not disburse those sums associated with the challenged garnishment until determination by the sentencing court regarding the propriety of the garnishment.

Increased fine All No
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Kentucky Ky. Rev. Stat. Ann. § 532.160(1) Criminal garnishment

(1) If a convicted person is unable to pay all court costs, fees, fines, and other monetary penalties at the time of sentencing, then the sentencing court may, consistent with

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KRS 23A.205, 24A.175, 534.020, and KRS 534.060, issue a criminal garnishment order for all fines under KRS Chapter 534 or KRS 49.480 and for court costs, restitution, and reimbursement charges in this chapter.

Wage/bank account garnishment All No
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Kentucky Ky. Rev. Stat. Ann. § 532.168 Show cause hearing for failure to comply with criminal garnishment order

If a garnishee fails to comply with the terms of the order of criminal garnishment within thirty (30) days after its issuance, the attorney for the Commonwealth may move the

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court to order the garnishee to show cause why he should not be held in contempt. If the court finds that the failure was willful or grossly negligent, the court shall find the garnishee in contempt and shall award reasonable attorney's fees and costs, in addition to any contempt sanction it imposes.

Incarceration All No
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Kentucky Ky. Rev. Stat. Ann. § 532.356(1)(a) Reimbursement and restitution as additional sanctions; ineligibility to operate motor vehicle upon conviction of certain theft, fraud, and organized crime offenses

(1) Upon a person's conviction and sentencing for any nonstatus juvenile offense, moving traffic violation, criminal violation, misdemeanor, or Class D felony offense, and, for the purposes of paragraph (b)

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of this subsection, any Class C felony offense listed in subsection (3) of this section, the court shall impose the following sanctions in addition to any imprisonment, fine, court cost, or community service:
(a) Reimbursement to the state or local government for the person's incarceration, determined by the per person, per diem, expenses of each prisoner incarcerated by the respective local government, times the number of days he has spent or shall spend in confinement, plus any medical services received by the prisoner, less copayments paid by the prisoner. The convicted person's ability to pay all or part of the reimbursement shall be considered by the sentencing court in imposing the sanction

Increased fine All No
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Maine Me. Rev. Stat. tit 15 §1942 Duty of clerks to collect fines and costs or to issue process for collection

Each clerk of court, in default of payment to him of fines, forfeitures and bills of costs, shall issue warrants of distress, or such other process therefor as the court

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finds necessary to enforce the execution of any order, sentence or judgment in behalf of the State, deliver them to the sheriff, or to such constable as the district attorney directs, and enter of record the name of the officer and the time when they are delivered to him.

Other All No
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Maine Me. Rev. Stat. tit 15 §2061 Examination of records of clerks and treasurers by district attorney

District attorneys shall examine the records and files in the offices of clerks and the certificates and accounts in the offices of treasurers, relating to fines, forfeitures and bills of

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costs accruing to their counties; ascertain, so far as practicable, the cause of any delinquencies in paying over the same; and move the court for all necessary orders and processes to enforce the collection thereof.

Other All No
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Maine Me. Rev. Stat. tit 17-A § 1753 Electronic monitoring fee and substance testing fee as conditions of probation

If a court imposes a sentencing alternative authorized under section 1502 that includes a period of probation, upon the request of the Department of Corrections, the court shall attach as

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a condition of probation an electronic monitoring fee, a substance testing fee or both, as governed by section 1807, subsection 7.

Condition or extension of supervision All No
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Maine Me. Rev. Stat. tit 17-A § 1807(2)(B),(K) Conditions of probation

2. Specific conditions of probation authorized.  As a condition of probation, the court in its sentence may require the person to: B. Make restitution pursuant to chapter 69 to each

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victim of the person’s crime, or to the county where the offense is prosecuted if the identity of the victim cannot be ascertained or if the victim voluntarily refuses the restitution. If the court orders as a condition of probation that the person forfeit and pay a specific amount of restitution, that order, as a matter of law, also constitutes the imposition of restitution pursuant to chapter 69 as a sentencing alternative and an additional order regarding restitution is unnecessary;
K. Pay any monetary penalty imposed by the court as part of the sentence.

Condition or extension of supervision All No
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Maine Me. Rev. Stat. tit 17-A § 1752 Supervision fee as condition of probation

If a court imposes a sentencing alternative authorized under section 1502 that includes a period of probation, it must attach as a condition of probation that the convicted individual pay,

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through the Department of Corrections, a supervision fee imposed pursuant to section 1807, subsection 6 for the term of probation.

Condition or extension of supervision All No