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Poverty Penalties and Poverty Traps
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Level of Offense
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.
23 Results
| 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 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.
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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 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.
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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 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.
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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) 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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New Mexico | N.M. Stat. Ann. § § 31-18-15(C) | Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions |
A period of parole shall be imposed only for felony convictions wherein a person is sentenced to imprisonment of more than one year, unless the parties to a proceeding agree that a period of parole should be imposed. If a period of parole is imposed, the court shall include in the judgment and sentence of each person convicted and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978 after the completion of any actual time of imprisonment and authority to require, as a condition of parole, the payment of the costs of parole services and reimbursement to a law enforcement agency or local crime stopper program in accordance with the provisions of that section.
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Condition or extension of supervision | All | No |
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New Mexico | N.M. Stat. Ann. § 31-17-1(B),(H) | Victim restituion |
B. If the trial court exercises either of the sentencing options under Section 31-20-6 NMSA 1978, the court shall require as a condition of probation or parole that the defendant, in cooperation with the probation or parole officer assigned to the defendant, promptly prepare a plan of restitution, including a specific amount of restitution to each victim and a schedule of restitution payments.
H. Failure of the defendant to comply with Subsection B of this section or to comply with the plan of restitution as approved or modified by the court may constitute a violation of the conditions of probation or parole. Without limitation, the court may modify the plan of restitution or extend the period of time for restitution, but not beyond the maximum probation or parole period specified in Section 31-21-10 NMSA 1978. |
Condition or extension of supervision, Incarceration | All | No |
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New Mexico | N.M. Stat. Ann. § 31-17-1 | Victim restitution |
An order requiring an offender to pay restitution, validly entered pursuant to this section, constitutes a judgment and lien against all property of a defendant for the amount the defendant is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property, or for garnishment. A judgment of restitution may be enforced by the state, a victim entitled under the order to receive restitution, a deceased victim's estate or any other beneficiary of the judgment in the same manner as a civil judgment. An order of restitution is enforceable, if valid, pursuant to this section, the Victims of Crime Act or Article 2, Section 24 of the constitution of New Mexico. Nothing in this section shall be construed to limit the ability of a victim to pursue full civil legal remedies.
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Property liens | All | No |
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New Mexico | N.M. Stat. Ann. § 31-20-5.1 | Misdemeanor compliance programs; counties may establish; fees |
As a condition of probation, the district or magistrate court may require the defendant to pay a fee of not less than fifteen dollars ($15.00) nor more than fifty dollars ($50.00) per month to the county for a public probation program for the term of the defendant's probation. Money collected by the county pursuant to this subsection shall be used only to operate the misdemeanor compliance program.
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Condition or extension of supervision | All | No |
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New Mexico | N.M. Stat. Ann. § 31-21-10(G)(1) | Parole authority and procedure |
G. Pursuant to the provisions of Section 31-18-15 NMSA 1978, the board shall require the inmate as a condition of parole: to the adult probation and parole division of the corrections department for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant's payment of the supervised parole costs shall not be waived unless the board holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the board waives the defendant's payment of the supervised parole costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the board and the board shall hold an evidentiary hearing to determine whether the waiver should be rescinded; and
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Condition or extension of supervision | All | No |
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New Mexico | N.M. Stat. Ann. § 33-2-40 | Imprisonment for nonpayment of fine or costs attached to prison sentence; maximum |
All convicts sentenced to the state penitentiary who have a fine or costs or both attached to such sentence shall not be required to serve more than thirty days for such fine or costs.
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Incarceration | All | No |
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New Mexico | N.M. Stat. Ann. § 33-3-11 | Jail for nonpayment of fine |
A. Whenever any person is committed to jail for nonpayment of any fine or costs or both, he shall be credited with eight times the federal hourly minimum wage a day in reduction thereof for each day or portion of a day of incarceration. When the person has remained incarcerated a sufficient length of time to extinguish the fine or cost or both, computed at this rate, or has paid to the sentencing court the amount of the fine or costs or both, remaining after deducting credit allowed by this section and obtaining from the court an order of release from commitment, the officer having the prisoner in custody shall discharge him from custody under commitment.
B. If the person in custody makes an affidavit that he has no property out of which he can pay the fine and costs, either or any part, the prisoner shall not be retained in custody longer than sixty days even though the fine and costs or either exceeds the amount credited toward repayment during those sixty days. The affidavit shall be delivered to the sheriff or jail administrator as defined in Section 4-44-19 NMSA 1978 having custody of the prisoner. |
Incarceration | All | No |
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New Mexico | N.M. Stat. Ann. § 35-6-7 | Magistrate court; drug court fee; monthly remittances |
A. A magistrate court that has an adult drug court program may assess and collect from participants a “drug court fee” of fifty dollars ($50.00) a month. Program fee requirements may be satisfied by community service at the federal minimum wage. Proceeds from the drug court fee shall be deposited in the magistrate drug court fund.
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Community service | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.751(a)(8)-(9) | Basic Discretionary Conditions |
The judge of the court having jurisdiction of the case shall determine the conditions of community supervision. The judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. Conditions of community supervision may include conditions requiring the defendant to:
(8) pay in one or more amounts: (A) the defendant’s fine, if one is assessed; and (B) all court costs, regardless of whether a fine is assessed; (9) support the defendant’s dependents |
Condition or extension of supervision | All | No |
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Texas | Tex. Gov't. Code § 76.015(c) | Reimbursement Fee |
(c) A department may assess a reasonable reimbursement fee of not less than $25 and not more than $60 per month on an individual who participates in a program operated by the department or receives services from the department and who is not paying a monthly reimbursement fee under Article 42A.652, Code of Criminal Procedure.
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Condition or extension of supervision | All | No |
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Texas | Tex. Gov't. Code § 76.017(e) | Treatment Alternative to Incarceration Program |
(e) A department may contract for the provision of treatment services. The department may pay for services only if other adequate public or private sources of payment are not available. A person is responsible for the payment of any treatment program recommended under this section if it is determined that a person referred for treatment is able to pay for the costs of treatment or if the person has insurance that will pay for the treatment. If a person is able to pay for treatment or if the person has insurance that will pay for the treatment, the payment may be made a condition for receiving treatment.
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Condition or extension of supervision | All | No |
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Texas | Tex. Gov't. Code § 103.021 | Additional Fees and Costs in Criminal or Civil Cases: Code of Criminal Procedure |
An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Code of Criminal Procedure if ordered by the court or otherwise required:
(2) cost of electronic monitoring as a condition of release on personal bond (Art. 17.43, Code of Criminal Procedure) ... actual cost; (3-a) costs associated with operating a global positioning monitoring system as a condition of release on bond (Art. 17.49(b)(2), Code of Criminal Procedure) ... actual costs, subject to a determination of indigency; (5) reimbursement to general revenue fund for payments made to victim of an offense as condition of community supervision (Art. 42A.301(17), Code of Criminal Procedure) ... not to exceed $50 for a misdemeanor offense or $100 for a felony offense; (10) additional community supervision fee for certain offenses (Art. 42A.653(a), Code of Criminal Procedure) ... $5 per month; |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 17.43(b) | Home curfew and electronic monitoring as condition |
(b) Cost of monitoring may be assessed as reimbursement fees or ordered paid directly by the defendant as a condition of bond. |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 17.44(c),(e) | Home confinement, electronic monitoring, and drug testing as condition |
(c) The magistrate may revoke the bond and order the defendant arrested if the defendant: (1) violates a condition of home confinement and electronic monitoring; (3) fails to pay the reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered.
(e) The cost of electronic monitoring or testing for controlled substances under this article may be assessed as a reimbursement fee or ordered paid directly by the defendant as a condition of bond. |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 17.441(d) | Conditions requiring motor vehicle ignition interlock |
(d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device. If the magistrate designates an agency under this subsection, in each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a fee to the designated agency in the amount set by the magistrate. The defendant shall pay the initial fee at the time the agency verifies the installation of the device. In each subsequent month during which the defendant is required to pay a fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service. The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost incurred by the designated agency in conducting the verification or providing the monitoring service, as applicable in that county.
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Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42.035(c),(e) | Electronic monitoring; house arrest |
(c) The court may require the defendant to pay to the community supervision and corrections department or the county any reasonable cost incurred because of the defendant's participation in the house arrest program, including the cost of electronic monitoring.
(e) A court may revoke a defendant's participation in an electronic monitoring program and require the defendant to serve the remainder of the defendant's sentence of confinement in county jail if the defendant violates a condition imposed by a court under this article, including a condition requiring the defendant to pay for participating in the program under Subsection (c). |
Condition or extension of supervision | All | No |
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For more information, please visit cjpp.law.harvard.edu.