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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
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A § 1807(8)	Conditions of probation	8. Condition of probation that includes staying within jurisdiction of court; application fee; use of fees. Whenever the court requires as a condition of probation that the person remain within the + See more jurisdiction of the court, unless permission to leave temporarily is granted in writing by the person's probation officer, the Department of Corrections may impose on a person applying for such permission an application fee of $25. The department may impose on a person an additional fee of $25 per month if permission is sought and granted to leave the jurisdiction of the court on a periodic basis. Permission to leave may not be denied or withdrawn solely because the person is not able to pay the application fee or the additional fee. When a person fails to pay a fee imposed under this subsection, the department may refuse to process the application or may withdraw permission to leave if the failure to pay is attributable to the person's willful refusal to pay or to a failure on the person's part to make a good faith effort to obtain the funds required for the payment.	Condition or extension of supervision	Felony	No
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 4 § 7	General jurisdiction; control of records	The Supreme Judicial Court may exercise its jurisdiction according to the common law not inconsistent with the Constitution or any statute, and may punish contempts against its authority by fine + See more and imprisonment, or either, and administer oaths.	Incarceration	All	No
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 4 § 7	General jurisdiction; control of records	The Supreme Judicial Court may exercise its jurisdiction according to the common law not inconsistent with the Constitution or any statute, and may punish contempts against its authority by fine + See more and imprisonment, or either, and administer oaths.	Increased fine	All	No
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A § 1854(2)(A)	Requirements of administrative release	2. Discretionary requirements. In addition to the requirements in subsection 1, the court in its sentence may require the person: A. To pay to the appropriate county an administrative supervision fee of not + See more more than $50 per month, as determined by the court, for the term of the administrative release. In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. When a person fails to pay the administrative supervision fee, the court may revoke administrative release as provided in sections 1855 and 1856 unless the person shows that failure to pay was not attributable to a willful refusal to pay or to a failure on that person's part to make a good faith effort to obtain the funds required for the payment.	Incarceration	All	No
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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, + See more 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
Add to Dashboard + Create New	Michigan	Mich. Comp. Laws § 769.3(2)	Conditional sentence - installments	(2) Except for a person who is convicted of criminal sexual conduct in the first or third degree, the court may also place the offender on probation with the condition + See more that the offender pay a fine, costs, damages, restitution, or any combination in installments with any limited time and may, upon default in any of those payments, impose sentence as provided by law.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Michigan	Mich. Comp. Laws § 600.4803	Failure to pay as subject to late penalty	A person who fails to pay a penalty, fee, or costs in full within 56 days after that amount is due and owing is subject to a late penalty equal + See more to 20% of the amount owed. The court shall inform a person subject to a penalty, fee, or costs that the late penalty will be applied to any amount that continues to be unpaid 56 days after the amount is due and owing. . . . A late penalty may be waived by the court upon the request of the person subject to the late penalty.	Collection fee/interest	All	No
Add to Dashboard + Create New	Michigan	Mich. Comp. Laws § 12.136	Collection Services to the Courts: Offsetting tax refunds or other payments; order of priority	The department, pursuant to its statutory and common law authority, may offset tax refunds or other payments due from the state to a person who owes a debt to a + See more court that would be collectible under an agreement described in this act.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Michigan	Mich. Comp. Laws § 771.3(2)	Restitution by defendant convicted of misdemeanor	As a condition of probation, the court may require the probationer to do 1 or more of the following: . . . (b) Pay immediately or within the period of + See more his or her probation a fine imposed when placed on probation. (c) Pay costs pursuant to subsection (5). (d) Pay any assessment ordered by the court other than an assessment described in subsection (1)(f). . . . (f) Agree to pay by wage assignment any restitution, assessment, fine, or cost imposed by the court.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Michigan	Mich. Comp. Laws § 257.907(11)	Restitution by defendant convicted of misdemeanor	If a person fails to comply with an order or judgment issued under this section within the time prescribed by the court, the driver's license of that person shall be + See more suspended under section 321a until full compliance with that order or judgment occurs. In addition to this suspension, the court may also proceed under section 908.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 10A, § 1-4-701B	Reimbursements and costs by parents able to pay	The court may order the terms and conditions of the payment of costs and expenses described in subsection A of this section. When any parent is financially able but has + See more willfully failed to pay the costs and reimbursements as ordered by the court pursuant to this section, the parent may be held in indirect contempt of court and, upon conviction, shall be punished pursuant to Section 566 of Title 21 of the Oklahoma Statutes.	Increased fine	All	No
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 22, § 979a	Payment of jail costs by inmate	The sheriff, municipality or other public entity responsible for the operation of the jail may collect costs of incarceration ordered by the court from the jail account of the inmate. + See more If the funds collected from the jail account of the inmate are insufficient to satisfy the actual incarceration costs ordered by the court, the sheriff, municipality or other public entity responsible for the operation of the jail is authorized to collect the remaining balance of the incarceration costs by civil action.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Oklahoma	22 Okl.St.Ann. § 456A	Bench warrant, fee for issuance of	For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge + See more and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.	Collection fee/interest	All	Yes
Add to Dashboard + Create New	Oklahoma	22 Okl.St.Ann. § 966A	Bench warrant, fee for issuance of	For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge + See more and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.	Collection fee/interest	All	Yes
Add to Dashboard + Create New	Oklahoma	22 Okl.St.Ann. § 983A	Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments	Any defendant found guilty of an offense in any court of this state may be imprisoned for nonpayment of the fine, cost, fee, or assessment when the trial court finds + See more after notice and hearing that the defendant is financially able but refuses or neglects to pay the fine, cost, fee, or assessment. A sentence to pay a fine, cost, fee, or assessment may be converted into a jail sentence only after a hearing and a judicial determination, memorialized of record, that the defendant is able to satisfy the fine, cost, fee, or assessment by payment, but refuses or neglects so to do.	Incarceration	All	No
Add to Dashboard + Create New	Oklahoma	22 Okl.St.Ann. § 983B	Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments	After a judicial determination that the defendant is able to pay the fine, cost, fee, or assessment in installments, the court may order the fine, cost, fee, or assessment to + See more be paid in installments and shall set the amount and date for each installment.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Oklahoma	22 Okl.St.Ann. § 983C	Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments	In addition, the district court or municipal court, within one hundred twenty (120) days from the date upon which the person was originally ordered to make payment, may send notice + See more of nonpayment of any court ordered fine and costs for a moving traffic violation to the Department of Public Safety with a recommendation of suspension of driving privileges of the defendant until the total amount of any fine and costs has been paid. Upon receipt of payment of the total amount of the fine and costs for the moving traffic violation, the court shall send notice thereof to the Department, if a nonpayment notice was sent as provided for in this subsection. Notices sent to the Department shall be on forms or by a method approved by the Department.	Driver's license suspension/impoundment	Traffic	No
Add to Dashboard + Create New	Oklahoma	11 Okl.St.Ann. § 14-111	Enforcement and penalties for violation of municipal ordinances	The governing body may provide that any person fined for violation of a municipal ordinance who is financially able but refuses or neglects to pay the fine or costs may + See more be compelled to satisfy the amount owed by working on the streets, alleys, avenues, areas, and public grounds of the municipality, subject to the direction of the street commissioner or other proper officer, at a rate per day as the governing body may prescribe by ordinance, but not less than Fifty Dollars ($50.00) per day for useful labor, until the fine or costs are satisfied.	Work program/jail industry program	Misdemeanor	No
Add to Dashboard + Create New	Oklahoma	11 Okl.St.Ann. § 28-124	Imprisonment for nonpayment of fine and costs--Persons unable to pay	Any person who shall be convicted in the municipal criminal court of record of a violation of any ordinance of the city and sentenced to pay a fine and costs, + See more who is financially able but refuses or neglects to pay such fine and costs, shall be imprisoned in the jail, farm or workhouse of the city, in the discretion of the court, for one (1) day for each Twenty-five Dollars ($25.00) of the fine and cost assessed or one (1) day for each Fifty Dollars ($50.00) of the fine and cost assessed if the person performs useful labor. If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court in the county where the situs of the municipal government is located where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. Thereupon, the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.	Work program/jail industry program	Misdemeanor	No

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