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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 § 1751(6)(B)	Assessment of reimbursement fee against prisoners	6. Motion to enforce payment of reimbursement fee. The attorney for the State, the attorney for the county or the court may initiate a motion to enforce payment of a reimbursement + See more fee. Notification for the hearing on the motion must be sent by regular mail to the individual's last known address. If the individual does not appear for the hearing after proper notification has been sent, the court may issue a bench warrant. B. If it appears that the default is excusable, the court may give the offender additional time for payment or may reduce the amount of each installment.	Condition or extension of supervision	All	No
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 Permission to leave may not be denied or withdrawn solely because the person is not able to pay the application fee or the additional fee.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 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 § 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 + See more 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
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	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	Missouri	Mo. Rev. Stat. § 488.020(3)-(4)	Collection of court costs, when, how	The supreme court may provide by rule for imposition of interest on any court costs not paid within thirty days of when due. If any court cost is not paid + See more when due, the following actions may be taken: (3) Upon notification to the party from whom the court cost is due, and upon failure to pay the fee after such notice, the court may inform the office of administration of any delinquencies in excess of twenty-five dollars. Upon receiving such notice, and without further notice by the office of administration to the defaulting party, the office of administration shall deduct the amount of unpaid court costs from any payment by the state to the defaulting party under any provision of law. The office of administration shall transmit the amount set off to the court, and shall send the excess amount to the payee, with a notice that the remainder of the refund was transmitted to the court in satisfaction of all or part of the unpaid court costs. The office of administration and its officials and employees shall not be liable to any person for any action taken in accordance with the requirements of this subdivision. Any proceeding contesting any action taken by a court or the office of administration pursuant to this subdivision shall be brought in the court which certified such unpaid fees to the office of administration, and shall be deemed ancillary to the proceeding for which such unpaid fees were assessed. No appearance, responsive pleading or discovery shall be due from the office of administration in such proceeding except upon order of the court; (4) 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 fee, the court may hold the party in contempt.	Collection fee/interest, Incarceration, Increased fine, Other, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 600.093	Probation, payment for services may be condition	The court may require a defendant to repay all or a part of the value of the legal services rendered by the state public defender system as a condition of + See more probation.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 488.503	Contracting for collection of delinquent court-ordered payments authorized--fees added to amount due	To collect on past-due court-ordered penalties, fines, restitution, sanctions, court costs, including restitution and juvenile monetary assessments, or judgments to the State of Missouri or one of its political subdivisions, + See more any division of the circuit court may contract with public agencies or with private entities operating under a contract with a state agency or the office of state courts administrator. Any fees or costs associated with such collection efforts shall be added to the amount due, but such fees and costs shall not exceed twenty percent of the amount collected.	Collection fee/interest	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 559.100(3)	Circuit courts, power to place on probation or parole--revocation--conditions--restitution	In addition to all other costs and fees allowed by law, each prosecuting attorney or circuit attorney who takes any action to collect restitution shall collect from the person paying + See more restitution an administrative handling cost. The cost shall be twenty-five dollars for restitution of less than one hundred dollars and fifty dollars for restitution of at least one hundred dollars but less than two hundred fifty dollars. For restitution of two hundred fifty dollars or more an additional fee of ten percent of the total restitution shall be assessed, with a maximum fee for administrative handling costs not to exceed seventy-five dollars total.	Collection fee/interest	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 559.105	Restitution may be ordered for tampering and stealing offenses--limitation on release from probation--payment	1. Any person who has been found guilty of or has pled guilty to an offense may be ordered by the court to make restitution to the victim for the + See more victim's losses due to such offense. Restitution pursuant to this section shall include, but not be limited to a victim's reasonable expenses to participate in the prosecution of the crime. 2. No person ordered by the court to pay restitution pursuant to this section shall be released from probation until such restitution is complete. If full restitution is not made within the original term of probation, the court shall order the maximum term of probation allowed for such offense. 3. Any person eligible to be released on parole shall be required, as a condition of parole, to make restitution pursuant to this section. The board of probation and parole shall not release any person from any term of parole for such offense until the person has completed such restitution, or until the maximum term of parole for such offense has been served. 4. The court may set an amount of restitution to be paid by the defendant. Said amount may be taken from the inmate's account at the department of corrections while the defendant is incarcerated. Upon conditional release or parole, if any amount of such court-ordered restitution is unpaid, the payment of the unpaid balance may be collected as a condition of conditional release or parole by the prosecuting attorney or circuit attorney under section 559.100. The prosecuting attorney or circuit attorney may refer any failure to make such restitution as a condition of conditional release or parole to the parole board for enforcement.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Missouri	Mo. Rev. Stat. § 600.089	Parolees to pay for representation, when	If the public defender commission has obtained a judgment against an offender in the custody of the department of corrections, and the offender is later paroled and becomes financially able + See more to pay all or some part of such judgment, he shall be required, as a condition of his continued parole, to pay over to the public defender commission such amounts as he can reasonably pay, either by a single payment or by installments of reasonable amounts, in accordance with the schedule of charges for public defender services prepared pursuant to section 600.090.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-27-18.3	Conditions required on probation or suspension of sentence	The conditions of probation imposed pursuant to § 23A-27-12 or 23A-27-13 or the conditions of a suspension of execution imposed pursuant to § 23A-27-18 may provide in addition to any + See more other conditions, as an explicit condition of probation, suspended imposition of sentence, or suspended execution of sentence that the defendant: (1) Pay a fine or perform community service work as directed by the court; or (2) Receive treatment for chemical dependency at any South Dakota treatment facility accredited pursuant to § 34-20A-27 and reimburse the county for costs of treatment ordered by the court; or (3) Make restitution pursuant to the provisions of chapter 23A-28.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-28-8	Failure to comply as violation of conditions of probation--Modification of plan by court--Contempt	Failure of the defendant to comply with § 23A-28-3 or to comply with the plan of restitution as approved or modified by the court constitutes a violation of the conditions + See more of probation. Without limitation, the court may modify the plan of restitution or extend the period of time for restitution, regardless of whether the defendant is no longer on probation. If the defendant fails to make payment as ordered by the court, the defendant may be held in contempt of the court's order.	Condition or extension of supervision, Extension of probation/supervision, Incarceration, Payment plan/installment plan	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-28-7	Compliance with restitution plan as condition of probation or suspension--Payments to clerk	Compliance with the plan of restitution as approved or modified by the court shall be a condition of the defendant's probation or suspension. Restitution payments shall be made to the + See more office of the clerk unless otherwise ordered by the court.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-16-101	Persons subject to required work	(a) The sentencing court may require the following persons to perform work pursuant to W.S. 7-16-101 through 7-16-104: (i) Persons sentenced to a definite term of imprisonment in the county jail, + See more whether or not a fine is imposed as a part of the sentence; (ii) Persons committed to jail pursuant to W.S. 6-10-105 for refusal to pay a fine or costs; and (iii) Persons for whom work is imposed as a condition of probation pursuant to W.S. 7-13-304(b). (b) No person charged with a crime and awaiting the action of the grand jury or awaiting trial shall be required to perform work pursuant to W.S. 7-16-101 through 7-16-104.	Condition or extension of supervision, Work program/jail industry program	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 6-6-207	Assessment of tax when permanent injunction issues; collection; continuing liability for other penalties	Whenever a permanent injunction issues against any person for maintaining a nuisance or against the owner or agent of any building kept or used for the purposes prohibited by this + See more article, there shall be assessed against the building and the ground upon which it is located and against the person or persons maintaining the nuisance, and the owner or agent of the premises, a tax of three hundred dollars ($300.00). The assessment of the tax shall be made by the assessor of the county in which the nuisance exists and shall be made within three (3) months from the date of granting of the permanent injunction. If the assessor fails or neglects to make the assessment, it shall be made by the sheriff of the county and a return of the assessment shall be made to the county treasurer. The tax may be enforced and collected in the manner prescribed for the collection of taxes under the general revenue laws and shall be a perpetual lien upon all property, both personal and real used for the purpose of maintaining the nuisance. The payment of the tax does not relieve the person or building from any other penalties provided by law and when collected shall be applied and distributed in the manner prescribed by law for the application and distribution of monies arising from the collection of fines and penalties in criminal cases.	Collection fee/interest, Property liens	All	Yes
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-13-421	Restitution as condition of parole	(b) The board shall provide for restitution in the amount determined by the court pursuant to W.S. 7-9-103 unless the board finds the parolee is not reasonably capable of making the payments, + See more in which case the board may modify the amount of restitution to be paid, taking into account the factors enumerated in W.S. 7-9-106. (c) If the parolee fails to pay the restitution as provided by this section the board may: (i) Modify the amount of the restitution; (ii) Repealed By Laws 2011, Ch. 30, § 2. (iii) Revoke the parole.	Condition or extension of supervision, Payment plan/installment plan	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-9-104	Preparation of plan; contents	(a) In any case in which the court has ordered restitution under W.S. 7-9-102, 7-9-113 or 7-13-301, if the sentencing court orders suspended imposition of sentence, suspended sentence or probation, + See more the court shall require that the defendant in cooperation with the probation and parole officer assigned to the defendant, or in the case of unsupervised probation any probation and parole officer or any other person the court directs, promptly prepare a plan of restitution including the name and address of each victim, the amount of restitution determined to be owed to each victim pursuant to W.S. 7-9-103 or 7-9-114 and a schedule of restitution payments. If the defendant is presently unable to make any restitution but there is a reasonable possibility that the defendant may be able to do so at some time during his probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant shall make restitution. In structuring a plan for reimbursement under this section, victim restitution shall be paid in the following order: (i) Pecuniary damages suffered by the victim which have not been paid by insurance or from the crime victim's compensation account; (ii) Payment of other amounts owed by the defendant arising from the case.	Condition or extension of supervision, Payment plan/installment plan	All	No

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