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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.
14 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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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 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 Permission to leave may not be denied or withdrawn solely because the person is not able to pay the application fee or the additional fee.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.
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Condition or extension of supervision | Felony | No |
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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 and imprisonment, or either, and administer oaths.
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Incarceration | All | No |
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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 and imprisonment, or either, and administer oaths.
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Increased fine | All | No |
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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 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.
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Incarceration | 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 a condition of probation an electronic monitoring fee, a substance testing fee or both, as governed by section 1807, subsection 7.
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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, through the Department of Corrections, a supervision fee imposed pursuant to section 1807, subsection 6 for the term of probation.
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Condition or extension of supervision | All | No |
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Wisconsin | Wis. Stat. § 973.07 | Failure to pay fine, fees, surcharges, or costsor to comply with certain community service work. |
If the fine, plus costs, fees, and surcharges imposed under ch. 814, are not paid or community service work under s. 943.017 (3) is not completed as required by the + See moresentence, the defendant may be committed to the county jail until the fine, costs, fees, and surcharges are paid or discharged, or the community service work under s.943.017 (3) is completed, for a period fixed by the court not to
exceed 6 months.
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Incarceration | All | No |
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Wisconsin | Wis. Stat. § 973.05(4)(a) | Fines ("Judgment of unpaid amount by court") |
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:(a) + See moreIssue a judgment for the unpaid amount and direct the clerk to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid amount, the court shall send
to the defendant at his or her last?known address written notification that a civil judgment has been issued for the unpaid fine, surcharge, costs, or fees. The judgment has the same force and effect as judgments docketed under s. 806.10.
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Increased fine | All | No |
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Wisconsin | Wis. Stat. § 973.05(4)(b) | Fines ("Wage/benefits garnishment") |
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following: + See more (b) Issue an order assigning not more than 25 percent of the defendants commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102, and other money due or to be due inthe future to the clerk of circuit court for payment of the unpaid fine, surcharge, costs, or fees. In this paragraph, employer includes the state and its political subdivisions.
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Wage/bank account garnishment | All | No |
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Wisconsin | Wis. Stat. § 973.05(4)(c) | Fines ("Garnishment of lottery winnings") |
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following: + See more (c) Issue an order assigning lottery prizes won by a defendant whose name is on the list supplied to the clerk of circuit court under s. 565.30 (5r) (a), for payment of the unpaid fine, surcharge, costs, or fees.
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Wage/bank account garnishment | All | No |
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Wisconsin | Wis. Stat. § 800.095(1)(a) | Nonpayment of monetary judgment |
(a) Suspension of the defendants operating privilege until the defendant pays the judgment, but not to exceed one year. If the court orders suspension under this paragraph, all of the + See morefollowing apply:
1. The court shall notify the department of transportation of the suspension for failure to pay the judgment. If the defendant pays the judgment, the court shall notify the department of transportation of the payment within 7 days in the form and manner prescribed by the department.
2. The court may order the suspension concurrent or consecutive to any other suspensions or revocations. If the court fails to specify whether the suspension is consecutive or concurrent, the department of transportation shall implement the suspension concurrent
with any other suspensions or revocations.
3. If the judgment remains unpaid at the end of the one?year suspension, the court may not order a further suspension of operating privileges in relation to the outstanding judgment.
3m. If the court terminates the defendants suspension as the result of the defendants agreement to a payment plan or community service and the defendant is later suspended because he or she defaults on that plan or service, the new suspension shall be
reduced by the amount of time that the suspension was served before being terminated by the court.
4. Serving the complete one?year suspension of the defendants operating privilege does not relieve the defendant of the responsibility to pay the judgment.
5. During the period of operating privilege suspension under this paragraph, the defendant may request the court to reconsider the order of suspension based on an inability to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d). The court shall consider the defendants request. If the court determines that the inability to pay the judgment is because of poverty, the court shall withdraw the suspension and grant the defendant further time to pay or withdraw the suspension and order one or
more other sanctions set forth in this subsection, including community service.
6. This paragraph does not apply if the judgment was entered solely for a violation of an ordinance unrelated to the violators operation of a motor vehicle unless the judgment is ordered under ch. 938. Nonmoving traffic offenses, as defined in s. 345.28 (1)(c), are related to the violators operation of a motor vehicle.
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Driver's license suspension/impoundment | All | No |
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Wisconsin | Wis. Stat. § 800.095(1)(b) | Nonpayment of monetary judgment |
(b) 1. That the defendant be imprisoned until the forfeiture, assessments, surcharge, and costs are paid. If the court orders imprisonment under this subdivision, all of the following apply:
a. + See moreThe maximum period of imprisonment shall be 90 days for
any one judgment, and the defendant shall receive credit against
the amount owed at the rate of at least $50 for each day of imprisonment,
including imprisonment following an arrest but prior to
the court making a finding under subd. 2.
b. The court may impose a term of imprisonment under this subdivision that is either concurrent with or consecutive to any other term of imprisonment imposed at the same time or any term of imprisonment imposed by any court.
2. No defendant may be imprisoned under subd. 1. unless the court makes one of the following findings:
a. Either at sentencing or thereafter, that the defendant has the ability to pay the judgment within a reasonable time. If a defendant meets the criteria in s. 814.29 (1) (d), the defendant shall be presumed unable to pay under this subsection and the court shall either suspend or extend payment of the judgment or order community service.
b. The defendant has failed, without good cause, to perform the community service authorized under this subsection or s.800.09.
c. The defendant has failed to attend an indigence hearing offered by the court to provide the defendant with an opportunity to determine whether he or she has the ability to pay the judgment.
d. The defendant has failed, without good cause, to complete an assessment or treatment program related to alcohol or drugs that was ordered in lieu of a monetary forfeiture.
3. a. Except as provided in subd. 3. b., the defendant shall be committed to a jail or a house of correction in the county in which the cause of action arose.
b. The defendant may be committed to the jail in another county within or outside of the state if the other county borders the county in which the cause of action arose, and the monthly expenses charged to the municipality by the other county to imprison the defendant are at least 25 percent less than the monthly expenses charged by the county in which the cause of action arose, and the other county agrees to having the defendant committed to the jail in that county.
c. The defendant shall be eligible for privileges under s.303.08 or a similar program in the other county if committed under subd. 3. b. The municipality shall pay the expenses incurred by the county to imprison the defendant.
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Incarceration | All | No |
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Wisconsin | Wis. Stat. § 800.035(2)(a)(4) | Initial Appearance in Municipal Court |
(2) If a defendant appears in person, all of the following shall occur:(a) The court shall, either orally or in writing, do all of the following: 4. Inform the + See moredefendant that if he or she is unable to pay the forfeiture, costs, fees, or surcharges due to poverty, he or she may request an installment payment, community service, or a stay of the judgment.
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Payment plan/installment plan | All | No |
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Wisconsin | Wis. Stat. § 757.66 | Recovery of legal fees paid for indigent defendants |
Whenever a county or the state has paid for legal representation of an indigent defendant and the county board or the department of justice so requires, the clerk of the + See morecourt where representation for the indigent was appointed shall prepare, sign and record in the office of the register of deeds a certificate stating the name and residence of the indigent beneficiary, the amount paid by the county or the state for his or her legal representation, the date when paid, the court and county in which the case was heard and such other information as the county board directs. If a certificate is recorded within 6 months after payment is made by the county or the state it may, within the time after the recording provided by s. 893.86, commence an action to recover from the indigent defendant, or his or her estate if the action is commenced within the time set for filing claims by creditors, the amount paid by the county or the state for his or her legal representation. In any such action ss. 859.02 and 893.86, so far as applicable, may be pleaded in defense. The claim shall not take precedence over the allowances in ss. 861.31, 861.33 and 861.35. The district attorney or the department of justice, as applicable, shall commence and prosecute all actions and proceedings necessary under this section to make the recovery when it appears that the indigent defendant or his or her estate is able to pay the claim.
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Other | All | Yes |
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