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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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-504(c)(3) Imprisonment
After an investigation that a court considers necessary as to the reasons for the failure or inability to pay a fine, the court: May order that the individual be committed
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to a correctional facility;
Incarceration All No
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-505 Collection of Unpaid Fines and Costs Unpaid and undischarged fines and unpaid costs may be levied, executed on, and collected in the same manner as judgments in civil cases. Property liens All No
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Nebraska Neb. Rev. Stat. § 29-2206(1) Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator’s license.

(1)(a) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender

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to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand committed and be imprisoned in the jail of the proper county until the fines or costs are paid or secured to be paid or the offender is otherwise discharged according to law if the court or magistrate determines that the offender has the financial ability to pay such fines or costs.

Incarceration All No
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Nebraska Neb. Rev. Stat. § 29-2206.01 Fine and costs; payment of installments; violation; penalty

Installments provided for in section 29-2206 shall be paid pursuant to the order entered by the court or magistrate. Any person who fails to comply with the terms of such order shall

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be liable for punishment for contempt, unless such person has the leave of the court or magistrate in regard to such noncompliance or such person requests a hearing pursuant to section 29-2412 and establishes at such hearing that he or she is financially unable to pay.

Incarceration, Increased fine All Yes
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Nebraska Neb. Rev. Stat. § 29-2412 (3) Fine and costs; nonpayment; commutation upon confinement; credit; amount

(1) (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due date

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of such fines or costs, or for failure to comply with the terms of an order pursuant to sections 29-2206 and 29-2206.01, shall be entitled to a hearing on the first regularly scheduled court date following the date of arrest.

(b) If the court or magistrate determines that the person is financially able to pay the fines or costs and the person refuses to pay, the court or magistrate may: (i) Order the person to be confined in the jail of the proper county until the fines or costs are paid or secured to be paid or the person is otherwise discharged pursuant to subsection (4) of this section; or (ii) Enter an order pursuant to subdivision (1)(d) of this section discharging the person of such fines or costs and order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279;

(3) Nothing in this section shall authorize any person to be discharged from imprisonment before the expiration of the time for which he or she may be sentenced to be imprisoned as part of his or her punishment

(4) (a) Any person held in custody for nonpayment of fines or costs or for default on an installment shall be entitled to a credit on the fines, costs, or installment of one hundred fifty dollars for each day so held.

(b) In no case shall a person held in custody for nonpayment of fines or costs be held in such custody for more days than the maximum number to which he or she could have been sentenced if the penalty set by law includes the possibility of confinement.

Community service, Incarceration All No
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Nebraska Neb. Rev. Stat. § 29-2404 Misdemeanor cases; fines and costs; judgment; levy; commitment

In all cases of misdemeanor in which courts or magistrates shall have power to fine any offender, and shall render judgment for such fine, it shall be lawful to issue

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executions for the same, with the costs taxed against the offender, to be levied on the goods and chattels of any such offender, and, for want of the same, upon the body of the offender, who shall, following a determination that the offender has the financial ability to pay such fine pursuant to section 29-2412, be committed to the jail of the proper county until the fine and costs be paid, or secured to be paid, or the offender be otherwise discharged according to law.

Collection fee/interest, Incarceration Misdemeanor Yes
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Nebraska (2)Neb. Rev. Stat. § 28-1011 Violations; liability for expenses

Even if reimbursement for expenses is not ordered under subsection (1) of this section, the defendant shall be liable for all unreimbursed expenses incurred by a public or private agency

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in conjunction with the care, impoundment, seizure, or disposal of an animal. The expenses shall be a lien upon the animal.

Property liens All No
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North Dakota N.D. Cent. Code § 12.1-32-05(3) Imposition of fine--Response to nonpayment
3. If the defendant does not pay the fine, or make any required partial payment, the court, upon motion of the prosecuting attorney or on its own motion, may issue
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an order to show cause why the defendant should not be imprisoned for nonpayment. Unless the defendant shows that his default is excusable, the court may sentence him to the following periods of imprisonment for failure to pay a fine:a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty days. b. If the defendant was convicted of a felony, to a period not to exceed six months.
Incarceration All No
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North Dakota N.D. Cent. Code § 12.1-32-05(3) Imposition of fine--Response to nonpayment
If the defendant does not pay the fine, or make any required partial payment, the court, upon motion of the prosecuting attorney or on its own motion, may issue an
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order to show cause why the defendant should not be imprisoned for nonpayment. Unless the defendant shows that his default is excusable, the court may sentence him to the following periods of imprisonment for failure to pay a fine: a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty days. b. If the defendant was convicted of a felony, to a period not to exceed six months.
Incarceration All No
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North Dakota N.D. Cent. Code § 29-26-22(4) Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement
...A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like
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manner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.
Property liens All No
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North Dakota N.D. Cent. Code § 29-26-22.1 Judgment for fine or costs in criminal cases--Docketing and enforcement
The court may, within ten years of the date of entry of a judgment that imposes a fine or assesses costs against a defendant, order the judgment to be docketed
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by the clerk of court in the judgment docket maintained pursuant to section 28-20-13 in the same manner in which a civil judgment for money is docketed. The docketing of the judgment has the same effect as the docketing of a civil judgment. The docketed judgment may be docketed in any other county in the same manner, it imposes a lien upon the real property owned by the defendant to the same extent, it is subject to the same statute of limitations, and it is enforceable by execution in the same manner as provided for a civil judgment for money.
Property liens All No
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North Dakota N.D. Cent. Code § 29-27-03 Judgment for imprisonment or as response to nonpayment of fine
If a judgment is for imprisonment, initially or as response to nonpayment of a fine in accordance with section 12.1-32-05, the defendant forthwith must be committed to the custody of
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the proper officer and be detained by that officer until the judgment is complied with.
Incarceration All Yes
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North Dakota N.D. Cent. Code § 40-11-12 Commitment of guilty person for nonpayment of fines or costs
Any person upon whom any fine or costs, or both, has been imposed for violation of a municipal ordinance may, after hearing, be committed upon order of the court to
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jail or other place provided by the municipality for the incarceration of offenders until the fine or costs, or both, are fully paid or discharged by labor as provided in section 40-18-12. The court may not commit a person under this section when the sole reason for the person's nonpayment of fines or costs, or both, is the person's indigence. An order of commitment under this section shall not be for a period in excess of thirty days. As used in this section, “fine” does not include a fee established pursuant to subsection 2 of section 40-05-06.
Incarceration All No
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North Dakota N.D. Cent. Code § 27-10-01.4(1)(b) Remedial sanctions--Punitive sanctions for nonsummary and summary procedure--Past conduct
1. A court may impose one or more of the following remedial sanctions:b. Imprisonment if the contempt of court is of a type included in subdivision b, c, d, e,
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or f of subsection 1 of section 27-10-01.1 (providing that contempt of court includes "Intentional nonpayment of a sum of money ordered by the court to be paid in a case when by law execution cannot be awarded for the collection of the sum") The imprisonment may extend for as long as the contemnor continues the contempt or six months, whichever is shorter.
Incarceration All No
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North Dakota N.D. Cent. Code § 29-26-22(4) Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement
A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like
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manner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.
Property liens All No
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North Dakota N.D. Cent. Code § 12.1-32-02.2(4) Repayment of rewards paid by crimestoppers programs--Duties of attorney general--Qualified local programs--Disbursement of moneys collected
A judgment that includes a repayment of reward, either alone or in conjunction with section 29-26-22, may be docketed and thereafter constitutes a lien upon the real estate of the
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defendant in the same manner as a judgment for money rendered in a civil action.
Property liens Felony No
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North Dakota N.D. Cent. Code § 12.1-32-07(2) Supervision of probationer--Conditions of probation--Revocation
If the offender has not paid the full amount of supervision fees and costs before completion or termination of probation, the court may issue an order, after opportunity for hearing,
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to determine the amount of supervision fees and costs that are unpaid. The order may be filed, transcribed, and enforced by the department of corrections and rehabilitation in the same manner as civil judgments rendered by a district court of this state.
Property liens All No