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
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Massachusetts Mass. Gen. Laws ch. 276, § 31 Default Warrant for Failure to Pay — Additional Fees — Payment to Court's Administrative Office.

Whenever a court issues a default warrant solely due to the person’s failure to pay a fine, assessment, court cost, restitution, support payment or other amount as ordered by the

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court or required by law, the court shall specify the amount owed, including an additional assessment of $50 which assessment may be waived by the court upon a finding of good cause or upon a finding that such an assessment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents, with a statement that the warrant against the person may be discharged upon payment of the amount and the assessment, if any, and shall note the same in the warrant management system. The administrative office of the trial court shall accept payment of such fine, assessment, court cost, restitution, support payment or other amount as ordered by the court, along with any assessment, to be remitted by mail, telephone or other electronic means, in any form deemed acceptable by the trial court. Upon receipt of payment, the warrant against the person shall be discharged, the discharge shall be noted in the warrant management system and the individual shall receive notice of the discharge within seven days.

Incarceration, Increased fine All Yes
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Massachusetts Mass. Gen. Laws ch. 276, § 32 Default Warrant for Failure to Pay — Additional Fees — Payment of Person Before Court.

Whenever a person, brought before a court, against whom an outstanding warrant was issued, solely due to the failure of the person brought before the court to pay a fine

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assessment, court cost, restitution, support payment, or other amount, the court may accept payment of such amount and assess an additional fifty dollars which assessment may be waived by the court upon a finding of good cause and if the person is not being held on other process, the court may direct that the person be released from custody and shall notify the jurisdiction in which the warrant was issued of the payment and the assessment, if any. Upon notice of the release the court that issued the warrant shall recall the warrant and cause such information to be entered in the warrant management system.

Incarceration, Increased fine All No
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Massachusetts Ma. Dist./Mun. Ct. R. Prob. Violation Rule 8(d) Finding and disposition

After the court has entered a finding that a violation of probation has occurred, the court may order any of the following dispositions set forth below, as it deems appropriate.

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These dispositional alternatives shall be the exclusive options available to the court. The court shall proceed to determine disposition promptly following the entry of a finding of violation. General continuances are prohibited. Awaiting the disposition of an underlying criminal charge shall not constitute such good cause for any continuance. In determining its disposition, the court shall give such weight as it may deem appropriate to the recommendation of the Probation Department, the probationer, and the District Attorney, if any, and to such factors as public safety; the circumstances of any crime for which the probationer was placed on probation; the nature of the probation violation; the occurrence of any previous violations; and the impact of the underlying crime on any person or community, as well as any mitigating factors.

(i) Continuance of Probation. The court may decline to modify or revoke probation and, instead, issue to the probationer such admonition or instruction as it may deem appropriate.

(ii) Termination. The court may terminate the probation order.

(iii) Modification. The court may modify the conditions of probation. Such modification may include the addition of reasonable conditions and the extension of the duration of the probation order.

(iv) Revocation, statement of reasons. The court may order that the order of probation be revoked. If the court orders revocation, it shall state the reasons therefor in writing. 

Condition or extension of supervision All No
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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

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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
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Missouri Mo. Ann. Stat. § 476.120 Punishment for contempt

Punishment for contempt may be by fine or imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court.

Incarceration, Increased fine All No
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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

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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
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Missouri Mo. Const. Art. 1, § 11 Imprisonment for debt

That no person shall be imprisoned for debt, except for nonpayment of fines and penalties imposed by law.

Incarceration All No
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Missouri Mo. Rev. Stat. § 488.5028(1)-(3) Court cost delinquencies, income tax setoff may be requested, procedure

1. If a person fails to pay court costs, fines, fees, or other sums ordered by a court, to be paid to the state or political subdivision, a court may report

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any such delinquencies in excess of twenty-five dollars to the office of state courts administrator and request that the state courts administrator seek a setoff of an income tax refund. The state courts administrator shall set guidelines necessary to effectuate the purpose of the offset program. The office of state courts administrator also shall seek a setoff of any income tax refund and lottery prize payouts made to a person whose name has been reported to the office as being delinquent pursuant to section 221.070.

2. The office of state courts administrator shall provide to: (1) The department of revenue, the information necessary to identify each debtor whose refund is sought to be set off and the amount of the debt or debts owed by any debtor who is entitled to a tax refund in excess of twenty-five dollars and any debtor under section 221.070 who is entitled to a tax refund of any amount; and (2) The state lottery commission, the information necessary to identify each debtor whose lottery prize payouts are sought to be set off and the amount of the debt or debts owed by the debtor under section 221.070.

3. The department of revenue shall notify the office of state courts administrator that a refund has been set off, and the state lottery commission shall notify the office when a lottery prize payout has been set off, on behalf of a court. The department or commission shall certify the amount of such setoff, which shall not exceed the amount of the claimed debt certified. When the refund owed or lottery prize payouts exceed the claimed debt, the department of revenue when a refund is set off, or the state lottery commission when lottery prizes are set off, shall send the excess amount to the debtor within a reasonable time after such excess is determined.

Other, Wage/bank account garnishment All No
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Missouri Mo. Rev. Stat. § 479.356 Failure to pay court costs, fines, or fees, setoff of income tax refund, when

If a person fails to pay court costs, fines, fees, or other sums ordered by a municipal court, to be paid to the state or political subdivision, a municipal court

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may report any such delinquencies in excess of twenty-five dollars to the director of the department of revenue and request that the department seek a setoff of an income tax refund as provided by sections 143.782 to 143.788.

Other All No