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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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
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court that would be collectible under an agreement described in this act.
Wage/bank account garnishment All No
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Michigan Mich. Comp. Laws § 780.766(13) Restitution - lien (juvenile)
An order of restitution is a judgment and lien against all property of the defendant for the amount specified in the order of restitution. The lien may be recorded as
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provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien.
Property liens All No
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Michigan Mich. Comp. Laws § 769.1a(13) Restitution - lien
An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the
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defendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien.
Property liens All Yes
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Michigan Mich. Comp. Laws § 780.826(13) Order of restitution
An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the
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defendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive restitution in the same manner as a judgment in a civil action or a lien.
Property liens Misdemeanor Yes
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Michigan Mich. Comp. Laws § 780.826(15) Offsetting tax refunds
In each case in which payment of restitution is ordered as a condition of probation, the court shall order any employed defendant to make regularly scheduled restitution payments. If the
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defendant misses 2 or more regularly scheduled payments, the court shall order the defendant to execute a wage assignment to pay the restitution. The probation officer assigned to the case shall review the case not less than twice yearly to ensure that restitution is being paid as ordered. If the restitution was ordered to be made within a specific period of time, the probation officer assigned to the case shall review the case at the end of the specific period of time to determine if the restitution has been paid in full. The final review shall be conducted not less than 60 days before the probationary period expires. If the probation officer determines at any review that restitution is not being paid as ordered, the probation officer shall file a written report of the violation with the court on a form prescribed by the state court administrative office or shall petition the court for a probation violation. The report or petition shall include a statement of the amount of the arrearage and any reasons for the arrearage known by the probation officer. The probation officer shall immediately provide a copy of the report or petition to the prosecuting attorney. If a petition or motion is filed or other proceedings are initiated to enforce payment of restitution and the court determines that restitution is not being paid or has not been paid as ordered by the court, the court shall promptly take action necessary to compel compliance.
Wage/bank account garnishment Misdemeanor Yes
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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
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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
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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
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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
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Michigan Mich. Comp. Laws § 324.48740(3) Probation; conditions
If a defendant fails to pay the sums forfeited for a violation of subsection (1), upon conviction, the court shall either impose a sentence of probation, and as a condition
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of sentence require the defendant to satisfy the forfeiture in the amount prescribed and fix the manner and time of payment, or make a written order permitting the defendant to pay the forfeited sums in installments at the times and in the amounts as the court determines the defendant is able to pay.
Misdemeanor Yes
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Michigan Mich. Comp. Laws § 324.40119(7) Illegal killing, possessing, purchasing, or selling of game or protected animals; restitution; value of animal; order; default in payment; collection
(7) If a defendant fails to pay upon conviction the sum ordered by the court to be forfeited, the court shall either impose a sentence and, as a condition of
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the sentence, require the defendant to satisfy the forfeiture in the amount prescribed and fix the manner and time of payment, or make a written order permitting the defendant to pay the sum to be forfeited in installments at those times and in those amounts that, in the opinion of the court, the defendant is able to pay.
Payment plan/installment plan Misdemeanor Yes
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Michigan Mich. Comp. Laws § 324.40119(8) Illegal killing, possessing, purchasing, or selling of game or protected animals; restitution; value of animal; order; default in payment; collection
(8) If a defendant defaults in payment of the sum forfeited or of an installment, the court on motion of the department or upon its own motion may require the
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defendant to show cause why the default should not be treated as a civil contempt, and the court may issue a summons or warrant of arrest for his or her appearance. Unless the defendant shows that the default was not due to an intentional refusal to obey the order of the court or to a failure to make a good-faith effort to obtain the funds required for the payment, the court shall find that the default constitutes a civil contempt.
Payment plan/installment plan Misdemeanor Yes
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Michigan Mich. Comp. Laws § 324.40119(9) Illegal killing, possessing, purchasing, or selling of game or protected animals; restitution; value of animal; order; default in payment; collection
(9) If it appears that the defendant's default in the payment of the forfeiture does not constitute civil contempt, the court may enter an order allowing the defendant additional time
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for payment, reducing the amount of the forfeiture or of each installment, or revoking the forfeiture or the unpaid portion of the forfeiture, in whole or in part.
Payment plan/installment plan Misdemeanor Yes
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Michigan Mich. Comp. Laws § 780.794(13) Restitution by juvenile
An order of restitution is a judgment and lien against all property of the defendant for the amount specified in the order of restitution. The lien may be recorded as
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provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien.
Property liens All No
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Texas Tex. Code Crim. Proc. Art 43.09 (f),(j)-(k) Fine Discharged

(f) A court may require a defendant who is unable to pay a fine or costs to discharge all or part of the fine or costs by performing community service.

(j) A court

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may not order a defendant to perform more than 16 hours per week of community service under Subsection (f) unless the court determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s dependents.

(k) A defendant is considered to have discharged $100 of fines or costs for each eight hours of community service performed under Subsection (f) of this article

Community service All No
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Texas Tex. Code Crim. Proc. art. 42.15(c) Fines and Costs

When imposing a fine and costs in a misdemeanor case, if the court determines that the defendant is unable to immediately pay the fine and costs, the court shall allow

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the defendant to pay the fine and costs in specified portions at designated intervals.

Payment plan/installment plan Misdemeanor Yes
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Texas Tex. Code Crim. Proc. Art. 42A.752(a)-(b) Continuation or Modification of Community Supervision After Violation

(a) If after a hearing under Article 42A.751(d) a judge continues or modifies community supervision after determining that the defendant violated a condition of community supervision, the judge may impose any

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other conditions the judge determines are appropriate, including: (1) a requirement that the defendant perform community service for a number of hours specified by the court under Article 42A.304, or an increase in the number of hours that the defendant has previously been required to perform under that article in an amount not to exceed double the number of hours permitted by that article; (2) an extension of the period of community supervision, in the manner described by Article 42A.753; (3) an increase in the defendant’s fine, in the manner described by Subsection (b); or (4) the placement of the defendant in a substance abuse felony punishment program operated under Section 493.009, Government Code . . . 

(b) A judge may impose a sanction on a defendant described by Subsection (a)(3) by increasing the fine imposed on the defendant. The original fine imposed on the defendant and an increase in the fine imposed under this subsection may not exceed the maximum fine for the offense for which the defendant was sentenced. The judge shall deposit money received from an increase in the defendant’s fine under this subsection in the special fund of the county treasury to be used for the same purposes for which state aid may be used under Chapter 76, Government Code.

Community service, Extension of probation/supervision, Increased fine All No
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Texas Tex. Loc. Gov't Code § 133.103(a) Time Payment fee

A person convicted of an offense shall pay, in addition to all other costs, a fee of $25 if the person:(1) has been convicted of a felony or misdemeanor; and

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(2) pays any part of a fine, court costs, or restitution on or after the 31st day after the date on which a judgment is entered assessing the fine, court costs, or restitution.

Increased fine All Yes
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Texas Tex. Code Crim. Proc. art. 102.072 Administrative Fee

An officer listed in Article 103.003 or a community supervision and corrections department may assess an administrative fee for each transaction made by the officer or department relating to the

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collection of fines, fees, restitution, or other costs imposed by a court.  The fee may not exceed $2 for each transaction.  

Increased fine All No
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Texas Tex. Code Crim. Proc. Art. 43.07 Execution for Fine and Costs

In each case of pecuniary fine, an execution may issue for the fine and costs, though a capias pro fine was issued for the defendant; and a capias pro fine

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may issue for the defendant though an execution was issued against the defendant's property. The execution shall be collected and returned as in civil actions. When the execution has been collected, the defendant shall be at once discharged; and whenever the fine and costs have been legally discharged in any way, the execution shall be returned satisfied.

Property liens All No
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Texas Tex. Code Crim. Proc. Art. 42A.751(a)(8)-(9) Basic Discretionary Conditions

The judge of the court having jurisdiction of the case shall determine the conditions of community supervision. The judge may impose any reasonable condition that is designed to protect or

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restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. Conditions of community supervision may include conditions requiring the defendant to:

(8) pay in one or more amounts: (A) the defendant’s fine, if one is assessed; and (B) all court costs, regardless of whether a fine is assessed;

(9) support the defendant’s dependents

Condition or extension of supervision All No
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Texas Tex. Code Crim. Proc. Art. 42A.751(b),(e) Violation of Conditions of Community Supervision; Detention and Hearing

(b) At any time during the period of community supervision, the judge may issue a warrant for a violation of any condition of community supervision and cause the defendant to be

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arrested. Any supervision officer, police officer, or other officer with the power of arrest may arrest the defendant with or without a warrant on the order of the judge to be noted on the docket of the court. Subject to Subsection (c), a defendant arrested under this subsection may be detained in the county jail or other appropriate place of confinement until the defendant can be taken before the judge for a determination regarding the alleged violation.

(e) A judge may revoke without a hearing the community supervision of a defendant who is imprisoned in a penal institution if the defendant in writing before a court of record or a notary public in the jurisdiction where the defendant is imprisoned

Incarceration All No