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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Mississippi Miss. Code Ann. § 99-19-20 (1) Fines; payment; indigent defendants; inability to work or unavailability of work
When any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments
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to the clerk of said court or to the judge, if there be no clerk, or (c) that payment of the fine be a condition of probation, or (d) that the defendant be required to work on public property for public benefit under the direction of the sheriff for a specific number of hours, or (e) any combination of the above.
Payment plan/installment plan All No
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Mississippi Miss. Code Ann. § 99-37-5(1) Payment and orders
When a defendant is sentenced to pay a fine or costs or ordered to make restitution, the court may order payment to be made forthwith or within a specified period
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of time or in specified installments. If a defendant is sentenced to a term of imprisonment, an order of payment of a fine, costs or restitution shall not be enforceable during the period of imprisonment unless the court expressly finds that the defendant has assets to pay all or part of the amounts ordered at the time of sentencing.
Payment plan/installment plan All No
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Oregon Or. Rev. Stat. § 161.675 Time and method of payment of fines, restitution and costs

(1) When a defendant, as a part of a sentence or as condition of probation or suspension of sentence, is required to pay a sum of money for any purpose, the

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court may order payment to be made immediately or within a specified period of time or in specified installments. If a defendant is sentenced to a term of imprisonment, any part of the sentence that requires the payment of a sum of money for any purpose is enforceable during the period of imprisonment if the court expressly finds that the defendant has assets to pay all or part of the amounts ordered.

(2) When a defendant whose sentence requires the payment of a sum of money for any purpose is also sentenced to probation or imposition or execution of sentence is suspended, the court may make payment of the sum of money a condition of probation or suspension of sentence.

(3) When a defendant is sentenced to probation or imposition or execution of sentence is suspended and the court requires as a part of the sentence or as a condition of the probation or suspension of sentence that the defendant pay a sum of money in installments, the court, or the court clerk or parole and probation officer if so ordered by the court, shall establish a schedule of payments to satisfy the obligation. A schedule of payments shall be reviewed by the court upon motion of the defendant at any time, so long as the obligation remains unsatisfied.

Condition or extension of supervision, Payment plan/installment plan All No
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Oregon Or. Rev. Stat. § 137.106(4) Payment schedule

(a) If a judgment or supplemental judgment described in subsection (1) of this section includes restitution, a court may delay the enforcement of the monetary sanctions, including restitution, only if

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the defendant alleges and establishes to the satisfaction of the court the defendants inability to pay the judgment in full at the time the judgment is entered. If the court finds that the defendant is unable to pay, the court may establish or allow an appropriate supervising authority to establish a payment schedule, taking into consideration the financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant. The supervising authority shall be authorized to modify any payment schedule established under this section.

Payment plan/installment plan All No
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Oregon Or. Rev. Stat. § 137.540(1)(a),(7) Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification

(1) The court may sentence the defendant to probation subject to the following general conditions unless specifically deleted by the court. The probationer shall: (a) Pay supervision fees, fines, restitution

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or other fees ordered by the court.


(7) Failure to abide by all general and special conditions of probation may result in arrest, modification of conditions, revocation of probation or imposition of structured, intermediate sanctions in accordance with rules adopted under ORS 137.595.

Condition or extension of supervision, Incarceration, Payment plan/installment plan All No
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Oregon Or. Rev. Stat. § 135.891(2) Required and permissive elements of diversion agreement; program fee

(2) As a condition of entering into a diversion agreement under ORS 135.881 to 135.901, the defendant must pay a program fee of $100. The court may waive all or

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part of the fee in cases involving indigent defendants, or may provide for payment of the fee on an installment basis. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account. If the fee is collected in a municipal or justice court, $35 of the fee shall be forwarded by the court to the Department of Revenue for deposit in the Criminal Fine Account, and the remainder of the fee shall be paid to the city or county treasurer.

Payment plan/installment plan All No
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Wisconsin Wis. Stat. § 973.20(10)(a) Restitution
(10) (a) The court may require that restitution be paid immediately, within a specified period or in specified installments. If the defendant is placed on probation or sentenced to imprisonment,the
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end of a specified period shall not be later than the end of any period of probation, extended supervision or parole. If the defendant is sentenced to the intensive sanctions program, the end of a specified period shall not be later than the end of the sentence under s. 973.032 (3) (a). (b) The department or the clerk of court may certify an amount owed under par. (a) to the department of revenue if any of the following apply: 1. The court required that restitution be paid immediately and more than 30 days have passed since the order was entered. 2. The court required that restitution be paid within a specified period and more than 30 days have passed since the expiration of that period. 3. The court required that restitution be paid in specified installments and the defendant is delinquent in making any of those payments.
Payment plan/installment plan 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
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defendant 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.
Payment plan/installment plan All No