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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.
82 Results
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 (2) | Incarceration |
The defendant may be imprisoned until the fine is paid if the defendant is financially able to pay a fine and the court so finds, subject to the limitations hereinafter + See moreset out.
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Incarceration | All | No |
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Mississippi | Miss. Code Ann. § 63-1-53 (1) | Driver's license suspension |
Upon failure of any person to respond timely and properly to a summons or citation charging such person with any violation of this title, or upon failure of any person + See moreto pay timely any fine, fee or assessment levied as a result of any violation of this title, the clerk of the court shall give written notice to such person by United States first-class mail at his last known address advising such person that, if within ten (10) days after such notice is deposited in the mail, the person has not properly responded to the summons or citation or has not paid the entire amount of all fines, fees and assessments levied, then the court will give notice thereof to the Commissioner of Public Safety and the commissioner may suspend the driver's license of such person.
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Driver's license suspension/impoundment | Traffic | No |
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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 + See moreto 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.
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Payment plan/installment plan | All | No |
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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 + See moreto 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.
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Work program/jail industry program | 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 + See moreof 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.
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Payment plan/installment plan | All | No |
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Mississippi | Miss. Code Ann. § 99-37-5(2) | Payment and orders |
(2) When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the + See morecourt may make payment of the fine or costs or the making of restitution a condition of probation or suspension of sentence. Such offenders shall make restitution payments directly to the victim. As an alternative to a contempt proceeding under Sections 99-37-7 through 99-37-13, the intentional refusal to obey the restitution order or a failure by a defendant to make a good faith effort to make such restitution may be considered a violation of the defendant's probation and may be cause for revocation of his probation or suspension of sentence.
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Incarceration | All | No |
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Mississippi | Miss. Code Ann. § 99-37-5(2) | Payment and orders |
(2) When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the + See morecourt may make payment of the fine or costs or the making of restitution a condition of probation or suspension of sentence. Such offenders shall make restitution payments directly to the victim. As an alternative to a contempt proceeding under Sections 99-37-7 through 99-37-13, the intentional refusal to obey the restitution order or a failure by a defendant to make a good faith effort to make such restitution may be considered a violation of the defendant's probation and may be cause for revocation of his probation or suspension of sentence.
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Condition or extension of supervision | All | No |
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Mississippi | Miss. Code Ann. § 99-37-7(2) | Contempt for default |
(2) Unless the defendant shows that his default was not attributable to an intentional refusal to obey the order of the court or to a failure on his part to + See moremake a good faith effort to make the payment, the court may find that his default constitutes contempt and may order him committed until the fine or the restitution, or a specified part thereof, is paid.
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Incarceration | All | No |
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Mississippi | Miss. Code. Ann. § 63-1-51 | Grounds for revocation or suspension |
It shall be the duty of the court clerk, upon conviction of any person holding a license issued pursuant to this article where the penalty for a traffic violation is + See moreas much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety. The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person's convictions of any of the following offenses when such conviction has become final: . . . (f) Contempt for failure to pay a fine or fee or to respond to a summons or citation pursuant to a charge of a violation of this title.
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Driver's license suspension/impoundment | All | Yes |
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Mississippi | Miss. Code. Ann. § 47-1-3 | Working out fine, costs, sentence |
It is the imperative duty of the board of supervisors in each county in this state to require each convict sentenced to imprisonment in the county jail and the payment + See moreof a fine and costs, or to imprisonment and payment of costs, or to payment of fine and costs, to work out the sentence on the county convict farm or on the public roads or other public works of the county, or in a contiguous county, as herein provided. But any convict who is sentenced to the payment of a fine and costs and who pays such fine and costs shall thereby be relieved from working out such fine and costs, but the payment in full of such fine and costs shall not relieve such convict from working out the full time of his imprisonment as adjudged in his sentence.
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Work program/jail industry program | All | Yes |
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Mississippi | Miss. Code Ann. §97-33-1 | Miss. Code Ann. §97-33-1 |
shall be fined in a sum not more than Five Hundred Dollars ($ 500.00); and, unless such fine and costs be immediately paid, shall be imprisoned for any period not + See moremore than ninety (90) days
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Incarceration | Misdemeanor | Yes |
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Mississippi | Miss. Code Ann. §97-33-11 | Miss. Code Ann. §97-33-11 |
shall be fined in a sum not more than five hundred dollars; and unless such fine and costs be immediately paid, shall be imprisoned in the county jail for not + See moreless than five nor more than twenty days
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Incarceration | Misdemeanor | Yes |
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Mississippi | Miss. Code Ann. §97-35-41 | Miss. Code Ann. §97-35-41 | in addition to being committed to jail is herein provided, such person shall also pay all costs, and shall stand committed until same is paid | Incarceration | Misdemeanor | Yes |
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Mississippi | Miss. Code Ann. §47-7-49 (2) | Miss. Code Ann. §47-7-49 (2) |
The offender may be imprisoned until the payments are made if the offender is financially able to make the payments and the court in the county where the offender resides + See moreso finds
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Incarceration | Misdemeanor | 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 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 the defendant to pay the fine and costs in specified portions at designated intervals.
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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 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 (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.
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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 collection of fines, fees, restitution, or other costs imposed by a court. The fee may not exceed $2 for each transaction.
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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 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.
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Property liens | All | No |
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For more information, please visit cjpp.law.harvard.edu.