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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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
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set out.
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
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to 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.
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
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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. § 99-19-20 (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.
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
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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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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
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court 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.
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
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court 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.
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
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make 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.
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
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as much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety. The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person's convictions of any of the following offenses when such conviction has become final: . . . (f) Contempt for failure to pay a fine or fee or to respond to a summons or citation pursuant to a charge of a violation of this title.
Driver's license suspension/impoundment All Yes
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Mississippi Miss. Code. Ann. § 47-1-3 Working out fine, costs, sentence
It is the imperative duty of the board of supervisors in each county in this state to require each convict sentenced to imprisonment in the county jail and the payment
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of a fine and costs, or to imprisonment and payment of costs, or to payment of fine and costs, to work out the sentence on the county convict farm or on the public roads or other public works of the county, or in a contiguous county, as herein provided. But any convict who is sentenced to the payment of a fine and costs and who pays such fine and costs shall thereby be relieved from working out such fine and costs, but the payment in full of such fine and costs shall not relieve such convict from working out the full time of his imprisonment as adjudged in his sentence.
Work program/jail industry program All Yes
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Mississippi Miss. Code Ann. §97-33-1 Miss. Code Ann. §97-33-1
shall be fined in a sum not more than Five Hundred Dollars ($ 500.00); and, unless such fine and costs be immediately paid, shall be imprisoned for any period not
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more than ninety (90) days
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
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less than five nor more than twenty days
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
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so finds
Incarceration Misdemeanor No
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Vermont Vt. Stat. Ann. tit. 13 § 5422(a) Actions to recover profits from a crime

(a)  Notwithstanding any other provision of law, including any statute of limitations, any crime victim shall have the right to bring a civil action in a court of competent jurisdiction to

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recover money damages from a person convicted of that crime, or the legal representative of that convicted person, within three years of the discovery of any profits from the crime. Any damages awarded in such action shall be recoverable only up to the value of the profits of the crime. This section shall not limit the right of a victim to proceed or recover under another cause of action.

(b)  The Attorney General may, within three years of the discovery of any profits from the crime, bring a civil action on behalf of the State to enforce the subrogation rights described in section 5357 of this title.

(c)  If the full value of any profits from the crime has not yet been claimed by either the victim of the crime or the victim's representative, the Attorney General, or both, within three years of the discovery of such profits, then the State may bring a civil action in a court of competent jurisdiction to recover the costs incurred by providing the defendant with counsel, if any, and other costs reasonably incurred or to be incurred in the incarceration of the defendant.

Civil judgment All No
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Vermont Vt. Stat. Ann. tit. 13 § 7173 Mittimus against property of respondent

A mittimus issued by a court for the collection of a penalty, and fine in criminal prosecutions, in the discretion of such court, in addition to the prescribed form, may

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be issued against the goods, chattels, or lands of the respondent in the form in which executions are issued. Such mittimus may be levied upon the goods, chattels, or lands of the respondent, and the same sold in satisfaction thereof as in the sale of personal property or real estate upon execution.

Property liens All No
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Vermont Vt. Stat. Ann. tit. 13 § 7180(4)(b) Remedies for failure to pay fines, costs, surcharges, and penalties

(4)  Contempt. (A) The court may conclude that the defendant is in contempt if the court finds that: (i) the defendant knew or reasonably should have known that he or she

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owed the amount due; (ii) the defendant had the ability to pay all or any portion of the amount due; and (iii) the defendant failed to pay all or any portion of the amount due.

(B) If the court concludes that the defendant is in contempt, the court may: (i) Order payment of the amount due on a specific date. (ii) Assess an additional penalty not to exceed ten percent of the amount due. (iii) Direct that the matter be reported to one or more designated credit bureaus. The Court Administrator or the Court Administrator's designee is authorized to contract with one or more credit bureaus for the purpose of reporting information about unpaid Judicial Bureau judgments. (iv)  Refer to Small Claims Court for the purpose of issuing writs of attachment for property and trustee process pursuant to 12 V.S.A. § 5534. Filing fees shall be waived in such cases. (v) Sentence the defendant to serve a term of imprisonment on furlough to participate in a program supervised by the Department of Corrections pursuant to 28 V.S.A. § 808(a) that provides reparation to the community in the form of supervised work activities. For each day the defendant participates in supervised work activities, the defendant shall be given credit against the amount owed at the hourly rate for minimum wage. A defendant who is determined by the Department of Corrections to be ineligible for the preapproved furlough supervised work program may be ordered by the court to serve a sentence in a correctional facility, in which event the defendant shall be given credit against the amount owed for every day served at a rate determined by the court.

Incarceration, Increased fine, Property liens, Work program/jail industry program All No
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Vermont Vt. Stat. Ann. tit. 28 § 252(b)(7) Condition of probation

(b) When imposing a sentence of probation, the court may, as a condition of probation, require that the offender: (6) Make restitution or reparation to the victim of his or her conduct, or

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to the Victims' Compensation Fund to the extent it has made payment to or on behalf of the victim in accordance with 13 V.S.A. chapter 167, for the damage or injury which was sustained. When restitution or reparation is a condition of the sentence, the court, in accordance with 13 V.S.A. § 7043, shall fix the amount thereof, which shall not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance. (7) Pay a fine authorized in accordance with law.

Condition or extension of supervision All No
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Vermont Vt. Stat. Ann. tit. 13 § 7043(f)(1) Restitution

If not paid at the time of sentencing, restitution may be ordered as a condition of probation, supervised community sentence, furlough, preapproved furlough, or parole if the convicted person is

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sentenced to preapproved furlough, probation, or supervised community sentence, or is sentenced to imprisonment and later placed on parole. A person shall not be placed on probation solely for purposes of paying restitution. An offender may not be charged with a violation of probation, furlough, or parole for nonpayment of a restitution obligation incurred after July 1, 2004.

Condition or extension of supervision All No
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Vermont Vt. Stat. Ann. tit. 23 § 1209a(a)(1)(D) Conditions of reinstatement; alcohol and driving education; screening; therapy programs

(1) In the case of a first suspension, a license or privilege to operate shall be reinstated only: . . . (D) if the person has no pending criminal charges,

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civil citations, or unpaid fines or penalties for a violation under this chapter.

Driver's license suspension/impoundment All Yes