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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.
32 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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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. Ann. Stat. § 488.020 | Collection of court costs, when, how |
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.
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Incarceration, Increased fine, Other | 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 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.
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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. Ann. Stat. § 558.006(5) | Response to nonpayment |
Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized for the enforcement of money judgments. |
Incarceration, Property liens, Wage/bank account garnishment | All | No |
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Missouri | Mo. Ann. Stat. § 545.02 | Recovery of fine or forfeiture, how |
Whenever a fine, penalty or forfeiture is or may be inflicted by any statute of this state for any offense, the same may be recovered by indictment or information, notwithstanding another or different remedy for the recovery of the same may be specified in the law imposing the fine, penalty or forfeiture; provided, that in all cases the fine, penalty or forfeiture shall go to the state, county, corporation, person or persons to whom the law imposing the same declares it shall accrue.
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Incarceration, Increased fine | All | No |
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Montana | Mont. Code Ann. § 45-5-205(4) | Negligent vehicular assault--penalty |
If a term of incarceration is imposed under subsection (2) or (3), the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and + See moreof restitution. If the person does not pay the fine or restitution, the term of incarceration may be imposed.
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Incarceration | Misdemeanor, Felony | No |
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Montana | Mont. Code Ann. § 46-8-115 | Effect of Nonpayment |
(1) When a defendant who is sentenced to pay the costs of assigned counsel defaults in payment of the costs or of any installment, the court on motion of the + See moreprosecutor or on its own motion may require the defendant to show cause why the default should not be treated as contempt of court and may issue a show cause citation or an arrest warrant requiring the defendant's appearance.
(2) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make a good faith effort to make the payment, the court may find that the default constitutes civil contempt.
(3) The term of imprisonment for contempt for nonpayment of the costs of assigned counsel must be set forth in the judgment and may not exceed 1 day for each $25 of the payment, 30 days if the order for payment of costs was imposed upon conviction of a misdemeanor, or 1 year in any other case, whichever is the shorter period. A person committed for nonpayment of costs must be given credit toward payment for each day of imprisonment at the rate specified in the judgment.
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Incarceration | Misdemeanor | No |
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Montana | Mont. Code Ann. § 46-17-302(4) | Procedure after trial--Justice's and city courts--Execution of Judgement |
A judgment that the offender pay a fine may also direct that the offender be imprisoned until the fine is satisfied in the proportion of 1 day's imprisonment for every + See more$75 of the fine. When the judgment is rendered, the offender must be held in custody for the time specified in the judgment unless the fine is paid.
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Incarceration | All | No |
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Montana | Mont. Code Ann. § 46-18-208 | Termination of remaining portion of deferred or suspended sentence--petition |
When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor or defendant may file a petition to terminate the time remaining on + See morethe sentence
The court may grant the petition if it finds that...the defendant has paid all restitution and court-ordered financial obligations in full.
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Incarceration | All | No |
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Montana | Mont. Code Ann. § 46-18-233 | Fine or costs as condition on suspended or deferred sentence |
(1) Whenever a defendant is sentenced to pay a fine or costs under 46-18-231 or 46-18-232 and the imposition or execution of the rest of the defendant's sentence is deferred + See moreor suspended, the court may make payment of the fine or costs a condition for probation.
(2) A suspended or deferred sentence may not be revoked if the defendant defaults on the payment of the fine and the default is not attributable to an intentional refusal to obey the order of the court or a failure to make a good faith effort to make the payment.
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Incarceration | All | No |
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Utah | Utah Code Ann. § 76-3-201.1 | Collection of criminal judgments--warrants |
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its + See moreown motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest...(4)(a) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure to make a good faith effort to make the payment, the court may find that the default constitutes contempt. (b) Upon a finding of contempt, the court may order the defendant committed until the criminal judgment account receivable, or a specified part of it, is paid...(5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(d) except as provided in Section 77-18-8[fines issued in addition to imprisonment or in lieu of imprisonment], execute the original sentence of imprisonment
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Incarceration | All | No |
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Utah | Utah Code Ann. § 76-3-201.1 | Collection of criminal judgments--reduce fines |
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its + See moreown motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest...
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Incarceration | All | No |
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Utah | Utah Code Ann. § 77-18-8 | Fine not paid--Commitment |
If a defendant fails to pay the fine and thereafter the court finds that the defendant failed to make a good faith effort to pay the fine, the court may, + See moreafter a hearing, order the execution of the suspended jail or prison sentence. If a defendant is sentenced to pay a fine only or is sentenced to jail or prison and a fine, with neither suspended, he shall not later be committed to jail for failure to pay the fine.
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Incarceration | All | No |
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Utah | Utah Code Ann. § 77-32a-10 | Imprisonment for contempt |
The term of imprisonment for contempt for nonpayment of costs shall be set forth in the commitment order, and shall not exceed one day for each $25 of the costs, + See more30 days if the costs were imposed upon conviction of a misdemeanor, or six months in the case of a felony, whichever is the shorter period. A person committed for nonpayment of costs shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order.
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Incarceration | All | Yes |
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Washington | Wash. Rev. Code Ann. § 9.94B.040(1),(4) | Conversion of fine to community service (for crimes committed before July 1, 2000) |
(1) If an offender violates any condition or requirement of a sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section. (4) If the violation involves failure to pay legal financial obligations, the following provisions apply: (a) The department and the offender may enter into a stipulated agreement that the failure to pay was willful noncompliance, according to the provisions and requirements of subsection (3)(a) of this section; (b) In the absence of a stipulated agreement, or where the court is not satisfied with the department’s sanctions as provided in a stipulated agreement under (a) of this subsection, the court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender’s appearance; (c) The state has the burden of showing noncompliance by a preponderance of the evidence. The court may not sanction the offender for failure to pay legal financial obligations unless the court finds, after a hearing and on the record, that the failure to pay is willful. A failure to pay is willful if the offender has the current ability to pay but refuses to do so. In determining whether the offender has the current ability to pay, the court shall inquire into and consider: (i) The offender’s income and assets; (ii) the offender’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal financial obligations; and (iii) the offender’s bona fide efforts to acquire additional resources. An offender who is indigent as defined by RCW 10.101.010(3) (a) through (c) is presumed to lack the current ability to pay; (d) If the court determines that the offender is homeless or a person who is mentally ill, as defined in RCW 71.24.025, failure to pay a legal financial obligation is not willful noncompliance and shall not subject the offender to penalties; (e) If the court finds that the failure to pay is willful noncompliance, the court may order the offender to be confined for a period not to exceed sixty days for each violation or order one or more of the penalties authorized in subsection (3)(a)(i) of this section; and (f) If the court finds that the violation was not willful, the court may, and if the court finds that the defendant is indigent as defined in RCW 10.101.010(3) (a) through (c), the court shall modify the terms of payment of the legal financial obligations, reduce or waive nonrestitution legal financial obligations, or convert nonrestitution legal financial obligations to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution. The crime victim penalty assessment under RCW 7.68.035 may not be reduced, waived, or converted to community restitution hours.
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Community service, Incarceration, Payment plan/installment plan | All | No |
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Washington | Wash. Rev. Code Ann. § 10.82.030 | Commitment for failure to pay fine and costs — Execution against defendant’s property — Reduction by payment, labor, or confinement |
If any person ordered into custody until the fine and costs adjudged against him or her be paid shall not, within five days, pay, or cause the payment of the same to be made, the clerk of the court shall issue a warrant to the sheriff commanding him or her to imprison such defendant in the county jail until the amount of such fine and costs owing are paid. Execution may at any time issue against the property of the defendant for that portion of such fine and costs not reduced by the application of this section. The amount of such fine and costs owing shall be the whole of such fine and costs reduced by the amount of any portion thereof paid, and an amount established by the county legislative authority for every day the defendant performs labor as provided in RCW 10.82.040, and a lesser amount established by the county legislative authority for every day the defendant does not perform such labor while imprisoned.
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Incarceration | All | No |
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Washington | Wash. Rev. Code Ann. § 9.94B.030 | Post release supervision-violations |
If the offender violates any condition of postrelease supervision, a hearing may be conducted in the same manner as provided in RCW 9.94B.040. Jurisdiction shall be with the court of the county in which the offender was sentenced. However, the court may order a change of venue to the offender’s county of residence or where the violation occurred, for the purpose of holding a violation hearing.
After the hearing, the court may order the offender to be confined for up to sixty days per violation in the county jail. Reimbursement to a city or county for the care of offenders who are detained solely for violating a condition of postrelease supervision shall be under RCW 70.48.440. A county shall be reimbursed for indigent defense costs for offenders who are detained solely for violating a condition of postrelease supervision in accordance with regulations to be promulgated by the office of financial management. An offender may be held in jail at state expense pending the hearing, and any time served while awaiting the hearing shall be credited against confinement imposed for a violation. The court shall retain jurisdiction for the purpose of holding the violation hearing and imposing a sanction. |
Incarceration | All | No |
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Washington | Wash. Rev. Code Ann. § 10.01.180(1),(3)-(5) | Fine or costs — Default in payment — Contempt of court — Enforcement, collection procedures |
(1) A defendant sentenced to pay any fine, penalty, assessment, fee, or costs who willfully defaults in the payment thereof or of any installment is in contempt of court as provided in chapter 7.21 RCW. The court may issue a warrant of arrest for his or her appearance.
(3) (a) The court shall not sanction a defendant for contempt based on failure to pay fines, penalties, assessments, fees, or costs unless the court finds, after a hearing and on the record, that the failure to pay is willful. A failure to pay is willful if the defendant has the current ability to pay but refuses to do so. (b) In determining whether the defendant has the current ability to pay, the court shall inquire into and consider: (i) The defendant’s income and assets; (ii) the defendant’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal financial obligations; and (iii) the defendant’s bona fide efforts to acquire additional resources. A defendant who is indigent as defined by RCW 10.101.010(3) (a) through (c) is presumed to lack the current ability to pay. (c) If the court determines that the defendant is homeless or a person who is mentally ill, as defined in RCW 71.24.025, failure to pay a legal financial obligation is not willful contempt and shall not subject the defendant to penalties. (4) If a term of imprisonment for contempt for nonpayment of any fine, penalty, assessment, fee, or costs is ordered, the term of imprisonment shall be set forth in the commitment order, and shall not exceed one day for each twenty-five dollars of the amount ordered, thirty days if the amount ordered of costs was imposed upon conviction of a violation or misdemeanor, or one year in any other case, whichever is the shorter period. A person committed for nonpayment of any fine, penalty, assessment, fee, or costs shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order. (5) If it appears to the satisfaction of the court that the default in the payment of any fine, penalty, assessment, fee, or costs is not willful contempt, the court may, and if the defendant is indigent as defined in RCW 10.101.010(3) (a) through (c), the court shall enter an order: (a) Allowing the defendant additional time for payment; (b) reducing the amount thereof or of each installment; (c) revoking the fine, penalty, assessment, fee, or costs or the unpaid portion thereof in whole or in part; or (d) converting the unpaid fine, penalty, assessment, fee, or costs to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution. The crime victim penalty assessment under RCW 7.68.035 may not be reduced, revoked, or converted to community restitution hours. |
Incarceration, Payment plan/installment plan | All | No |
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Washington | Wash. Rev. Code Ann. § 10.70.010 | Commitment until fine and costs are paid |
When the defendant is adjudged to pay a fine and costs, the court shall order him or her to be committed to the custody of the sheriff until the fine and costs are paid or secured as provided by law.
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Incarceration | All | Yes |
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