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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Missouri Mo. Ann. Stat. § 559.016(3) Terms of probation - extension

The court may extend a period of probation, however, no more than one extension of any probation may be ordered except that the court may extend the total time on

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probation by one additional year by order of the court if the defendant admits he or she has violated the conditions of his or her probation or is found by the court to have violated the conditions of his or her probation. 

Condition or extension of supervision All No
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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. 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

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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.

 

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. Rev. Stat. § 488.5028(1)-(3) Court cost delinquencies, income tax setoff may be requested, procedure

1. If a person fails to pay court costs, fines, fees, or other sums ordered by a court, to be paid to the state or political subdivision, a court may report

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any such delinquencies in excess of twenty-five dollars to the office of state courts administrator and request that the state courts administrator seek a setoff of an income tax refund. The state courts administrator shall set guidelines necessary to effectuate the purpose of the offset program. The office of state courts administrator also shall seek a setoff of any income tax refund and lottery prize payouts made to a person whose name has been reported to the office as being delinquent pursuant to section 221.070.

2. The office of state courts administrator shall provide to: (1) The department of revenue, the information necessary to identify each debtor whose refund is sought to be set off and the amount of the debt or debts owed by any debtor who is entitled to a tax refund in excess of twenty-five dollars and any debtor under section 221.070 who is entitled to a tax refund of any amount; and (2) The state lottery commission, the information necessary to identify each debtor whose lottery prize payouts are sought to be set off and the amount of the debt or debts owed by the debtor under section 221.070.

3. The department of revenue shall notify the office of state courts administrator that a refund has been set off, and the state lottery commission shall notify the office when a lottery prize payout has been set off, on behalf of a court. The department or commission shall certify the amount of such setoff, which shall not exceed the amount of the claimed debt certified. When the refund owed or lottery prize payouts exceed the claimed debt, the department of revenue when a refund is set off, or the state lottery commission when lottery prizes are set off, shall send the excess amount to the debtor within a reasonable time after such excess is determined.

Other, Wage/bank account garnishment All No
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Missouri Mo. Rev. Stat. § 479.356 Failure to pay court costs, fines, or fees, setoff of income tax refund, when

If a person fails to pay court costs, fines, fees, or other sums ordered by a municipal court, to be paid to the state or political subdivision, a municipal court

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may report any such delinquencies in excess of twenty-five dollars to the director of the department of revenue and request that the department seek a setoff of an income tax refund as provided by sections 143.782 to 143.788.

Other All No
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Oregon Or. Rev. Stat. § 1.005 Credit card transactions for fees, security deposits, fines and other court-imposed obligations; rules

The Chief Justice of the Supreme Court or the presiding judge of any judicial district of this state may establish by rule a program to permit the use of credit

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card transactions as security deposits, fines, assessments, restitution or any other court-imposed monetary obligation arising out of an offense. The program may also provide for the use of credit card transactions to pay for filing fees, response fees, certification fees and any other fees charged by the court. Any rules adopted pursuant to this section may provide for recovery from the person using the credit card of an additional amount reasonably calculated to recover any charge to the court by a credit card company resulting from use of the credit card.

Other All No
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South Dakota S.D. Codified Laws § 32-35-60 Installment payments

A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments

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and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.

Payment plan/installment plan All No
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South Dakota S.D. Codified Laws § 32-35-62 Failure to pay installments--Suspension of licenses.

In the event the judgment debtor referred to in § 32-35-61 fails to pay any installment as specified by such order, then upon notice of such default, the Department of

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Public Safety shall forthwith suspend the license or nonresident's operating privilege and the Department of Revenue shall forthwith suspend the registration of the judgment debtor until such judgment is satisfied, as provided in this chapter.

Driver's license suspension/impoundment All Yes
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South Dakota S.D. Codified Laws § 32-35-52 Suspension of license for failure to pay judgment

The Department of Public Safety upon receipt of a certified copy of a judgment shall forthwith suspend the license and any nonresident's operating privilege and the Department of Revenue shall

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forthwith suspend the registration of any person against whom such judgment was rendered except as provided in §§ 32-35-53 to 32-35-56, inclusive.

Driver's license suspension/impoundment All No
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South Dakota S.D. Codified Laws § 32-35-57 Length of suspension pursuant to Section 32-35-52

A license, registration, and nonresident's operating privilege suspended pursuant to § 32-35-52 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter

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issued in the name of such person, including any such person not previously licensed, unless and until every such judgment is stayed, satisfied in full, or to the extent provided in § 32-35-59, and until the said person gives proof of financial responsibility subject to the exemptions stated in §§ 32-35-54, 32-35-55, and 32-35-61.

Driver's license suspension/impoundment All Yes
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South Dakota S.D. Codified Laws § 216-15-7
Resistance to judicial process as misdemeanorEvery person guilty of any contempt of court by intentional disobedience of any process or order lawfully issued by any court is guilty of a
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Class 2 misdemeanor.

Every person guilty of any contempt of court by intentional disobedience of any process or order lawfully issued by any court is guilty of a Class 2 misdemeanor.

Incarceration All No
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South Dakota S.D. Codified Laws § 223A-27-18.3 Conditions required on probation or suspension of sentence

The conditions of probation imposed pursuant to § 23A-27-12 or 23A-27-13 or the conditions of a suspension of execution imposed pursuant to § 23A-27-18 may provide in addition to any

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other conditions, as an explicit condition of probation, suspended imposition of sentence, or suspended execution of sentence that the defendant:
(1) Pay a fine or perform community service work as directed by the court; or
(2) Receive treatment for chemical dependency at any South Dakota treatment facility accredited pursuant to § 34-20A-27 and reimburse the county for costs of treatment ordered by the court; or
(3) Make restitution pursuant to the provisions of chapter 23A-28.

Condition or extension of supervision All No
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South Dakota S.D. Codified Laws § 223A-27-25.5 Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served

No defendant may be imprisoned or jailed for failure to pay a fine, costs, or restitution or have any suspended prison or jail sentence revoked without a prior hearing. At

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the hearing, the defendant has the burden of proof to establish to the reasonable satisfaction of the magistrate or circuit judge that the defendant did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution.
Failure by the defendant to make such a showing is grounds for being imprisoned or jailed. If the sentence provided for payment of fine or costs only, the term of jail or imprisonment may be no longer than the number of days equal to the total amount of the fine or costs imposed divided by sixty. For purposes of making this computation, any fraction of less than one day shall be dropped from the term of imprisonment. In no event may such imprisonment for failure to pay the fine, costs, and restitution together with all other time served or to be served exceed the maximum allowed by statute.
If the defendant establishes that nonpayment was not willful or that the defendant did make a bona fide effort to pay, the defendant may not be imprisoned or jailed for nonpayment. The magistrate or circuit judge shall consider other alternatives which take into account the state's interest in punishment and deterrence.
The court shall make findings in its decision.

Incarceration 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 § 502b(c) Terms and conditions of parole

(c) A person residing in and participating in programs at a treatment center shall abide by the rules and regulations of the center and may be required to pay such

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costs incident to residents as the Commissioner deems appropriate.

Condition or extension of supervision All No