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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Montana Mont. Code Ann. § 46-18-244(6) Type and time of payment--defenses--ensuring payment
For a felony offense: (a) during any period that the offender is incarcerated, the department of corrections shall take a percentage, as set by department rule, of any money in
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any account of the defendant administered by the department and use the money to satisfy any existing restitution obligation; (b) at the beginning of any period during which the offender is not incarcerated, the offender shall sign a statement allowing any employer of the offender to garnish up to 25% of the offender's compensation and give the garnished amounts to the department of corrections to be used by the department to satisfy any existing restitution obligation; and (c) during any period that the defendant is on probation or parole, the probation and parole officer shall set a monthly restitution payment amount by dividing the total amount of unpaid restitution by the number of remaining months of probation or parole. The probation and parole officer may adjust the monthly payment up or down by a maximum of 10%, depending on the offender's circumstances.
Wage/bank account garnishment All Yes
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Montana Mont. Code Ann. § 46-18-244(7) Type and time of payment--defenses--ensuring payment
The department of corrections shall give the department of revenue a copy of the order to pay restitution. If full restitution has not been paid, the department of revenue shall,
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pursuant to an agreement made under 46-18-241, intercept any state tax refunds and any federal tax refunds, as provided by law, due the offender and transfer the money to the department of corrections for a felony offense and to the sentencing court for a misdemeanor offense for disbursement to the victim.
Wage/bank account garnishment All Yes
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Montana Mont. Code Ann. § 46-18-237 Garnishment--report by supervising authority
(1) If the department of corrections becomes aware that a person while incarcerated under the legal custody of the department of corrections or a person supervised by the department is
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entitled to receive money from any source, the person's supervising authority may prepare a report... (2) The supervising authority shall provide notice and a copy of the report to the office of victims services in the department of justice and the county attorney for the county in which the person was sentenced, either of whom may submit the report along with a petition for garnishment to the court that sentenced the person. The court may order garnishment of the person's money for the payment of restitution, child support, and per diem costs of incarceration owed by the person. Upon receipt of the petition, the court shall provide a copy of the report to the person, who has 15 days following receipt to file an objection. The court may hold a hearing to consider objections raised by the person. (3) Upon compliance with the provisions of subsections (1) and (2), the court shall determine the amount of restitution, child support, and repayment for per diem costs owed by the person. The court shall order, up to the amount of money available, payment of an amount equal to the restitution owed by the person to the person designated under 46-18-245 to supervise the making of restitution payments, any outstanding child support payments to the department of public health and human services for disbursement to the obligee, and per diem costs owed by the person. All restitution owed by the person must be paid prior to payment of any child support payments. All child support owed by the person must be paid prior to the payment of any per diem costs.
Wage/bank account garnishment All No
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Montana Mont. Code Ann. § 46-18-244(6) Type and time of payment--defenses--ensuring payment
(a) during any period that the offender is incarcerated, the department of corrections shall take a percentage, as set by department rule, of any money in any account of the
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defendant administered by the department and use the money to satisfy any existing restitution obligation; (b) at the beginning of any period during which the offender is not incarcerated, the offender shall sign a statement allowing any employer of the offender to garnish up to 25% of the offender's compensation and give the garnished amounts to the department of corrections to be used by the department to satisfy any existing restitution obligation; and (c) during any period that the defendant is on probation or parole, the probation and parole officer shall set a monthly restitution payment amount by dividing the total amount of unpaid restitution by the number of remaining months of probation or parole. The probation and parole officer may adjust the monthly payment up or down by a maximum of 10%, depending on the offender's circumstances.
Wage/bank account garnishment Felony Yes
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Montana Mont. Code Ann. § 46-18-244(7) Type and time of payment--defenses--ensuring payment
The department of corrections shall give the department of revenue a copy of the order to pay restitution. If full restitution has not been paid, the department of revenue shall,
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pursuant to an agreement made under 46-18-241, intercept any state tax refunds and any federal tax refunds, as provided by law, due the offender and transfer the money to the department of corrections for a felony offense and to the sentencing court for a misdemeanor offense for disbursement to the victim.
Wage/bank account garnishment All Yes
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New Hampshire N.H. Rev. Stat. Ann. § 651:22 Jurisdiction Over and Disposition of Wages and Income

In any criminal case, in addition to such other terms and conditions as may be imposed by the court, a defendant who has received a suspended sentence or who has

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been released under RSA 651:19 may be required by the court to surrender to the department of corrections or other agency designated by the court all or part of his wages or other income, less standard payroll deduction required by law, earned during the time he is not confined under the sentence. The court may direct that, after deducting therefrom the cost of his maintenance while not confined, the balance be applied as needed for restitution payments made to authorized claimants pursuant to RSA 651:62 through 66 and for the support and maintenance of his dependents. Any balance after such applications shall be deposited in a savings account to be released to him or applied as needed for restitution payments or the support of his dependents as the court may order, or applied to the designated cost of room and board at the institution for the period of time during which the inmate is working before the expiration of his sentence. Upon expiration of his sentence the balance remaining shall be paid to him or his order.

Wage/bank account garnishment All No
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New Hampshire N.H. Rev. Stat. Ann. § 651:64(I),(III) Time and Method of Restitution

I. The time and method of restitution payments or performance of restitution services shall be specified by the department of corrections. Monetary restitution may be by lump sum, or by

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periodic installments in any amounts.

III. The department may garnish the offender's wages for the purpose of ensuring payment of victim restitution.

Payment plan/installment plan, Wage/bank account garnishment All No
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New Hampshire N.H. Rev. Stat. § 604-A:9(III) Adequate Representation for Indigent Defendants in Criminal Cases: Repayment

If any repayment ordered pursuant to paragraph I becomes overdue, the court having originally appointed counsel may order any employer of a former defendant to deduct from that person's wages

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or salary the appropriate amount due and to pay such amount to the appropriate department as determined under paragraph I, which shall refund such amount to the state, provided that no money, rights, or credits listed in RSA 512:21 shall be subject to deduction.

Wage/bank account garnishment All No
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Ohio Ohio Rev. Code § 5120.133 Transfer of prisoner’s funds to satisfy judgment; exemptions

(A) The department of rehabilitation and correction, upon receipt of a certified copy of the judgment of a court of record in an action in which a prisoner was a

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party that orders a prisoner to pay a stated obligation, may apply toward payment of the obligation money that belongs to a prisoner and that is in the account kept for the prisoner by the department. The department may transmit the prisoner's funds directly to the court for disbursement or may make payment in another manner as directed by the court. Except as provided in rules adopted under this section, when an amount is received for the prisoner's account, the department shall use it for the payment of the obligation and shall continue using amounts received for the account until the full amount of the obligation has been paid. No proceedings in aid of execution are necessary for the department to take the action required by this section. (B) The department may adopt rules specifying a portion of an inmate's earnings or other receipts that the inmate is allowed to retain to make purchases from the commissary and that may not be used to satisfy an obligation pursuant to division (A) of this section. The rules shall not permit the application or disbursement of funds belonging to an inmate if those funds are exempt from execution, garnishment, attachment, or sale to satisfy a judgment or order pursuant to section 2329.66 of the Revised Code or to any other provision of law.

Wage/bank account garnishment All No
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Ohio Ohio Rev. Code § 2969.27 Deductions from judgment awarded to inmate

If an inmate commences a civil action or appeal against a government entity or employee and is granted a judgment for damages in the civil action or appeal, the court

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shall order that the following be deducted and paid from the award on a pro rata basis before any payment is made to the inmate or the inmate's counsel: (A) Any fine, court costs, or court-ordered restitution imposed upon the inmate for an offense for which the inmate is confined or for any previous offense committed by the inmate; (B) The amount of an award of reparations made under sections 2743.51 to 2743.71 of the Revised Code to a victim of the inmate relative to the offense for which the inmate is confined or any previous offense committed by the inmate; (C) Any other award ordered by a court against the inmate in any other criminal or civil action or proceeding in any court in this state.

Wage/bank account garnishment All Yes
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Ohio Ohio Rev. Code § 2929.18(D)(2)(e) Financial sanctions; restitution; reimbursements.

. . . Once the financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the

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following: (e) The garnishment of the property of the judgment debtor under Chapter 2716. of the Revised Code.

Property liens, Wage/bank account garnishment Felony No
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Ohio Ohio Rev. Code § 2929.18(D)(3) Financial sanctions; restitution; reimbursements

. . . Once the financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the

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following: (3) Obtain an order for the assignment of wages of the judgment debtor under section 1321.33 of the Revised Code.

Wage/bank account garnishment Felony No
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Ohio Ohio Rev. Code § 2929.32(C)(1)(a) Additional fine for certain offenders; collection of fines; crime victims recovery fund

The state may collect the judgment by garnishing, attaching, or otherwise executing against any income, profits, or other real or personal property in which the offender has any right, title,

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or interest, including property acquired after the imposition of the fine, in the same manner as if the judgment had been rendered against the offender and in favor of the state in a civil action. If the fine is imposed pursuant to division (A)(1) of this section, the moneys collected as a result of the garnishment, attachment, or other execution shall be deposited and distributed as described in divisions (B) and (D) of this section. If the fine is not imposed pursuant to division (A)(1) of this section, the moneys collected as a result of the garnishment, attachment, or other execution shall be distributed as otherwise provided by law for the distribution of money paid in satisfaction of a fine.

Wage/bank account garnishment Felony No
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Ohio Ohio Rev. Code § 2929.26(C) Community residential sanction

(C) The court may order that a reasonable portion of the income earned by the offender upon a release pursuant to division (B) of this section be applied to any

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financial sanction imposed under section 2929.28 of the Revised Code.

Wage/bank account garnishment All No