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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.
30 Results
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(3)(a) | Type and time of payment--defenses--ensuring payment |
In addition to other methods of payment, the court may order one or more of the following in order to satisfy the offender's restitution obligation: (a) forfeiture and sale of + See morethe offender's assets under the provisions of Title 25, chapter 13, part 7, unless the court finds, after notice and an opportunity for the offender to be heard, that the assets are reasonably necessary for the offender to sustain a living or support the offender's dependents or unless the state determines that the cost of forfeiture and sale would outweigh the amount available to the victim after sale. If the proceeds of sale exceed the amount of restitution ordered and the costs of forfeiture and sale, any remaining amount must be returned to the offender
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Property liens | All | No |
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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 + See moreany 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.
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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, + See morepursuant 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.
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Wage/bank account garnishment | All | Yes |
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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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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 + See moreentitled 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.
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Wage/bank account garnishment | All | No |
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Montana | Mont. Code Ann. § 46-18-201(3) | Sentences that may be imposed |
(a) Whenever a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere, a sentencing judge may impose a + See moresentence that may include: (i) a fine as provided by law for the offense; (ii) payment of costs, as provided in 46-18-232, or payment of costs of assigned counsel as provided in 46-8-113... (b) A court may permit a part or all of a fine to be satisfied by a donation of food to a food bank program.
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Community service | All | No |
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Montana | Mont. Code Ann. § 46-18-201(6) | Sentences that may be imposed |
In addition to any of the penalties, restrictions, or conditions imposed pursuant to subsections (1) through (5), the sentencing judge may include the suspension of the license or driving privilege + See moreof the person to be imposed upon the failure to comply with any penalty, restriction, or condition of the sentence. A suspension of the license or driving privilege of the person must be accomplished as provided in 61-5-214 through 61-5-217.
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Driver's license suspension/impoundment | All | No |
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Montana | Mont. Code Ann. § 46-18-601 | Judgment in writing--lien |
(1) The judgment shall be reduced to writing and signed by the judge.
(2) A judgment that the defendant pay a fine or costs constitutes a lien upon the real estate + See moreof the defendant, which lien dates from the date of the defendant's arrest.
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Property liens | All | Yes |
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South Carolina | S.C. Code Ann. § 12-56-50 | Set off of tax refund |
Subject to the limitations contained in this chapter, the department, upon request, shall render assistance in the collection of any delinquent account or debt owing to any claimant agency by + See moresetting off any refunds due the debtor from the department by the sum certified by the claimant agency as delinquent debt.
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Wage/bank account garnishment | All | Yes |
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South Carolina | S.C. Code Ann. § 14-1-202(B) | Compromise of fine |
(B) The clerk of the appropriate court, or county treasurer or municipal treasurer, as appropriate, may compromise any fine, penalty, cost, fee, assessment, surcharge, service charge, restitution, or other amount + See moreimposed by a court or as a direct consequence of a court order to the extent necessary to collect these items. If a clerk or treasurer compromises an amount pursuant to this subsection, the proceeds representing the collected amount must be distributed pro rata to the entities that otherwise would have received the original amount.
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Payment plan/installment plan | All | No |
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South Carolina | S.C. Code Ann. § 14-17-725 | Installment Plan |
Where criminal fines, assessments, or restitution payments are paid through installments, a collection cost charge of three percent of the payment also must be collected by the clerk of court, + See moremagistrate, or municipal court from the defendant and transferred to the county treasurer or city treasurer, as appropriate, for deposit to credit of the county or municipal general fund.
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Payment plan/installment plan | All | No |
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South Carolina | S.C. Code Ann. § 14-25-65(B) | Contempt/civil judgment |
(B) A municipal judge may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay. In addition, + See morea municipal judge may convert any unpaid restitution, fines, costs, fees, surcharges, and assessments to a civil judgment as provided in Section 17-25-323(C).
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Property liens | All | No |
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South Carolina | S.C. Code Ann. § 17-25-323 | Civil judgment and property lien |
(B) When a defendant is placed on probation by the court or parole by the Board of Probation, Parole and Pardon Services, and ordered to make restitution, and the defendant + See moreis in default in the payment of them or any installment or any criminal fines, surcharges, assessments, costs, and fees ordered, the court, before the defendant completes his period of probation or parole, on motion of the victim or the victim's legal representative, the Attorney General, the solicitor, or a probation and parole agent, or upon its own motion, must hold a hearing to require the defendant to show cause why his default should not be treated as a civil judgment and a judgment lien attached. The court must enter:
(1) judgment in favor of the State for the unpaid balance, if any, of any fines, costs, fees, surcharges, or assessments imposed; and
(2) judgment in favor of each person entitled to restitution for the unpaid balance if any restitution is ordered plus reasonable attorney's fees and cost ordered by the court.
(C) When a defendant is ordered to make restitution by a magistrate or municipal court, and the defendant is in default in the payment of restitution or of any installment or any criminal fines, surcharges, assessments, costs, and fees ordered, the magistrate or municipal court, within one year of the imposition of the sentence, on motion of the victim or the victim's legal representative, the Attorney General, the solicitor, or the prosecuting law enforcement agency, or upon its own motion, must hold a hearing to require the defendant to show cause why his default should not be treated as a civil judgment and a judgment lien attached. The magistrate or municipal court must enter:
(1) judgment in favor of the State for the unpaid balance, if any, of any fines, costs, fees, surcharges, or assessments imposed; and
(2) judgment in favor of each person entitled to restitution for the unpaid balance if any restitution is ordered plus reasonable attorney's fees and cost ordered by the court.
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Property liens | All | Yes |
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South Carolina | S.C. Code Ann. § 17-25-325. | Entry of civil judgment |
The sentence and judgment of the court of general sessions in a criminal case against an individual may be enforced in the same manner by execution against the property of + See morethe defendant as is provided by law for enforcing the judgments of the courts of common pleas in civil actions. Before a general sessions court may enter a judgment against a defendant's property as authorized by this section, the judge must make findings of fact as to the amount of the judgment to be entered against the defendant. These findings must be supported by the preponderance of the relevant evidence as is offered by the parties.
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Property liens | All | No |
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South Carolina | S.C. Code Ann. § 17-25-340. | Incarceration |
If the sheriff or his deputy return on oath that such offender refused to pay or has not any property or not sufficient whereon to levy, then a writ of + See morecapias ad satisfaciendum shall issue whereby he shall be committed to the common jail, until the forfeiture, costs and charges shall be satisfied. Such offender shall be entitled, however, to the privilege of insolvent debtors.
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Incarceration | All | Yes |
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South Carolina | S.C. Code Ann. § 17-25-350. | Payment plan |
In any offense carrying a fine or imprisonment, the judge or magistrate hearing the case shall, upon a decision of guilty of the accused being determined and it being established + See morethat he is indigent at that time, set up a reasonable payment schedule for the payment of such fine, taking into consideration the income, dependents and necessities of life of the individual. Such payments shall be made to the magistrate or clerk of court as the case may be until such fine is paid in full.
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Payment plan/installment plan | All | Yes |
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South Carolina | S.C. Code Ann. § 17-25-350. | Contempt/incarceration |
Failure to comply with the payment schedule shall constitute contempt of court; however, imprisonment for contempt may not exceed the amount of time of the original sentence, and where part + See moreof the fine has been paid the imprisonment cannot exceed the remaining pro rata portion of the sentence.
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Incarceration | All | Yes |
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South Carolina | S.C. Code Ann. § 17-25-530. | Civil Action |
(A) Notwithstanding any other provision of law or rule of civil procedure, an eligible person has the right to bring a civil action in a court of competent jurisdiction to + See morerecover money damages from an offender or the legal representative of that offender within three years of the discovery of the existence of any profits from the crime. Damages awarded in this action are recoverable only up to the value of the profits from the crime.
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Property liens | All | No |
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South Carolina | S.C. Code Ann. § 17-25-540 | attachment, injunction, receivership, and notice of pendency |
(B) The office may act on behalf of all eligible persons and may apply for any remedies available to an eligible person bringing an action under Section 17-25-530. These remedies + See moreinclude the right of attachment, injunction, receivership, and notice of pendency. On the motion for a particular remedy, the moving party shall state whether any other remedy has been sought in the same action against the same offender. The court may require the moving party to elect its remedy.
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Property liens | All | No |
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