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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.
36 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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Virginia | Va. Code Ann. § 53.1-45.1 | Work program wage garnishment |
C. The Director shall arrange for compensation for such employment. Wages earned by prisoners shall be paid to the Director who shall deduct from such wages, in the following order + See moreof priority, an amount to:1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court; and
3. Defray a portion of the prisoner's keep.
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Wage/bank account garnishment | All | Yes |
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Virginia | Va. Code Ann. § 53.1-60 | Work release wage garnishment |
C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be + See morepaid to the Director. The Director shall, in accordance with regulations promulgated by the Board, deduct from such wages, in the following order of priority, an amount to:1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court;
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Wage/bank account garnishment | All | Yes |
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Virginia | Va. Code Ann. § 53.1-60.1 | Inmate trust account garnishment |
Upon receipt of a valid court order or judgment against a person confined in a state correctional facility, the Director or his designee shall satisfy, to the extent possible, the + See moreamount required to be paid by the order or judgment from the inmate's trust account. The Director shall promulgate regulations governing the process of collecting funds from inmates to be used for (i) the satisfaction of judgments or orders granting monetary relief or imposing fines or other monetary sanctions or (ii) payment of court costs and fees.
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Wage/bank account garnishment | All | Yes |
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Virginia | Va. Code Ann. § 53.1-127.4 | Driver's license suspension |
No suspension of driving privileges shall be issued by the Department of Motor Vehicles for failure or refusal to provide for immediate payment in full of fees imposed under § + See more53.1-131.3 or for failure to make payments under a deferred or installment payment agreement unless the sheriff or jail superintendent has (i) entered into an agreement with the Department of Motor Vehicles pursuant to § 46.2-320.2, (ii) has obtained a judgment and court order for suspension or nonrenewal issued by a court of competent jurisdiction, and (iii) has provided to the Commissioner of Motor Vehicles electronic notice of such judgment or default and court order and the person's most current mailing address.
The provisions of this section shall apply to all unpaid fees imposed under § 53.1-131.3 provided the sheriff or jail administrator or other entity under a contract pursuant to § 53.1-127.5 informs the person who owes the fees and receives signed certification of understanding at the time the deferred or installment payment agreement is entered into that upon failure or refusal to pay in accordance with the payment agreement the person's privilege to operate a motor vehicle shall be suspended pursuant to the provisions of § 46.2-320.2.
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Driver's license suspension/impoundment | All | Yes |
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Virginia | Va. Code Ann. § 53.1-127.3 | Installment payment agreement |
If a person is unable to pay in full the fees owed to the local correctional facility or regional jail pursuant to § 53.1-131.3, the sheriff or jail superintendent shall + See moreestablish a deferred or installment payment agreement subject to the approval of the general district court. As a condition of every such agreement, a person who enters into a deferred or installment payment agreement shall promptly inform the sheriff or jail superintendent of any change of mailing address during the term of the agreement.
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Payment plan/installment plan | All | Yes |
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Virginia | Va. Code Ann. § 53.1-131 | Work release wage garnishment |
Any wages earned pursuant to this section by an offender may, upon order of the court, be paid to the director or administrator of the program after standard payroll deductions + See morerequired by law. Distribution of such wages shall be made for the following purposes:
1. To pay an amount to defray the cost of his keep;
2. To pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program;
3. To provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance or social services as defined in § 63.2-100; or
4. To pay any fines, restitution or costs as ordered by the court.
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Wage/bank account garnishment | All | No |
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Virginia | Va. Code Ann. § 53.1-131.2(H) | Work release while on home/electronic incarceration program wage garnishment |
H. Any wages earned by an offender or accused assigned to a home/electronic incarceration program and participating in work release shall be paid to the director or administrator after standard + See morepayroll deductions required by law. Distribution of the money collected shall be made in the following order of priority to:
1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court;
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Wage/bank account garnishment | All | Yes |
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Virginia | Va. Code Ann. § 53.1-155.1 | Residential community program wage garnishment |
Any wages earned pursuant to this section by a prisoner may be paid to the director or administrator of the program after standard payroll deductions required by law. Distribution of + See moresuch wages shall be made for the following purposes:
1. To pay an amount to defray the cost of his keep;
2. To pay travel and other such expenses made necessary by his work release, employment, or participation in a residential community program or a community-based program;
3. To provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance as defined in § 63.2-100; or
4. To pay any fines, restitution, or costs as ordered by the court.
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Wage/bank account garnishment | All | No |
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Virginia | Va. Code Ann. § 66-25.1:3(C) | Juvenile work release program wage garnishment |
C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be + See morepaid to the Director. The Director shall, in accordance with regulations promulgated by the Board, deduct from such wages, in the following order of priority, an amount to:
1. Meet the obligation of any judicial or administrative order to provide support, and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution, or costs as ordered by the court; and
3. Pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program.
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Wage/bank account garnishment | All | Yes |
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Virginia | Va. Code Ann. § 19.2-354(A) | Installment Plan |
A. Whenever (i) a defendant, convicted of a traffic infraction or a violation of any criminal law of the Commonwealth or of any political subdivision thereof, or found not innocent + See morein the case of a juvenile, is sentenced to pay a fine, restitution, forfeiture or penalty and (ii) the defendant is unable to make payment of the fine, restitution, forfeiture, or penalty and costs within 30 days of sentencing, the court shall order the defendant to pay such fine, restitution, forfeiture or penalty and any costs which the defendant may be required to pay in deferred payments or installments. The court assessing the fine, restitution, forfeiture, or penalty and costs may authorize the clerk to establish and approve individual deferred or installment payment agreements. Any payment agreement authorized under this section shall be consistent with the Rules of Supreme Court of Virginia, including any required minimum payments or other required conditions. The requirements established by the Rules of Supreme Court of Virginia shall be posted in the clerk's office and on the court's website, if a website is available.
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Payment plan/installment plan | All | Yes |
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Virginia | Va. Code Ann. § 19.2-354(A) | Fee to cover cost of managing installment plan |
If the defendant is unable to make payment within 30 days of sentencing, the court may assess a one-time fee not to exceed $10 to cover the costs of management + See moreof the defendant's account until such account is paid in full. This one-time fee shall not apply to cases in which costs are assessed pursuant to § 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, or 17.1-275.9.
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Collection fee/interest | All | No |
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