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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Nebraska Neb. Rev. Stat. § 29-2412 (3) Fine and costs; nonpayment; commutation upon confinement; credit; amount

(1) (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due date

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of such fines or costs, or for failure to comply with the terms of an order pursuant to sections 29-2206 and 29-2206.01, shall be entitled to a hearing on the first regularly scheduled court date following the date of arrest.

(b) If the court or magistrate determines that the person is financially able to pay the fines or costs and the person refuses to pay, the court or magistrate may: (i) Order the person to be confined in the jail of the proper county until the fines or costs are paid or secured to be paid or the person is otherwise discharged pursuant to subsection (4) of this section; or (ii) Enter an order pursuant to subdivision (1)(d) of this section discharging the person of such fines or costs and order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279;

(3) Nothing in this section shall authorize any person to be discharged from imprisonment before the expiration of the time for which he or she may be sentenced to be imprisoned as part of his or her punishment

(4) (a) Any person held in custody for nonpayment of fines or costs or for default on an installment shall be entitled to a credit on the fines, costs, or installment of one hundred fifty dollars for each day so held.

(b) In no case shall a person held in custody for nonpayment of fines or costs be held in such custody for more days than the maximum number to which he or she could have been sentenced if the penalty set by law includes the possibility of confinement.

Community service, Incarceration All No
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Nebraska Neb. Rev. Stat. § 29-2262(2)(l)-(m),(s)-(t) Probation; conditions

(2) The court may, as a condition of a sentence of probation, require the offender:
(l) To pay a fine in one or more payments as ordered;
(m) To pay

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for tests to determine the presence of drugs or alcohol, psychological evaluations, offender assessment screens, and rehabilitative services required in the identification, evaluation, and treatment of offenders if such offender has the financial ability to pay for such services;
(s) To make restitution as described in sections 29-2280 and 29-2281; or
(t) To pay for all costs imposed by the court, including court costs and the fees imposed pursuant to section 29-2262.06.

Condition or extension of supervision All No
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Nebraska Neb. Rev. Stat. § 29-2262.06(1),(5) Fees; waiver; when; failure to pay; effect

(1) Except as otherwise provided in this section, whenever a district court or county court sentences an adult offender to probation, the court shall require the probationer to pay a

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one-time administrative enrollment fee and thereafter a monthly probation programming fee.
(5) If a probationer defaults in the payment of monthly probation programming fees or any installment thereof, the court may revoke his or her probation for nonpayment, except that probation shall not be revoked nor shall the offender be imprisoned for such nonpayment if the probationer is financially unable to make the payment, if he or she so states to the court in writing under oath, and if the court so finds after a hearing.

Condition or extension of supervision All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--compulsory service
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
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own 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... (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...(f) except as limited by Subsection (6) [restitution], convert the criminal judgment account receivable or any part of it to compensatory service
Community service All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--extend probation
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
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own 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... (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...start the period of probation anew
Condition or extension of supervision All No
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Utah Utah Code Ann. § 77-32a-6 Payment as condition of probation or suspended sentence
When a defendant sentenced to pay costs is also placed on probation or imposition or execution of sentence is suspended, the court may make payment of costs a condition of
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probation or suspension of sentence.
Condition or extension of supervision All No