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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.
10 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Nevada | Nev. Rev. Stat. Ann. § 176.305 | Judgment for imprisonment or fine and imprisonment until satisfied: Commitment and detention. |
If the judgment be imprisonment, or a fine and imprisonment until it is satisfied, the defendant must forthwith be committed to the custody of the proper officer, and detained until + See morethe judgment is complied with.
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Incarceration | All | Yes |
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Nevada | Nev. Rev. Stat. Ann. § 176.075 | Rate of imprisonment in default of administrative assessment, fine or forfeiture |
1. Except as otherwise provided in subsection 2, when a person is sentenced to pay a fine or forfeiture without an accompanying sentence of imprisonment, the court may, pursuant to + See moreNRS 62B.420 or 176.064, order that the person be confined in the city or county jail or detention facility for a period of not more than 1 day for each $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied.2. The provisions of this section do not apply to indigent persons.
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Incarceration | All | No |
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Nevada | Nev. Rev. Stat. Ann. § 176.065 | Rate of additional imprisonment in default of administrative assessment, fine or forfeiture |
1. Except as otherwise provided in subsection 2, when a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, the court may, + See morepursuant to NRS 62B.420 or 176.064, order that the person be confined in the state prison, the city or county jail or a detention facility, whichever is designated in the person's sentence of imprisonment, for an additional period of 1 day for each $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied or the maximum term of imprisonment prescribed by law for the offense committed has elapsed, whichever is earlier, but the person's eligibility for parole is governed only by the person's sentence of imprisonment.2. The provisions of this section do not apply to indigent persons.
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Incarceration | All | No |
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Nevada | Nev. Rev. Stat. Ann. § 176.064 (3)(d) | Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver's license; imprisonment |
3. The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, + See moretake any or all of the following actions, in the following order of priority if practicable: . . .
(d) For a delinquent fine or administrative assessment, order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.
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Incarceration | All | No |
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South Dakota | S.D. Codified Laws § 32-23-4.10 | Costs payable to county--Nonpayment punishable by contempt. |
In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime for a violation of § 32-23-1 to remit costs in the amount of fifty dollars to the clerk of courts. The clerk of courts shall forward any amount collected pursuant to this section to the county treasurer for deposit in the county general fund. Failure to remit the amount to the clerk of courts in the time specified by the court is punishable by contempt proceedings.
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Incarceration | All | Yes |
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South Dakota | S.D. Codified Laws § 23A-47-6 | Failure to comply with plan of restitution or of financial obligation constitutes violation of conditions — Modification of plan — Contempt |
Failure of any individual in this system to comply with the plan of restitution or plan for financial obligations as approved or modified by the court constitutes a violation of the conditions within this system. Without limitation, the court may modify the plan of restitution or financial obligation, extend the period of time for restitution or financial obligation, or continue the individual in the administrative financial accountability system. If the individual fails to make payment as ordered by the court, the individual may be held in contempt of the court’s order.
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Incarceration | All | No |
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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 + See moreClass 2 misdemeanor.
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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-27-25.4 | Default in payment of fine or costs and restitution |
If a defendant sentenced to pay a fine, costs, or restitution, defaults in the timely payment thereof, the court may, upon its own motion or upon motion of the state's attorney, require the defendant to show cause why he should not be imprisoned or jailed for nonpayment. The court may issue a warrant of arrest, bench warrant, or order to show cause for the defendant's appearance.
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Incarceration | 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 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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South Dakota | S.D. Codified Laws § 223A-28-8 | Failure to comply as violation of conditions of probation--Modification of plan by court--Contempt |
Failure of the defendant to comply with § 23A-28-3 or to comply with the plan of restitution as approved or modified by the court constitutes a violation of the conditions of probation. Without limitation, the court may modify the plan of restitution or extend the period of time for restitution, regardless of whether the defendant is no longer on probation. If the defendant fails to make payment as ordered by the court, the defendant may be held in contempt of the court's order.
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Condition or extension of supervision, Extension of probation/supervision, Incarceration, Payment plan/installment plan | All | No |
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