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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New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
If the court finds that the person defaulted on payment of a court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court without good cause and finds
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that the default was willful, the court may, in addition to the action required by paragraph (1) of this subsection a., impose a term of imprisonment or participation in a labor assistance program or enforced community service to achieve the objective of the court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court. These options shall not reduce the amount owed by the person in default. The term of imprisonment or enforced community service or participation in a labor assistance program in such case shall be specified in the order of commitment. It need not be equated with any particular dollar amount but, in the case of a fine it shall not exceed one day for each $50 of the fine nor shall it exceed a period of 90 consecutive days. In no case shall the total period of imprisonment in the case of a disorderly persons offense for both the sentence of imprisonment and for failure to pay a fine exceed six months.
Incarceration All No
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New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
If the court finds that the person defaulted on payment of a court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court without good cause and finds
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that the default was willful, the court may, in addition to the action required by paragraph (1) of this subsection a., impose a term of imprisonment or participation in a labor assistance program or enforced community service to achieve the objective of the court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court. These options shall not reduce the amount owed by the person in default. The term of imprisonment or enforced community service or participation in a labor assistance program in such case shall be specified in the order of commitment. It need not be equated with any particular dollar amount but, in the case of a fine it shall not exceed one day for each $50 of the fine nor shall it exceed a period of 90 consecutive days. In no case shall the total period of imprisonment in the case of a disorderly persons offense for both the sentence of imprisonment and for failure to pay a fine exceed six months.
Incarceration All No
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New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
If the court finds that the person defaulted on payment of a court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court without good cause and finds
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that the default was willful, the court may, in addition to the action required by paragraph (1) of this subsection a., impose a term of imprisonment or participation in a labor assistance program or enforced community service to achieve the objective of the court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court. These options shall not reduce the amount owed by the person in default. The term of imprisonment or enforced community service or participation in a labor assistance program in such case shall be specified in the order of commitment. It need not be equated with any particular dollar amount but, in the case of a fine it shall not exceed one day for each $50 of the fine nor shall it exceed a period of 90 consecutive days. In no case shall the total period of imprisonment in the case of a disorderly persons offense for both the sentence of imprisonment and for failure to pay a fine exceed six months.
Incarceration All No
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New Jersey N.J. Stat. Ann. § 22A:3-6 Imprisonment for failure to pay costs
A person who defaults in the payment of costs assessed against him in accordance with the provisions of section 22A:3-4 of this Title shall be liable to imprisonment in the
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county jail for a period of one day for each dollar of costs imposed.
Incarceration All Yes
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New Jersey N.J. Stat. Ann. § 39:5-36 39:5-36. Incarceration on default of payment of penalty or surcharge; court action upon default on payment of a penalty
he court may incarcerate in the county jail or workhouse of the county where the offense was committed any person upon whom a penalty or surcharge pursuant to subsection f. of section
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1 of P.L.2000, c. 75 (C.39:4-97.2) has been imposed for a violation of any of the provisions of this subtitle where the court finds that the person defaulted on payment of the penalty or surcharge pursuant to subsection f. of section 1 of P.L.2000, c. 75 (C.39:4-97.2) without good cause and that the default was willful. Incarceration ordered under this subsection shall not reduce the amount owed by the person in default. In no case shall such incarceration exceed one day for each $50 of the penalty or surcharge so imposed, nor shall such incarceration exceed a period of 90 consecutive days.
Incarceration All No
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North Dakota N.D. Cent. Code § 12.1-32-05(3) Imposition of fine--Response to nonpayment
3. If the defendant does not pay the fine, or make any required partial payment, the court, upon motion of the prosecuting attorney or on its own motion, may issue
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an order to show cause why the defendant should not be imprisoned for nonpayment. Unless the defendant shows that his default is excusable, the court may sentence him to the following periods of imprisonment for failure to pay a fine:a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty days. b. If the defendant was convicted of a felony, to a period not to exceed six months.
Incarceration All No
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North Dakota N.D. Cent. Code § 12.1-32-05(3) Imposition of fine--Response to nonpayment
If the defendant does not pay the fine, or make any required partial payment, the court, upon motion of the prosecuting attorney or on its own motion, may issue an
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order to show cause why the defendant should not be imprisoned for nonpayment. Unless the defendant shows that his default is excusable, the court may sentence him to the following periods of imprisonment for failure to pay a fine: a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty days. b. If the defendant was convicted of a felony, to a period not to exceed six months.
Incarceration All No
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North Dakota N.D. Cent. Code § 29-27-03 Judgment for imprisonment or as response to nonpayment of fine
If a judgment is for imprisonment, initially or as response to nonpayment of a fine in accordance with section 12.1-32-05, the defendant forthwith must be committed to the custody of
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the proper officer and be detained by that officer until the judgment is complied with.
Incarceration All Yes
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North Dakota N.D. Cent. Code § 40-11-12 Commitment of guilty person for nonpayment of fines or costs
Any person upon whom any fine or costs, or both, has been imposed for violation of a municipal ordinance may, after hearing, be committed upon order of the court to
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jail or other place provided by the municipality for the incarceration of offenders until the fine or costs, or both, are fully paid or discharged by labor as provided in section 40-18-12. The court may not commit a person under this section when the sole reason for the person's nonpayment of fines or costs, or both, is the person's indigence. An order of commitment under this section shall not be for a period in excess of thirty days. As used in this section, “fine” does not include a fee established pursuant to subsection 2 of section 40-05-06.
Incarceration All No
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North Dakota N.D. Cent. Code § 27-10-01.4(1)(b) Remedial sanctions--Punitive sanctions for nonsummary and summary procedure--Past conduct
1. A court may impose one or more of the following remedial sanctions:b. Imprisonment if the contempt of court is of a type included in subdivision b, c, d, e,
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or f of subsection 1 of section 27-10-01.1 (providing that contempt of court includes "Intentional nonpayment of a sum of money ordered by the court to be paid in a case when by law execution cannot be awarded for the collection of the sum") The imprisonment may extend for as long as the contemnor continues the contempt or six months, whichever is shorter.
Incarceration All No