Poverty Penalties and Poverty Traps

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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.

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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 Hampshire N.H. Rev. Stat. Ann. § 631:2-b Domestic Violence

In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. If the court determines that the defendant

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is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this section shall not be subject to an additional penalty assessment. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15.

Payment plan/installment plan All Yes
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New Hampshire N.H. Rev. Stat. Ann. § 651:64(I),(III) Time and Method of Restitution

I. The time and method of restitution payments or performance of restitution services shall be specified by the department of corrections. Monetary restitution may be by lump sum, or by

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periodic installments in any amounts.

III. The department may garnish the offender's wages for the purpose of ensuring payment of victim restitution.

Payment plan/installment plan, Wage/bank account garnishment All No
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New Hampshire N.H. Rev. Stat. Ann. § 524:6-a(I) Periodic Payment of Judgments

Whenever judgment is rendered against any person in this state, the court in which the judgment is rendered shall either at the time of rendition of the judgment inquire of

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the defendant as to the defendant's ability to pay the judgment in full or, upon petition of the plaintiff after judgment, order the defendant to appear in court for such inquiry. The court may at either time order the defendant to make such periodic payments as the court in its discretion deems appropriate. If the court orders the defendant to make periodic payments at the time of rendition of judgment, the order shall not provide for payments to begin until after the appeal period has expired. Failure to make such periodic payments shall constitute civil contempt of court unless the judge, upon inquiry, finds that the failure was the result of a change in circumstances, or the failure was not intentional or in bad faith, or for other good cause. The court may order the appropriate agencies to make an investigation and recommendation as to the defendant's ability to pay the judgment. The judgment may be enforced against any property of any kind of the debtor, except such income and property as is now exempt from attachment or execution. Unless the parties otherwise agree, after an order for periodic payments has been issued by the court, no writ of execution shall be issued by the court without prior notice to the defendant. II. Any income from a retirement plan or arrangement qualified for tax exemption purposes, as defined by RSA 511:2, XIX, shall be exempt from periodic payments up to the amount of 50 times the minimum hourly wage as established by the Fair Labor Standards Act, per week. If the defendant shares income and expenses with another person with whom he or she lives, and both people receive income from such a retirement plan or arrangement, any income from such a retirement plan or arrangement and belonging to either person shall be exempt from periodic payments up to the amount of 100 times the minimum hourly wage as established by the Fair Labor Standards Act, in total, per week.

Payment plan/installment plan All No
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New Hampshire N.H. Rev. Stat. Ann. § 490:26-a(II-a) Court Fees and Fines; Credit Card Payments

The supreme court may establish by rule an equitable fee of not less than $25 to be added to a fine whenever a court extends the time for the payment

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of the fine. An equitable fee assessed by a court under this paragraph shall be paid prior to or simultaneously with the payment of the fine.

Increased fine, Payment plan/installment plan All No
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New Hampshire NH R CRIM Rule 29(e)(3)(i) Community Service

(3)  In any case where the court finds that the defendant is unable to pay the assessment either on the date the sentence is imposed or later, the court may, if

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otherwise permitted by law: (i) defer or suspend payment of all or part of the assessment or order periodic payment; or (ii) allow the defendant to perform community service, pursuant to a plan submitted to and approved by the court. 

Community service, Payment plan/installment plan All No
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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
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establish 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.
Payment plan/installment plan 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
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in 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.
Payment plan/installment plan All Yes
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Minnesota Minn. Stat. Ann. § 609.101(5)(c) Surcharge on Fines, Assessments; Minimum Fines

The court also may authorize payment of the fine in installments.

Payment plan/installment plan All No