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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.
56 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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South Carolina | S.C. Code Ann. § 16-3-1260(6) | Restitution payment wage garnishment |
(6) Restitution payments to the State Office of Victim Assistance may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to + See morethis article, except that offenders' wages must not be used for this purpose if monthly wages are at or below minimums required to purchase basic necessities.
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Wage/bank account garnishment | All | No |
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South Carolina | S.C. Code Ann. § 17-3-40(B) | Lien against real or personal property |
(A) The appointment of counsel, as hereinbefore provided, creates a claim against the assets and estate of the person who is provided counsel in an amount equal to the costs + See moreof representation as determined pursuant to Sections 17-3-50 and 17-3-80, less that amount that the person pays to the defender corporation of the county or counties wherein he is being represented or the judicial department as provided for in Section 17-3-30.
(B) Such claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least thirty days' notice that judgment will be entered. When a claim is reduced to judgment, it shall have the same effect as judgments, except as modified by this chapter.
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Property liens | All | No |
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South Carolina | S.C. Code Ann. § 17-3-45(E) | Lien against real or personal property |
(E) The appointment of counsel creates a claim against the assets and estate of the person who is provided counsel or the parents or legal guardians of a juvenile in + See morean amount equal to the costs of representation as determined by a voucher submitted by the appointed counsel and approved by the court, less that amount that the person pays either to the appointed counsel or defender corporation of the county or counties where he is represented or to the Office of Indigent Defense. The claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least thirty days' notice that judgment will be entered. When a claim is reduced to judgment, it shall have the same effect as judgments, except as modified by this chapter.
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Property liens | All | No |
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South Carolina | S.C. Code Ann. § 17-22-110 | Intervention program payment plan |
An applicant to an intervention program or an offender who applies to the chief administrative judge of the court of general sessions for admission to a program pursuant to Section + See more17-22-100 shall pay a nonrefundable application fee of one hundred dollars and, if accepted into the program, a nonrefundable participation fee of two hundred fifty dollars prior to admission. All fees paid must be deposited into a special circuit solicitor's fund for operation of the pretrial intervention program. All fees or costs of supervision may be waived partially or totally by the solicitor in cases of indigency. The solicitor may also, if he determines necessary, in situations other than indigency allow scheduling of payments in lieu of lump sum payment. In no case shall aggregate fees for application and participation in an intervention program exceed three hundred fifty dollars. However, in cases where the solicitor determines that referral to another agency or program is needed to achieve rehabilitation for a problem directly related to the charge, the defendant may be required to pay his participation in that special program, except that no services may be denied due to inability to pay.
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Payment plan/installment plan | All | No |
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South Carolina | S.C. Code Ann. § 24-21-480 | Payment as condition of suspended sentence | Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence. | Condition or extension of supervision | All | No |
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South Carolina | S.C. Code Ann. § 16-11-700(C)(3) | Public service in lieu of payment |
(3) The court, instead of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor or other form of public + See moreservice, under the supervision of the court, as it may order because of physical or other incapacities not to exceed one hour for each five dollars of fine imposed.
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Community service | Misdemeanor | No |
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South Carolina | S.C. Code Ann. § 16-11-760(B) | Lien against vehicle |
(B) A vehicle found parked on private property may be towed and stored at the expense of the registered owner or lienholder, and charges for towing, storing, preserving the vehicle, + See moreand expenses incurred if the owner and lienholder are notified pursuant to Section 29-15-10 constitute a lien against the vehicle, provided that the towing company makes notification to the law enforcement agency pursuant to Section 56-5-2525.
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Property liens | Misdemeanor | Yes |
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South Carolina | S.C. Code Ann. § 16-19-100 | Incarceration |
Upon conviction of any person under any of the provisions of Sections 16-19-40, 16-19-50 or 16-19-90, the court before whom such conviction shall take place shall commit such offender to + See morethe common jail of the county in which such conviction shall happen for a period not exceeding the time for which such offender has been sentenced, unless such offender shall sooner pay the fine or fines herein imposed, together with the cost of prosecution.
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Incarceration | All | Yes |
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South Carolina | S.C. Code Ann § 16-13-320 | Incarceration |
Whoever shall (a) inveigle or entice by any arts or devices any person to play at cards, dice or any other game or bear a share or part in the + See morestakes, wagers or adventures or bet on the sides or hands of such as do or shall play as aforesaid, (b) sell, barter or expose to sale any kind of property which has been before sold, bartered or exchanged by the person so selling, bartering or exchanging or by anyone for the benefit or advantage of the person so selling, bartering or exchanging in any house or other place within this State or be a party thereto or (c) overreach, cheat or defraud by any other cunning, swindling arts and devices, so that the ignorant and unwary, who are deluded thereby, lose their money or other property, shall, on conviction thereof in any court of competent jurisdiction, be guilty of a misdemeanor and shall be fined at the discretion of the court and, besides, shall refund to the party aggrieved double the sum he was so defrauded of.
And if the same be not immediately paid, with costs, every such person shall be committed to the common jail or house of correction, if there be any, of the county in which such person shall be convicted, there to continue for any time not exceeding six months, unless such fine, with costs, be sooner paid and discharged.
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Incarceration | Misdemeanor | Yes |
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South Carolina | S.C. Code Ann. § 16-3-1260(3) | Payment as condition of probation |
(3) The Department of Probation, Parole, and Pardon Services shall also have the right to make payment of the debt or a portion of the debt to the State a + See morecondition of parole or community supervision.
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Condition or extension of supervision | All | No |
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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 |
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Minnesota | Minn. Stat. Ann. § 609.135(1)(d),(1a) | Stay of Imposition or Execution of Sentence |
(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, payment is due on the date imposed unless the court otherwise establishes a due date or a payment plan.
Subd. 1a. Failure to pay restitution. If the court orders payment of restitution as a condition of probation and if the defendant fails to pay the restitution in accordance with the payment schedule or structure established by the court or the probation officer, the prosecutor or the defendant's probation officer may, on the prosecutor's or the officer's own motion or at the request of the victim, ask the court to hold a hearing to determine whether or not the conditions of probation should be changed or probation should be revoked. The defendant's probation officer shall ask for the hearing if the restitution ordered has not been paid prior to 60 days before the term of probation expires. The court shall schedule and hold this hearing and take appropriate action, including action under subdivision 2, paragraph (g), before the defendant's term of probation expires. Nothing in this subdivision limits the court's ability to refer the case to collections under section 609.104 when a defendant fails to pay court-ordered restitution. |
Condition or extension of supervision | All | No |
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Minnesota | Minn. Stat. Ann. § 480.15(10c)(c) | State Court Administrator: Powers and Duties |
As determined by the state court administrator, collection costs shall be added to the debts referred to a public or private collection entity for collection. |
Collection fee/interest | All | No |
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Minnesota | Minn. Stat. Ann. § 609.3455(8)(c) | Dangerous sex offenders; life sentences; conditional release |
If the offender fails to meet any condition of release, the commissioner may revoke the offender's conditional release and order that the offender serve all or a part of the remaining portion of the conditional release term in prison. An offender, while on supervised release, is not entitled to credit against the offender's conditional release term for time served in confinement for a violation of release.
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Condition or extension of supervision, Incarceration | All | No |
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Minnesota | Minn. Stat. Ann. § 628.29(4) | Pretrial diversion program for writers of dishonored checks |
Program components. (a) At a minimum, the pretrial diversion program must require offenders to: on writing checks and managing money;
(2) make full restitution to the victim of the offense; and (3) pay appropriate penalties under section 604.113, subdivision 2, paragraph (a). |
Condition or extension of supervision | All | No |
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Minnesota | M.S.A. § 609.135(1) | Stay of imposition or execution of sentence |
Except when a sentence of life imprisonment is required by law, or when a mandatory minimum sentence is required by section 609.11, any court may stay imposition or execution of sentence and:
(1) may order intermediate sanctions without placing the defendant on probation; or (2) may place the defendant on probation with or without supervision and on the terms the court prescribes, including intermediate sanctions when practicable . . . (b) For purposes of this subdivision, subdivision 6, and section 609.14, the term “intermediate sanctions” includes but is not limited to incarceration in a local jail or workhouse, home detention, electronic monitoring, intensive probation, sentencing to service, reporting to a day reporting center, chemical dependency or mental health treatment or counseling, restitution, fines, day-fines, community work service, work service in a restorative justice program, work in lieu of or to work off fines and, with the victim's consent, work in lieu of or to work off restitution. |
Condition or extension of supervision | All | No |
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