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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Oklahoma Okla. Stat. tit. 22, § 1355.14D Payment of costs of representation--Fee schedule
Any order directing the defendant to pay costs of representation shall be a lien against all real and personal property of the defendant and may be filed against such property
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and foreclosed as provided by law for civil liens.
Property liens All Yes
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Oklahoma Okla. Stat. tit. 22, § 1355.14A Payment of costs of representation--Fee schedule
At the time of pronouncing the judgment and sentence or other final order, the court shall order any person represented by an attorney employed by the Oklahoma Indigent Defense System
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or a defense attorney who contracts or volunteers to represent indigents pursuant to the provisions of the Indigent Defense Act to pay the costs for representation in total or in installments and, in the case of installment payments, set the amount and due date of each installment.
Payment plan/installment plan All No
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Oklahoma Okla. Stat. tit. 10A, § 1-4-701B Reimbursements and costs by parents able to pay
The court may order the terms and conditions of the payment of costs and expenses described in subsection A of this section. When any parent is financially able but has
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willfully failed to pay the costs and reimbursements as ordered by the court pursuant to this section, the parent may be held in indirect contempt of court and, upon conviction, shall be punished pursuant to Section 566 of Title 21 of the Oklahoma Statutes.
Increased fine All No
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Oklahoma Okla. Stat. tit. 22, § 979a Payment of jail costs by inmate
The sheriff, municipality or other public entity responsible for the operation of the jail may collect costs of incarceration ordered by the court from the jail account of the inmate.
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If the funds collected from the jail account of the inmate are insufficient to satisfy the actual incarceration costs ordered by the court, the sheriff, municipality or other public entity responsible for the operation of the jail is authorized to collect the remaining balance of the incarceration costs by civil action.
Wage/bank account garnishment All No
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Oklahoma 22 Okl.St.Ann. § 456A Bench warrant, fee for issuance of
For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge
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and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Collection fee/interest All Yes
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Oklahoma 22 Okl.St.Ann. § 966A Bench warrant, fee for issuance of
For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge
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and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Collection fee/interest All Yes
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Oklahoma 22 Okl.St.Ann. § 983A Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments
Any defendant found guilty of an offense in any court of this state may be imprisoned for nonpayment of the fine, cost, fee, or assessment when the trial court finds
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after notice and hearing that the defendant is financially able but refuses or neglects to pay the fine, cost, fee, or assessment. A sentence to pay a fine, cost, fee, or assessment may be converted into a jail sentence only after a hearing and a judicial determination, memorialized of record, that the defendant is able to satisfy the fine, cost, fee, or assessment by payment, but refuses or neglects so to do.
Incarceration All No
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Oklahoma 22 Okl.St.Ann. § 983B Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments
After a judicial determination that the defendant is able to pay the fine, cost, fee, or assessment in installments, the court may order the fine, cost, fee, or assessment to
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be paid in installments and shall set the amount and date for each installment.
Payment plan/installment plan All No
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Oklahoma 22 Okl.St.Ann. § 983C Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments
In addition, the district court or municipal court, within one hundred twenty (120) days from the date upon which the person was originally ordered to make payment, may send notice
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of nonpayment of any court ordered fine and costs for a moving traffic violation to the Department of Public Safety with a recommendation of suspension of driving privileges of the defendant until the total amount of any fine and costs has been paid. Upon receipt of payment of the total amount of the fine and costs for the moving traffic violation, the court shall send notice thereof to the Department, if a nonpayment notice was sent as provided for in this subsection. Notices sent to the Department shall be on forms or by a method approved by the Department.
Driver's license suspension/impoundment Traffic No
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Oklahoma 28 Okl.St.Ann. § 101 Fees and costs in criminal cases part of penalty--Enforcement by imprisonment--Persons unable to pay
The fees herein provided for the clerk of the district court and the sheriff, as provided in this act, and all costs in the prosecution of all criminal actions shall,
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in case of conviction of the defendant, be adjudged a part of the penalty of the offense of which the defendant may be convicted, whether the punishment for such offense be either imprisonment, or fine, or both, and fixed either by the verdict of the jury, or judgment of the court, trying the case, and if the defendant shall refuse to pay the fine, fees or costs, the payment of such fees and costs, in addition to the payment of the fine assessed, shall be enforced by imprisonment until the same shall be satisfied at a rate of Twenty-five Dollars ($25.00) per day of such fees and costs, or fine, or both, or shall be satisfied at a rate of Fifty Dollars ($50.00) per day of such fees and costs, or fine, or both, should the defendant perform useful labor. If the defendant is without means to pay the fine, fees or costs, the total amount owed shall be entered upon the judgment docket and thereupon the same remedies shall be available for the enforcement of said judgment as are available to any other judgment creditor.The term “all costs in the prosecution of all criminal actions”, as used in this section, shall include only the following taxable items: 1. Court clerk's costs and fees authorized by statute; 2. Sheriff's fees; 3. Fees and mileage of witnesses; and 4. Cost deposits in the appellate court, whether on appeal, in an original proceeding or in any postconviction challenge, if waived on the basis of a pauper's affidavit.
Incarceration All Yes
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Oklahoma Okla. Stat. tit. 11, § 22-138 Municipal collection agency contracts
A governing body of a municipality that enters into a contract with a collection agency pursuant to this section may authorize the addition of a collection fee in an amount
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not to exceed thirty-five percent (35%) on each item described in subsection A of this section that has been referred by the municipality to the collection agency for collection. If a municipality enters into such contract with a collection agency and authorizes the collection fee, the court shall order defendants to reimburse the fee arising pursuant to paragraph 2 of subsection A of this section and such court-ordered fee may be collected as provided by law for the collection of any other civil debt or criminal action.
Collection fee/interest All Yes
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Oklahoma Okla. Stat. tit. 57, § 58.3 Sentence and fine or cost credits for prisoner labor
Prisoners employed as provided herein shall be given a credit of two (2) days on a jail sentence for each day worked, and a credit of Fifty Dollars ($50.00) per
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day upon the payment of a fine or court cost, if sentenced for nonpayment of a fine or court cost. The sheriff shall be authorized to order the credit be given to the prisoner on the records of the court where the conviction of the prisoner is filed.
Work program/jail industry program All Yes
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Oklahoma Okla. Stat. tit. 11, § 27-122 Enforcement of payment of fines or costs by imprisonment--Persons unable to pay
A. If a defendant who is financially able refuses or neglects to pay a fine or costs or both, payment may be enforced:1. By imprisonment until the same shall be
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satisfied at the rate of Twenty-five Dollars ($25.00) per day; or 2. In the same manner as is prescribed in subsection B of this section for a defendant who is without means to make such payment. B. If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court in the county where the situs of the municipal government is located, where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. The same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.
Incarceration All No
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Oklahoma Okla. Stat. tit. 11, § 28-123 Execution of sentence--Modification, reduction or suspension--Probation--Deferred sentence
. All sentences of imprisonment shall be executed by the chief of police of the city, and any person convicted of a violation of any ordinance of the city and
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sentenced to imprisonment shall be confined in the jail, farm or workhouse, of the city, in the discretion of the court, for the time specified in the sentence. All persons who shall be convicted in the court of violation of any ordinance of the city and sentenced to pay a fine and costs, who shall refuse to pay such fine or costs, shall be imprisoned in the jail of the city for one (1) day for each Two Dollars ($2.00) of the fine and costs assessed.
Incarceration All No
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Washington Wash. Rev. Code Ann. § 9.94B.040(1),(4) Conversion of fine to community service (for crimes committed before July 1, 2000)

(1) If an offender violates any condition or requirement of a sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.

(4) If

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the violation involves failure to pay legal financial obligations, the following provisions apply: (a) The department and the offender may enter into a stipulated agreement that the failure to pay was willful noncompliance, according to the provisions and requirements of subsection (3)(a) of this section; (b) In the absence of a stipulated agreement, or where the court is not satisfied with the department’s sanctions as provided in a stipulated agreement under (a) of this subsection, the court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender’s appearance; (c) The state has the burden of showing noncompliance by a preponderance of the evidence. The court may not sanction the offender for failure to pay legal financial obligations unless the court finds, after a hearing and on the record, that the failure to pay is willful. A failure to pay is willful if the offender has the current ability to pay but refuses to do so. In determining whether the offender has the current ability to pay, the court shall inquire into and consider: (i) The offender’s income and assets; (ii) the offender’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal financial obligations; and (iii) the offender’s bona fide efforts to acquire additional resources. An offender who is indigent as defined by RCW 10.101.010(3) (a) through (c) is presumed to lack the current ability to pay; (d) If the court determines that the offender is homeless or a person who is mentally ill, as defined in RCW 71.24.025, failure to pay a legal financial obligation is not willful noncompliance and shall not subject the offender to penalties; (e) If the court finds that the failure to pay is willful noncompliance, the court may order the offender to be confined for a period not to exceed sixty days for each violation or order one or more of the penalties authorized in subsection (3)(a)(i) of this section; and (f) If the court finds that the violation was not willful, the court may, and if the court finds that the defendant is indigent as defined in RCW 10.101.010(3) (a) through (c), the court shall modify the terms of payment of the legal financial obligations, reduce or waive nonrestitution legal financial obligations, or convert nonrestitution legal financial obligations to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution. The crime victim penalty assessment under RCW 7.68.035 may not be reduced, waived, or converted to community restitution hours.

Community service, Incarceration, Payment plan/installment plan All No
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Washington Wash. Rev. Code Ann. § 10.82.010 Execution for fines and costs

Upon a judgment for fine and costs, and for all adjudged costs, execution shall be issued against the property of the defendant, and returned in the same manner as in

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civil actions.

Property liens All No
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Washington Wash. Rev. Code Ann. § 10.01.170 Fine or costs--Payment within specified time or installments

When a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made within a specified period of time or in specified

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installments.

Payment plan/installment plan All No
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Washington Wash. Rev. Code Ann. § 10.82.030 Commitment for failure to pay fine and costs — Execution against defendant’s property — Reduction by payment, labor, or confinement

If any person ordered into custody until the fine and costs adjudged against him or her be paid shall not, within five days, pay, or cause the payment of the

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same to be made, the clerk of the court shall issue a warrant to the sheriff commanding him or her to imprison such defendant in the county jail until the amount of such fine and costs owing are paid. Execution may at any time issue against the property of the defendant for that portion of such fine and costs not reduced by the application of this section. The amount of such fine and costs owing shall be the whole of such fine and costs reduced by the amount of any portion thereof paid, and an amount established by the county legislative authority for every day the defendant performs labor as provided in RCW 10.82.040, and a lesser amount established by the county legislative authority for every day the defendant does not perform such labor while imprisoned.

Incarceration All No
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Washington Wash. Rev. Code Ann. § 3.62.040(5) Costs, fines, forfeitures, and penalties from city cases--Disposition--Interest

(5) (a) Except as provided in (b) of this subsection, penalties, fines, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency.

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Interest may accrue only while the case is in collection status.

(b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, and costs imposed against a defendant in a criminal proceeding shall not accrue interest.

Collection fee/interest All No
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Washington Wash. Rev. Code Ann. § 10.82.080 Unlawful receipt of public assistance — Deduction from subsequent assistance payments — Restitution payments

(1) When a superior court has, as a condition of the sentence for a person convicted of the unlawful receipt of public assistance, ordered restitution to the state of that

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overpayment or a portion thereof: (a) The department of social and health services shall deduct the overpayment from subsequent assistance payments as provided in RCW 43.20B.630, when the person is receiving public assistance; or (b) Ordered restitution payments may be made at the direction of the court to the clerk of the appropriate county or directly to the department of social and health services when the person is not receiving public assistance.

Wage/bank account garnishment All Yes