50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
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Level of Offense
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.
19 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Rhode Island | R.I. Gen. Laws. Ann. § 12-19-8.1 | Conditions of probation |
(a) The following shall constitute basic conditions of probation applicable to all defendants upon whom a period of probation has been imposed: (8) Pay restitution, court costs, and fines, if assessed, in one or several sums, based on the defendant's ability to pay; and
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Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.751(a)(8)-(9) | Basic Discretionary Conditions |
The judge of the court having jurisdiction of the case shall determine the conditions of community supervision. The judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. Conditions of community supervision may include conditions requiring the defendant to:
(8) pay in one or more amounts: (A) the defendant’s fine, if one is assessed; and (B) all court costs, regardless of whether a fine is assessed; (9) support the defendant’s dependents |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.652(b) | Monthly Reimbursement Fee |
The judge may make payment of the monthly fee a condition of granting or continuing the community supervision. |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.702(a)(2)-(3),(b)-(c) | Time Credits for Completion of Certain Conditions of Community Supervision |
(a) This article [time credit] applies only to a defendant who: (2) is not delinquent in paying required costs, fines, or fees; and (3) has fully satisfied any order to pay restitution to a victim.
(b) A defendant described by Subsection (a) is entitled to receive any combination of time credits toward the completion of the defendant’s period of community supervision in accordance with this article if the court ordered the defendant as a condition of community supervision to: (1) make a payment described by Subsection (c); (2) complete a treatment or rehabilitation program described by Subsection (d); or (3) earn a diploma, certificate, or degree described by Subsection (e). (c) A defendant is entitled to time credits toward the completion of the defendant’s period of community supervision for the full payment of court costs, fines, attorney’s fees, and restitution. |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.701(b) | Reduction or Termination of Community Supervision Period |
On completion of one-half of the original community supervision period or two years of community supervision, whichever is more, the judge shall review the defendant's record and consider whether to reduce or terminate the period of community supervision, unless the defendant:(1) is delinquent in paying required costs, fines, fees, or restitution that the defendant has the ability to pay.
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Condition or extension of supervision | All | No |
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Texas | Tex. Gov't. Code § 76.015(c) | Reimbursement Fee |
(c) A department may assess a reasonable reimbursement fee of not less than $25 and not more than $60 per month on an individual who participates in a program operated by the department or receives services from the department and who is not paying a monthly reimbursement fee under Article 42A.652, Code of Criminal Procedure.
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Condition or extension of supervision | All | No |
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Texas | Tex. Gov't. Code § 76.017(e) | Treatment Alternative to Incarceration Program |
(e) A department may contract for the provision of treatment services. The department may pay for services only if other adequate public or private sources of payment are not available. A person is responsible for the payment of any treatment program recommended under this section if it is determined that a person referred for treatment is able to pay for the costs of treatment or if the person has insurance that will pay for the treatment. If a person is able to pay for treatment or if the person has insurance that will pay for the treatment, the payment may be made a condition for receiving treatment.
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Condition or extension of supervision | All | No |
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Texas | Tex. Gov't. Code § 103.021 | Additional Fees and Costs in Criminal or Civil Cases: Code of Criminal Procedure |
An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Code of Criminal Procedure if ordered by the court or otherwise required:
(2) cost of electronic monitoring as a condition of release on personal bond (Art. 17.43, Code of Criminal Procedure) ... actual cost; (3-a) costs associated with operating a global positioning monitoring system as a condition of release on bond (Art. 17.49(b)(2), Code of Criminal Procedure) ... actual costs, subject to a determination of indigency; (5) reimbursement to general revenue fund for payments made to victim of an offense as condition of community supervision (Art. 42A.301(17), Code of Criminal Procedure) ... not to exceed $50 for a misdemeanor offense or $100 for a felony offense; (10) additional community supervision fee for certain offenses (Art. 42A.653(a), Code of Criminal Procedure) ... $5 per month; |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 17.43(b) | Home curfew and electronic monitoring as condition |
(b) Cost of monitoring may be assessed as reimbursement fees or ordered paid directly by the defendant as a condition of bond. |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 17.44(c),(e) | Home confinement, electronic monitoring, and drug testing as condition |
(c) The magistrate may revoke the bond and order the defendant arrested if the defendant: (1) violates a condition of home confinement and electronic monitoring; (3) fails to pay the reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered.
(e) The cost of electronic monitoring or testing for controlled substances under this article may be assessed as a reimbursement fee or ordered paid directly by the defendant as a condition of bond. |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 17.441(d) | Conditions requiring motor vehicle ignition interlock |
(d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device. If the magistrate designates an agency under this subsection, in each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a fee to the designated agency in the amount set by the magistrate. The defendant shall pay the initial fee at the time the agency verifies the installation of the device. In each subsequent month during which the defendant is required to pay a fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service. The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost incurred by the designated agency in conducting the verification or providing the monitoring service, as applicable in that county.
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Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42.035(c),(e) | Electronic monitoring; house arrest |
(c) The court may require the defendant to pay to the community supervision and corrections department or the county any reasonable cost incurred because of the defendant's participation in the house arrest program, including the cost of electronic monitoring.
(e) A court may revoke a defendant's participation in an electronic monitoring program and require the defendant to serve the remainder of the defendant's sentence of confinement in county jail if the defendant violates a condition imposed by a court under this article, including a condition requiring the defendant to pay for participating in the program under Subsection (c). |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.651(a) | Payment as Condition of Community Supervision |
(a) A judge may not order a defendant to make a payment as a term or condition of community supervision, except for: restitution to the victim;
(2) reimbursement of a county as described by Article 42A.301(b)(11) ; or (3) a payment ordered as a condition that relates personally to the rehabilitation of the defendant or that is otherwise expressly authorized by law. |
Condition or extension of supervision | All | No |
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Texas | ATex. Code Crim. Proc. Art. 42A.653(a) | Additional Monthly Fee for Certain Sex Offenders |
(a) A judge who grants community supervision to a defendant convicted of an offense under Section 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require as a condition of community supervision that the defendant pay to the defendant's supervision officer a community supervision fee of $5 each month during the period of community supervision.
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Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 102.012(a) | Fees for Pretrial Intervention Programs |
(a) A court that authorizes a defendant to participate in a pretrial intervention program established under Section 76.011, Government Code, may order the defendant to pay to the court a supervision fee in an amount not more than $60 per month as a condition of participating in the program.
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Condition or extension of supervision | All | No |
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Washington | Wash. Rev. Code Ann. § 9.95.210(2)-(3),(5) | Conditions of probation |
(2) In the order granting probation and as a condition thereof, the superior court may in its discretion imprison the defendant in the county jail for a period not exceeding one year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs. As a condition of probation, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035. The superior court may also require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor’s recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay such fine as may be imposed and court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required; (d) following consideration of the financial condition of the person subject to possible electronic monitoring, to pay for the costs of electronic monitoring if that monitoring was required by the court as a condition of release from custody or as a condition of probation; (e) to contribute to a county or interlocal drug fund; and (f) to make restitution to a public agency for the costs of an emergency response under RCW 38.52.430, and may require bonds for the faithful observance of any and all conditions imposed in the probation.
(3) The superior court shall order restitution in all cases where the victim is entitled to benefits under the crime victims’ compensation act, chapter 7.68 RCW. If the superior court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims’ compensation act, the department of labor and industries, as administrator of the crime victims’ compensation program, may petition the superior court within one year of imposition of the sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the superior court shall hold a restitution hearing and shall enter a restitution order. (5) If the probationer has been ordered to make restitution and the superior court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made. If the superior court has ordered supervision and restitution has not been made as ordered, the officer shall inform the prosecutor of that violation of the terms of probation not less than three months prior to the termination of the probation period. The secretary of corrections will promulgate rules and regulations for the conduct of the person during the term of probation. For defendants found guilty in district court, like functions as the secretary performs in regard to probation may be performed by probation officers employed for that purpose by the county legislative authority of the county wherein the court is located. |
Condition or extension of supervision, Increased fine | All | No |
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Washington | Wash. Rev. Code Ann. § 9.92.060(2) | Suspending sentences |
(2) As a condition to suspension of sentence, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035. In addition, the superior court may require the convicted person to make such monetary payments, on such terms as the superior court deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay any fine imposed and not suspended and the court or other costs incurred in the prosecution of the case, including reimbursement of the state for costs of extradition if return to this state by extradition was required; and (d) to contribute to a county or interlocal drug fund.
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Condition or extension of supervision | All | No |
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Washington | Wash. Rev. Code Ann. § 9.94A.631(1) | Violation of condition or requirement of sentence--Security searches authorized--Arrest by community corrections officer--Confinement in county jail |
(1) If an offender violates any condition or requirement of a sentence, a community corrections officer may arrest or cause the arrest of the offender without a warrant, pending a determination by the court or by the department.
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Condition or extension of supervision, Incarceration | All | No |
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Washington | Wash. Rev. Code Ann. §9.94A.703(2)(d) | Community custody — Conditions |
Unless waived by the court, as part of any term of community custody, the court shall order an offender to: |
Condition or extension of supervision | All | No |
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