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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.
61 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. § 12-19-31 | Commitment for nonpayment of fines and costs |
Whenever any person shall be committed for nonpayment of fines and costs, the sheriffs of the several counties and their deputies, and the town sergeants and town constables of any town in the several counties, upon due warrant from the court before whom the person has been convicted, may lawfully remove and commit the persons to the adult correctional institutions and they shall be allowed any fees that are now provided by law in similar cases; provided, that in the counties of Newport and Washington, any person before removal from the county of Newport or the county of Washington, in which sentence is entered, may pay the fine and costs into the court or into the office of the clerk of the court in which sentence is imposed and upon payment shall be discharged.
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Incarceration | All | No |
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Rhode Island | R.I. Gen. Laws. Ann. § 12-21-9 | Commitment for failure to obey judgment or sentence |
If any person against whom sentence is passed or judgment rendered, under any penal statute, shall refuse or neglect to perform the sentence or to pay the judgment, he or she shall, by order of the court passing the sentence or by the officer charged with the execution issued on the judgment, be committed to the adult correctional institutions, and be imprisoned there until the sentence is performed or he or she is discharged by due course of law.
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Incarceration | All | No |
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Rhode Island | R.I. Gen. Laws. Ann. § 12-21-1(1) | Methods of recovering fines and forfeitures |
Unless otherwise specially provided: (1) All fines of five hundred dollars ($ 500) and under shall be recovered by complaint and summons; (2) All fines of upwards of five hundred dollars ($ 500), by indictment or information;
(3) All penalties and pecuniary forfeitures, by action of debt; and (4) All forfeitures of personal property, by complaint and warrant or by information. |
Civil judgment, Other | All | Yes |
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Rhode Island | R.I. Gen. Laws. Ann. § 12-21-33 | Suspension of operators' license for failure to pay costs, fines, fees, or assessments |
A judge of the superior or district court or the traffic tribunal may order the suspension of a person's license issued pursuant to chapter 10 of title 31 if the person fails to pay court ordered costs, fines, fees, restitution or assessments within the time period provided for in an order of the court. The judge may order the suspension to be effective until the person complies with the court order.
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Driver's license suspension/impoundment | All | Yes |
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Rhode Island | R.I. Gen. Laws. Ann. § 12-25-26 | Recovery of victim compensation from offender |
Whenever any person is convicted of an offense and compensation is awarded under this chapter or under the 1972 Act for a personal injury or death resulting from the act constituting the offense, the state of Rhode Island shall institute an action against that person for the recovery of the whole or any specified part of the compensation in the superior court of the state of Rhode Island in any county, or in the state or federal court of any other state or district in which that person resides or is found, or make a finding in writing, of the reasons why it is impractical or impossible to institute that action. The office shall pursue the recovery whenever possible in order to provide additional funds for the violent crimes indemnity account. The administrator shall develop rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, to identify those so convicted, determine their ability to compensate the fund, and file whatever action is appropriate to recoup those funds.
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Civil judgment, Other | All | Yes |
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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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Rhode Island | R.I. Gen. Laws. Ann. § 12-25-26 | Recovery from offender |
(a) Whenever any person is convicted of an offense and compensation is awarded under this chapter or under the 1972 Act for a personal injury or death resulting from the act constituting the offense, the state of Rhode Island shall institute an action against that person for the recovery of the whole or any specified part of the compensation in the superior court of the state of Rhode Island in any county, or in the state or federal court of any other state or district in which that person resides or is found, or make a finding in writing, of the reasons why it is impractical or impossible to institute that action. The office shall pursue the recovery whenever possible in order to provide additional funds for the violent crimes indemnity account. The administrator shall develop rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, to identify those so convicted, determine their ability to compensate the fund, and file whatever action is appropriate to recoup those funds.
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Civil judgment | All | No |
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Texas | Tex. Code Crim. Proc. Art 43.09 (f),(j)-(k) | Fine Discharged |
(f) A court may require a defendant who is unable to pay a fine or costs to discharge all or part of the fine or costs by performing community service. (j) A court may not order a defendant to perform more than 16 hours per week of community service under Subsection (f) unless the court determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s dependents.
(k) A defendant is considered to have discharged $100 of fines or costs for each eight hours of community service performed under Subsection (f) of this article |
Community service | All | No |
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Texas | Tex. Code Crim. Proc. art. 42.15(c) | Fines and Costs |
When imposing a fine and costs in a misdemeanor case, if the court determines that the defendant is unable to immediately pay the fine and costs, the court shall allow the defendant to pay the fine and costs in specified portions at designated intervals.
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Payment plan/installment plan | Misdemeanor | Yes |
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Texas | Tex. Code Crim. Proc. Art. 42A.752(a)-(b) | Continuation or Modification of Community Supervision After Violation |
(a) If after a hearing under Article 42A.751(d) a judge continues or modifies community supervision after determining that the defendant violated a condition of community supervision, the judge may impose any other conditions the judge determines are appropriate, including: (1) a requirement that the defendant perform community service for a number of hours specified by the court under Article 42A.304, or an increase in the number of hours that the defendant has previously been required to perform under that article in an amount not to exceed double the number of hours permitted by that article; (2) an extension of the period of community supervision, in the manner described by Article 42A.753; (3) an increase in the defendant’s fine, in the manner described by Subsection (b); or (4) the placement of the defendant in a substance abuse felony punishment program operated under Section 493.009, Government Code . . .
(b) A judge may impose a sanction on a defendant described by Subsection (a)(3) by increasing the fine imposed on the defendant. The original fine imposed on the defendant and an increase in the fine imposed under this subsection may not exceed the maximum fine for the offense for which the defendant was sentenced. The judge shall deposit money received from an increase in the defendant’s fine under this subsection in the special fund of the county treasury to be used for the same purposes for which state aid may be used under Chapter 76, Government Code. |
Community service, Extension of probation/supervision, Increased fine | All | No |
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Texas | Tex. Loc. Gov't Code § 133.103(a) | Time Payment fee |
A person convicted of an offense shall pay, in addition to all other costs, a fee of $25 if the person:(1) has been convicted of a felony or misdemeanor; and (2) pays any part of a fine, court costs, or restitution on or after the 31st day after the date on which a judgment is entered assessing the fine, court costs, or restitution.
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Increased fine | All | Yes |
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Texas | Tex. Code Crim. Proc. art. 102.072 | Administrative Fee |
An officer listed in Article 103.003 or a community supervision and corrections department may assess an administrative fee for each transaction made by the officer or department relating to the collection of fines, fees, restitution, or other costs imposed by a court. The fee may not exceed $2 for each transaction.
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Increased fine | All | No |
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Texas | Tex. Code Crim. Proc. Art. 43.07 | Execution for Fine and Costs |
In each case of pecuniary fine, an execution may issue for the fine and costs, though a capias pro fine was issued for the defendant; and a capias pro fine may issue for the defendant though an execution was issued against the defendant's property. The execution shall be collected and returned as in civil actions. When the execution has been collected, the defendant shall be at once discharged; and whenever the fine and costs have been legally discharged in any way, the execution shall be returned satisfied.
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Property liens | 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.751(b),(e) | Violation of Conditions of Community Supervision; Detention and Hearing |
(b) At any time during the period of community supervision, the judge may issue a warrant for a violation of any condition of community supervision and cause the defendant to be arrested. Any supervision officer, police officer, or other officer with the power of arrest may arrest the defendant with or without a warrant on the order of the judge to be noted on the docket of the court. Subject to Subsection (c), a defendant arrested under this subsection may be detained in the county jail or other appropriate place of confinement until the defendant can be taken before the judge for a determination regarding the alleged violation.
(e) A judge may revoke without a hearing the community supervision of a defendant who is imprisoned in a penal institution if the defendant in writing before a court of record or a notary public in the jurisdiction where the defendant is imprisoned |
Incarceration | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.607 | Disposition of Salary |
If a defendant who is required as a condition of community supervision to serve a term of confinement under this subchapter is not required by the judge to deliver the defendant’s salary to the restitution center director, the employer of the defendant shall deliver the salary to the director. The director shall deposit the salary into a fund to be given to the defendant on release after the director deducts:
(1) the cost to the center for the defendant’s food, housing, and supervision; (2) the necessary expense for the defendant’s travel to and from work and community service projects, and other incidental expenses of the defendant; (3) support of the defendant’s dependents; and (4) restitution to the victims of an offense committed by the defendant |
Wage/bank account garnishment | All | Yes |
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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. Gov't Code Sec. 501.014(a),(e)(2),(4)-(6) | Inmate Money |
(a) The department shall take possession of all money that an inmate has on the inmate’s person or that is received with the inmate when the inmate arrives at a facility to be admitted to the custody of the department and all money the inmate receives at the department during confinement and shall credit the money to an account created for the inmate . . .
(e) On notification by a court, the department shall withdraw from an inmate’s account any amount the inmate is ordered to pay by order of the court under this subsection. On receipt of a valid court order requiring an inmate to pay child support, the department shall withdraw the appropriate amount from the inmate’s account under this subsection, regardless of whether the court order is provided by the court or another person. The department shall make a payment under this subsection as ordered by the court to either the court or the party specified in the court order. The department is not liable for withdrawing or failing to withdraw money or making payments or failing to make payments under this subsection. The department shall make withdrawals and payments from an inmate’s account under this subsection according to the following schedule of priorities: . . . (2) as payment in full for all orders for restitution . . . (4) as payment in full for all orders for court fees and costs; (5) as payment in full for all orders for fines; and (6) as payment in full for any other court order, judgment, or writ. |
Wage/bank account garnishment | All | Yes |
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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.607 | Disposition of Salary |
If a defendant who is required as a condition of community supervision to serve a term of confinement under this subchapter is not required by the judge to deliver the defendant’s salary to the restitution center director, the employer of the defendant shall deliver the salary to the director. The director shall deposit the salary into a fund to be given to the defendant on release after the director deducts: (1) the cost to the center for the defendant’s food, housing, and supervision; (2) the necessary expense for the defendant’s travel to and from work and community service projects, and other incidental expenses of the defendant; (3) support of the defendant’s dependents; and (4) restitution to the victims of an offense committed by the defendant.
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Wage/bank account garnishment | All | Yes |
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For more information, please visit cjpp.law.harvard.edu.