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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.
19 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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South Dakota | S.D. Codified Laws § 23A-40-10 | Funds of defendant — Order for reimbursement — Applicability — Credit against lien |
If the court finds that funds are available for payment from or on behalf of a defendant to carry out, in whole or in part, the provisions of this chapter, the court may order that the funds be paid, as court costs or as a condition of probation, to the court for deposit with the county or municipal treasurer, to be placed in the county or municipal general fund or in the public defender fund in those counties establishing the office pursuant to subdivision 23A-40-7(1) as a reimbursement to the county or municipality to carry out the provisions of this section. The court may also order payment to be made in the form of installments or wage assignments, in amounts set by a judge of the circuit court or a magistrate judge, either during the time a charge is pending or after the disposition of the charge, regardless of whether the defendant has been acquitted or the case has been dismissed by the prosecution or by order of the court. The provisions of this section also apply to persons who have had counsel appointed under chapters 26-7A, 26-8A, 26-8B, and 26-8C. The reimbursement is a credit against any lien created by the provisions of this chapter against the property of the defendant.
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Payment plan/installment plan, Wage/bank account garnishment | All | No |
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South Dakota | S.D. Codified Laws § 23A-40-11 | Lien for cost of provision of counsel — Limitation |
A lien, enforceable as provided by this chapter, upon all the property, both real and personal, of any person, including the parents of a minor child, for whom legal counsel or a public defender has been appointed under the provisions of § 23A-40-6, subdivisions 23A-40-7(2) and (3), or § 26-7A-31 may be filed. The services rendered and expenses incurred are a claim against the person and that person's estate, enforceable according to law in an amount to be determined by a judge of the circuit court or a magistrate judge and paid by the county or municipality chargeable for them. A lien on the parents of a minor child pursuant to this section may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs.
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Property liens | All | No |
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Virginia | Va. Code Ann. § 53.1-45.1 | Work program wage garnishment |
C. The Director shall arrange for compensation for such employment. Wages earned by prisoners shall be paid to the Director who shall deduct from such wages, in the following order + See moreof priority, an amount to:1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court; and
3. Defray a portion of the prisoner's keep.
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Wage/bank account garnishment | All | Yes |
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Virginia | Va. Code Ann. § 53.1-60 | Work release wage garnishment |
C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be + See morepaid to the Director. The Director shall, in accordance with regulations promulgated by the Board, deduct from such wages, in the following order of priority, an amount to:1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court;
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Wage/bank account garnishment | All | Yes |
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Virginia | Va. Code Ann. § 53.1-60.1 | Inmate trust account garnishment |
Upon receipt of a valid court order or judgment against a person confined in a state correctional facility, the Director or his designee shall satisfy, to the extent possible, the + See moreamount required to be paid by the order or judgment from the inmate's trust account. The Director shall promulgate regulations governing the process of collecting funds from inmates to be used for (i) the satisfaction of judgments or orders granting monetary relief or imposing fines or other monetary sanctions or (ii) payment of court costs and fees.
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Wage/bank account garnishment | All | Yes |
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Virginia | Va. Code Ann. § 53.1-131 | Work release wage garnishment |
Any wages earned pursuant to this section by an offender may, upon order of the court, be paid to the director or administrator of the program after standard payroll deductions + See morerequired by law. Distribution of such wages shall be made for the following purposes:
1. To pay an amount to defray the cost of his keep;
2. To pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program;
3. To provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance or social services as defined in § 63.2-100; or
4. To pay any fines, restitution or costs as ordered by the court.
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Wage/bank account garnishment | All | No |
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Virginia | Va. Code Ann. § 53.1-131.2(H) | Work release while on home/electronic incarceration program wage garnishment |
H. Any wages earned by an offender or accused assigned to a home/electronic incarceration program and participating in work release shall be paid to the director or administrator after standard + See morepayroll deductions required by law. Distribution of the money collected shall be made in the following order of priority to:
1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court;
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Wage/bank account garnishment | All | Yes |
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Virginia | Va. Code Ann. § 53.1-155.1 | Residential community program wage garnishment |
Any wages earned pursuant to this section by a prisoner may be paid to the director or administrator of the program after standard payroll deductions required by law. Distribution of + See moresuch wages shall be made for the following purposes:
1. To pay an amount to defray the cost of his keep;
2. To pay travel and other such expenses made necessary by his work release, employment, or participation in a residential community program or a community-based program;
3. To provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance as defined in § 63.2-100; or
4. To pay any fines, restitution, or costs as ordered by the court.
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Wage/bank account garnishment | All | No |
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Virginia | Va. Code Ann. § 66-25.1:3(C) | Juvenile work release program wage garnishment |
C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be + See morepaid to the Director. The Director shall, in accordance with regulations promulgated by the Board, deduct from such wages, in the following order of priority, an amount to:
1. Meet the obligation of any judicial or administrative order to provide support, and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution, or costs as ordered by the court; and
3. Pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program.
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Wage/bank account garnishment | All | Yes |
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Virginia | Va. Code Ann. § 19.2-354(B) | work release, home/electronic incarceration or nonconsecutive days program wage garnishment |
B. When a person sentenced to the Department of Corrections or a local correctional facility owes any fines, costs, forfeitures, restitution or penalties, he shall be required as a condition + See moreof participating in any work release, home/electronic incarceration or nonconsecutive days program as set forth in § 53.1-60, 53.1-131, 53.1-131.1, or 53.1-131.2 to either make full payment or make payments in accordance with his installment or deferred payment agreement while participating in such program....The Director of the Department of Corrections and any sheriff or other administrative head of any local correctional facility shall withhold such ordered payments from any amounts due to such person.
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Wage/bank account garnishment | All | Yes |
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Virginia | Va. Code Ann. § 8.01-458 | Property Lien |
Every judgment for money rendered in this Commonwealth by any state or federal court or by confession of judgment, as provided by law, shall be a lien on all the + See morereal estate of or to which the defendant in the judgment is or becomes possessed or entitled, from the time such judgment is recorded on the judgment lien docket of the clerk's office of the county or city where such land is situated
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Property liens | All | Yes |
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Virginia | Va. Code Ann. § 8.01-466 | Execution of writ of fieri facias |
On a judgment for money, it shall be the duty of the clerk of the court in which such judgment was rendered, upon request of the judgment creditor, his assignee + See moreor his attorney, to issue a writ of fieri facias at the expiration of twenty-one days from the date of the entry of the judgment and place the same in the hands of a proper person to be executed and take his receipt therefor.
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Property liens | All | Yes |
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Virginia | Va. Code Ann. § 8.01-478 | Liens on money and bank notes |
The writ of fieri facias may be levied as well on the current money and bank notes, as on the goods and chattels of the judgment debtor, except such as + See moreare exempt from levy under Title 34, and shall bind what is capable of being levied on only from the time it is actually levied by the officer to whom it has been delivered to be executed.
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Property liens | All | No |
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Virginia | Va. Code Ann. § 58.1-523 | Set off of tax refund |
Subject to the limitations contained in this article, the Department, upon request, shall render assistance in the collection of any delinquent account or debt owing to any claimant agency. This + See moreassistance shall be provided by setting off any refunds belonging to the debtor from the Department by the sum certified by the claimant agency as due and owing.
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Wage/bank account garnishment | All | No |
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Virginia | Va. Code Ann. § 19.2-305.2 | Order of Restitution |
B. An order of restitution may be docketed as provided in § 8.01-446 when so ordered by the court or upon written request of the victim and may be enforced by a + See morevictim named in the order to receive the restitution in the same manner as a judgment in a civil action.
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Wage/bank account garnishment | All | No |
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Wyoming | Wyo. Stat. Ann. § 7-18-114 | Record and disbursement of wages; exemption from process; confidentiality of amount |
(a) Wages earned by an inmate, parolee or offender while in an adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed for the purposes provided in this subsection and in the order specified: (i) Personal necessities; (ii) Room and board to the program operator at a rate to be established by the department; (iii) Support of dependent relations; (iv) Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1-40-119, victims compensation obligations under W.S. 1-40-112(g) and the surcharge imposed under W.S. 7-13-1616; (v) Repealed by Laws 1999, ch. 62, § 2. (vi) Costs of health insurance; and (vii) Remaining funds shall be paid to the inmate, parolee or offender upon parole or final discharge.
(b) Wages earned by offenders, other than parolees or inmates, while in a residential adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed only for the purposes and in the order specified in subsection (a) of this section unless otherwise ordered by the sentencing court. Any remaining funds shall be paid to the offender upon his satisfactory discharge from the program. Upon revocation of an offender's probation, the program operator shall forward any remaining funds to the court or to the institution to which the offender is sentenced as directed by the court. (c) Program operators shall keep an accurate record and account of all wages earned by inmates, parolees and offenders pursuant to the rules promulgated by the department. (d) The earnings of inmates under this act are not subject to garnishment, attachment or execution. (e) Information relating to the amount of wages earned by an inmate, parolee or offender in an adult community corrections program is confidential and is not subject to public inspection. |
Wage/bank account garnishment | All | Yes |
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Wyoming | Wyo. Stat. Ann. § 6-6-207 | Assessment of tax when permanent injunction issues; collection; continuing liability for other penalties |
Whenever a permanent injunction issues against any person for maintaining a nuisance or against the owner or agent of any building kept or used for the purposes prohibited by this article, there shall be assessed against the building and the ground upon which it is located and against the person or persons maintaining the nuisance, and the owner or agent of the premises, a tax of three hundred dollars ($300.00). The assessment of the tax shall be made by the assessor of the county in which the nuisance exists and shall be made within three (3) months from the date of granting of the permanent injunction. If the assessor fails or neglects to make the assessment, it shall be made by the sheriff of the county and a return of the assessment shall be made to the county treasurer. The tax may be enforced and collected in the manner prescribed for the collection of taxes under the general revenue laws and shall be a perpetual lien upon all property, both personal and real used for the purpose of maintaining the nuisance. The payment of the tax does not relieve the person or building from any other penalties provided by law and when collected shall be applied and distributed in the manner prescribed by law for the application and distribution of monies arising from the collection of fines and penalties in criminal cases.
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Collection fee/interest, Property liens | All | Yes |
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Wyoming | Wyo. Stat. Ann. § 7-13-109(b),(c) | Payment of jail costs by inmate |
(b) An order to pay room and board costs under this section shall be included as a special order in the judgment of conviction. To satisfy the order, the clerk of the sentencing court, upon request of the sheriff or prosecuting attorney, may issue execution against any assets of the defendant including wages subject to attachment, in the same manner as in a civil action.
(c) Willful failure or refusal to pay costs ordered under this section is punishable as contempt of court. |
Incarceration, Property liens, Wage/bank account garnishment | All | No |
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Wyoming | Wyo. Stat. Ann. § 7-16-204 | Fines for misconduct |
The department of corrections shall adopt rules and regulations to establish a system for punishing prisoner misconduct through the imposition of fines to be deducted from compensation earned as provided by W.S. 7-16-203. The rules shall provide for the distribution of the proceeds of fines collected under this section as special aid to discharged or paroled prisoners who are infirm or in any way incapable of earning a sufficient subsistence after their release.
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Wage/bank account garnishment | All | No |
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