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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Tennessee Tenn. Code Ann. § 40-24-105(b) Collection; fines, costs and litigation taxes; license revocation
A license issued under title 55 for any operator or chauffeur shall be revoked by the commissioner of safety if the licensee has not paid all litigation taxes, court costs,
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and fines assessed as a result of disposition of any offense under the criminal laws of this state within one (1) year of the date of disposition of the offense. The license shall remain revoked until such time as the person whose license has been revoked provides proof to the commissioner of safety that all litigation taxes, court costs, and fines have been paid.
Driver's license suspension/impoundment All Yes
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Tennessee Tenn. Code Ann. § 40-24-105(d)(2) Collection; fines, costs and litigation taxes; license revocation
On or after January 1, 2015, if an agent is used, the agent's collection fee shall be added to the total amount owed. The agent's collection fee shall not exceed
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forty percent (40%) of any amounts actually collected. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to forty percent (40%) may be withheld for the collection agent, with the remainder being allocated according to the formula.
Collection fee/interest All Yes
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Tennessee Tenn. Code Ann. § 40-24-105(g) Collection; fines, costs and litigation taxes; license revocation
After a fine, costs, or litigation taxes have been in default for at least five (5) years, the criminal or general sessions court clerk may, subject to approval by a
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court of competent jurisdiction, accept a lump-sum partial payment in full settlement of the outstanding balance due on a case. The court shall not approve a settlement unless the amount accepted is equal to or greater than fifty percent (50%) of the combined outstanding balance of all fines, costs, and litigation taxes due on the case. When moneys are paid into court pursuant to this subsection (g), the allocation formula outlined in subsection (a) shall be followed, except the percentage that may be retained by the clerk pursuant to subsection (d) may be withheld, with the remainder being allocated according to the formula.
Payment plan/installment plan All No
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Tennessee Tenn. Code Ann. § 40-4-106 Fines and Costs
On conviction, the offender shall immediately pay the fine and costs, or give security to pay them, or be imprisoned until they are paid. The fine and costs, if paid
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before execution, shall be paid to the clerk; if paid after execution, to the officer having the execution.
Incarceration All Yes
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Tennessee Tenn. Code Ann. § 40-24-105(d)(1) Collection; fines, costs and litigation taxes; license revocation
(d)(1) Any fine, costs, or litigation taxes remaining in default after the entry of the order assessing the fine, costs, or litigation taxes may be collected by the district attorney
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general or the criminal or general sessions court clerk in the manner authorized by this section and otherwise by the trial court by contempt upon a finding by the court that the defendant has the present ability to pay the fine and willfully refuses to pay. After a fine, costs, or litigation taxes have been in default for at least six (6) months, the district attorney general or criminal or general sessions court clerk may retain an agent to collect, or institute proceedings to collect, or establish an in-house collection procedure to collect, fines, costs and litigation taxes. If an agent is used, the district attorney general or the criminal or general sessions court clerk shall request the county purchasing agent to utilize normal competitive bidding procedures applicable to the county to select and retain the agent. If the district attorney general and the criminal or general sessions court clerk cannot agree upon who collects the fines, costs and litigation taxes, the presiding judge of the judicial district or a general sessions judge shall make the decision. The district attorney general or criminal or general sessions court clerk may retain up to fifty percent (50%) of the fines, costs and litigation taxes collected pursuant to this subsection (d) in accordance with any in-house collection procedure or, if an agent is used, for the collection agent. The proceeds from any in-house collection shall be treated as other fees of the office. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to fifty percent (50%) may be withheld for in-house collection or, if an agent is used, for the collection agent, with the remainder being allocated according to the formula.
Collection fee/interest All No
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Tennessee Tenn. Code Ann. § 41-2-111 Hard labor; good time credit; disciplinary review boards
(a) In all cases where a person is by law liable to be imprisoned in the county jail for punishment or for failure to pay a fine, that person shall
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be sentenced to be confined, and shall be confined, at hard labor in the county workhouse until the expiration of the sentence of imprisonment or, subject to the limitations imposed by § 40-24-104, until the fine has been worked out, paid or secured to be paid.
Work program/jail industry program All Yes
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Tennessee Tenn. Code Ann. § 41-3-104 Fines and costs; payment
If a prisoner is confined for failure to pay a fine and costs, the prisoner shall be detained until the fine and costs, except litigation tax, have been paid by
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the proceeds of the prisoner's labor.
Work program/jail industry program All Yes
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Tennessee Tenn. Code Ann. § 55-6-108 Fines, penalties and forfeitures; transmittal
(a) All fines, penalties and forfeitures of bonds imposed or collected under chapters 1-6 of this title shall be paid over immediately after receipt thereof to the commissioner, with an
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accompanying statement setting forth the action or proceedings in which these moneys were collected, the name and residence of the defendant, the nature of the offense and fines, penalty, forfeiture or sentence, if any, imposed.(b) The commissioner is empowered, in the name of the state, to take all steps necessary to enforce the collection and prompt return of all fines, penalties and forfeitures of bonds, and the fines, penalties and forfeitures of bonds, when so collected, shall be deposited by the commissioner with the state treasurer and shall become a part of the general funds of the state.
Collection fee/interest All No
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Tennessee Tenn. Code Ann. § 67-1-1203 Garnishment issuance and execution
Garnishments may be issued and executed by the sheriff, any deputy sheriff or constable in the same manner as garnishments are issued and executed on executions at law. Before issuing
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a garnishment, the sheriff, any deputy sheriff or constable shall cause such distress warrant to be entered on the docket of any court of general sessions or circuit court of the county, and the procedure in the execution of such garnishment shall be the same as now provided by the statute for the execution of garnishments in civil cases.
Wage/bank account garnishment All No
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Wisconsin Wis. Stat. § 973.07 Failure to pay fine, fees, surcharges, or costsor to comply with certain community service work.
If the fine, plus costs, fees, and surcharges imposed under ch. 814, are not paid or community service work under s. 943.017 (3) is not completed as required by the
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sentence, the defendant may be committed to the county jail until the fine, costs, fees, and surcharges are paid or discharged, or the community service work under s.943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.
Incarceration All No
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Wisconsin Wis. Stat. § 973.05(4)(a) Fines ("Judgment of unpaid amount by court")
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:(a)
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Issue a judgment for the unpaid amount and direct the clerk to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid amount, the court shall send to the defendant at his or her last?known address written notification that a civil judgment has been issued for the unpaid fine, surcharge, costs, or fees. The judgment has the same force and effect as judgments docketed under s. 806.10.
Increased fine All No
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Wisconsin Wis. Stat. § 973.05(4)(b) Fines ("Wage/benefits garnishment")
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:
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(b) Issue an order assigning not more than 25 percent of the defendant’s commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102, and other money due or to be due inthe future to the clerk of circuit court for payment of the unpaid fine, surcharge, costs, or fees. In this paragraph, “employer” includes the state and its political subdivisions.
Wage/bank account garnishment All No
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Wisconsin Wis. Stat. § 973.05(4)(c) Fines ("Garnishment of lottery winnings")
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:
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(c) Issue an order assigning lottery prizes won by a defendant whose name is on the list supplied to the clerk of circuit court under s. 565.30 (5r) (a), for payment of the unpaid fine, surcharge, costs, or fees.
Wage/bank account garnishment All No
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Wisconsin Wis. Stat. § 800.095(1)(a) Nonpayment of monetary judgment
(a) Suspension of the defendant’s operating privilege until the defendant pays the judgment, but not to exceed one year. If the court orders suspension under this paragraph, all of the
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following apply: 1. The court shall notify the department of transportation of the suspension for failure to pay the judgment. If the defendant pays the judgment, the court shall notify the department of transportation of the payment within 7 days in the form and manner prescribed by the department. 2. The court may order the suspension concurrent or consecutive to any other suspensions or revocations. If the court fails to specify whether the suspension is consecutive or concurrent, the department of transportation shall implement the suspension concurrent with any other suspensions or revocations. 3. If the judgment remains unpaid at the end of the one?year suspension, the court may not order a further suspension of operating privileges in relation to the outstanding judgment. 3m. If the court terminates the defendant’s suspension as the result of the defendant’s agreement to a payment plan or community service and the defendant is later suspended because he or she defaults on that plan or service, the new suspension shall be reduced by the amount of time that the suspension was served before being terminated by the court. 4. Serving the complete one?year suspension of the defendant’s operating privilege does not relieve the defendant of the responsibility to pay the judgment. 5. During the period of operating privilege suspension under this paragraph, the defendant may request the court to reconsider the order of suspension based on an inability to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d). The court shall consider the defendant’s request. If the court determines that the inability to pay the judgment is because of poverty, the court shall withdraw the suspension and grant the defendant further time to pay or withdraw the suspension and order one or more other sanctions set forth in this subsection, including community service. 6. This paragraph does not apply if the judgment was entered solely for a violation of an ordinance unrelated to the violator’s operation of a motor vehicle unless the judgment is ordered under ch. 938. Nonmoving traffic offenses, as defined in s. 345.28 (1)(c), are related to the violator’s operation of a motor vehicle.
Driver's license suspension/impoundment All No
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Wisconsin Wis. Stat. § 800.095(1)(b) Nonpayment of monetary judgment
(b) 1. That the defendant be imprisoned until the forfeiture, assessments, surcharge, and costs are paid. If the court orders imprisonment under this subdivision, all of the following apply: a.
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The maximum period of imprisonment shall be 90 days for any one judgment, and the defendant shall receive credit against the amount owed at the rate of at least $50 for each day of imprisonment, including imprisonment following an arrest but prior to the court making a finding under subd. 2. b. The court may impose a term of imprisonment under this subdivision that is either concurrent with or consecutive to any other term of imprisonment imposed at the same time or any term of imprisonment imposed by any court. 2. No defendant may be imprisoned under subd. 1. unless the court makes one of the following findings: a. Either at sentencing or thereafter, that the defendant has the ability to pay the judgment within a reasonable time. If a defendant meets the criteria in s. 814.29 (1) (d), the defendant shall be presumed unable to pay under this subsection and the court shall either suspend or extend payment of the judgment or order community service. b. The defendant has failed, without good cause, to perform the community service authorized under this subsection or s.800.09. c. The defendant has failed to attend an indigence hearing offered by the court to provide the defendant with an opportunity to determine whether he or she has the ability to pay the judgment. d. The defendant has failed, without good cause, to complete an assessment or treatment program related to alcohol or drugs that was ordered in lieu of a monetary forfeiture. 3. a. Except as provided in subd. 3. b., the defendant shall be committed to a jail or a house of correction in the county in which the cause of action arose. b. The defendant may be committed to the jail in another county within or outside of the state if the other county borders the county in which the cause of action arose, and the monthly expenses charged to the municipality by the other county to imprison the defendant are at least 25 percent less than the monthly expenses charged by the county in which the cause of action arose, and the other county agrees to having the defendant committed to the jail in that county. c. The defendant shall be eligible for privileges under s.303.08 or a similar program in the other county if committed under subd. 3. b. The municipality shall pay the expenses incurred by the county to imprison the defendant.
Incarceration All No
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Wisconsin Wis. Stat. § 800.035(2)(a)(4) Initial Appearance in Municipal Court
(2) If a defendant appears in person, all of the following shall occur:(a) The court shall, either orally or in writing, do all of the following: 4. Inform the
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defendant that if he or she is unable to pay the forfeiture, costs, fees, or surcharges due to poverty, he or she may request an installment payment, community service, or a stay of the judgment.
Payment plan/installment plan All No
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Wisconsin Wis. Stat. § 757.66 Recovery of legal fees paid for indigent defendants
Whenever a county or the state has paid for legal representation of an indigent defendant and the county board or the department of justice so requires, the clerk of the
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court where representation for the indigent was appointed shall prepare, sign and record in the office of the register of deeds a certificate stating the name and residence of the indigent beneficiary, the amount paid by the county or the state for his or her legal representation, the date when paid, the court and county in which the case was heard and such other information as the county board directs. If a certificate is recorded within 6 months after payment is made by the county or the state it may, within the time after the recording provided by s. 893.86, commence an action to recover from the indigent defendant, or his or her estate if the action is commenced within the time set for filing claims by creditors, the amount paid by the county or the state for his or her legal representation. In any such action ss. 859.02 and 893.86, so far as applicable, may be pleaded in defense. The claim shall not take precedence over the allowances in ss. 861.31, 861.33 and 861.35. The district attorney or the department of justice, as applicable, shall commence and prosecute all actions and proceedings necessary under this section to make the recovery when it appears that the indigent defendant or his or her estate is able to pay the claim.
Other All Yes