Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
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.
10 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
---|---|---|---|---|---|---|---|
Add to Dashboard
|
Louisiana | LA Rev Stat §1381.2. | Orleans ParishSheriff's detention and prison security fee fund |
A. Any defendant, other than an indigent, who pleads guilty or is convicted of an offense by the Criminal District Court for the Parish of Orleans shall be assessed a + See morefee of not less than twenty-five dollars, such costs to be in addition to any fine, clerk's fees, costs due to the criminal court cost fund or sentence imposed by the court. When any defendant, other than an indigent, fails to pay the costs referred to hereinabove, he shall be sentenced to a term of thirty days in the parish prison in default of the payment of same.
|
Incarceration | All | Yes |
Add to Dashboard
|
Louisiana | CCRP 895.5.C | Compliance Enforcement |
The district attorney may take all lawful action necessary to require compliance with court-ordered payments, including filing a petition for revocation of probation, filing a petition to show cause for + See morecontempt of court, or institution of any other civil or criminal proceedings which may be authorized by law or by rule of court. In addition, the district attorney may issue appropriate notices to inform the defendant of his noncompliance and of the penalty for noncompliance. In the event that the district attorney institutes any other civil or criminal proceedings pursuant to this Paragraph, the defendant shall be charged costs of court and such costs shall be added to the amount due.
|
Condition or extension of supervision | All | No |
Add to Dashboard
|
Louisiana | CCRP 884 | Sentence of fine with imprisonment for default |
If a sentence imposed includes a fine or costs, the sentence shall provide that in default of payment thereof the defendant shall be imprisoned for a specified period not to + See moreexceed one year; provided that where the maximum prison sentence which may be imposed as a penalty for a misdemeanor is six months or less, the total period of imprisonment upon conviction of the offense, including imprisonment for default in payment of a fine or costs, shall not exceed six months for that offense.
|
Incarceration | All | No |
Add to Dashboard
|
Louisiana | CCRP 885 | fine and costs |
A defendant who has been imprisoned for default in the payment of a fine, or fine and costs, under a sentence imposed pursuant to Article 884, may, at any time + See morebefore expiration of the term of imprisonment, obtain his release by paying to his custodian all of the costs imposed and a sum of money that bears the same proportion to the imposed fine as the term of alternate imprisonment yet to run bears to the whole of such term of imprisonment.
|
Incarceration | All | No |
Add to Dashboard
|
Louisiana | La. Stat. Ann. § 13:4611 | Contempt |
For any other contempt of court, including disobeying an order for the payment of child support or spousal support or an order for the right of custody or visitation, by + See morea fine of not more than five hundred dollars, or imprisonment for not more than three months, or both.
|
Incarceration | All | No |
Add to Dashboard
|
Louisiana | LA Rev Stat §13:1377.A | Thirty day jail term |
A. Any defendant, other than an indigent, who pleads guilty or is convicted of an offense by the Criminal District Court for the Parish of Orleans shall be assessed + See morecosts of court not to exceed the sum of one hundred dollars, such costs to be in addition to any fine, clerk's fees or sentence imposed by the court. When any defendant, other than an indigent, fails to pay the costs referred to hereinabove, he shall be sentenced to a term of thirty days in the parish prison in default of the payment of same.
|
Incarceration | All | Yes |
Add to Dashboard
|
Louisiana | LA REV Stat §30:2531.6.H(3) | Failure to pay fine for littering offense | His failure to appear at this second hearing could subject him to another charge of contempt of court along with the punishment of serving time in jail. | Incarceration | Misdemeanor | No |
Add to Dashboard
|
California | Cal. Rules of Court 4.435(b) | Sentencing on revocation of probation, mandatory supervision, and postrelease community supervision |
(b) On revocation and termination of probation under section 1203.2, when the sentencing judge determines that the defendant will be committed to prison or county jail under section 1170(h):(1) If the imposition of sentence was previously suspended, the judge must impose judgment and sentence after considering any findings previously made and hearing and determining the matters enumerated in rule 4.433(c).The length of the sentence must be based on circumstances existing at the time probation was granted, and subsequent events may not be considered in selecting the base term or in deciding whether to strike the additional punishment for enhancements charged and found.
|
Incarceration | All | No |
Add to Dashboard
|
California | Cal. Pen. Code § 273a(c)(3)(B) | Endangering child or causing or permitting child to suffer physical pain, mental suffering, or injury; Conditions of probation |
(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant’s changed circumstances, the court may reduce or waive the fees.
|
Condition or extension of supervision | Misdemeanor, Felony | No |
Add to Dashboard
|
California | Cal. Pen. Code § 1205(b) | Judgment imposing fine; Imprisonment pending payment; Default; Fee for processing accounts receivable; Limitation |
(b) Except as otherwise provided in case of fines imposed, as a condition of probation, the defendant shall pay the fine to the clerk of the court, or to the judge if there is no clerk, unless the defendant is taken into custody for nonpayment of the fine, in which event payments made while he or she is in custody shall be made to the officer who holds the defendant in custody, and all amounts paid shall be paid over by the officer to the court that rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part of that fine, or if there is no clerk, the court shall take notice of the default. If time has been given for payment of a fine or it has been made payable in installments, the court shall, upon any default in payment, immediately order the arrest of the defendant and order him or her to show cause why he or she should not be imprisoned until the fine or installment is satisfied in full. If the fine or installment is payable forthwith and it is not paid, the court shall, without further proceedings, immediately commit the defendant to the custody of the proper officer to be held in custody until the fine or installment is satisfied in full.
|
Incarceration | Misdemeanor, Felony | No |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.