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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.
14 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Colorado | Colo. Rev. Stat. § 16-11-101.6(6)(a) | Collection of Fines and Fees - Methods - Charges - Judicial Collection Enhancement Fund |
The judicial department may enter into a memorandum of understanding with the state treasurer, acting as the administrator of unclaimed property under the "Unclaimed Property Act", article 13 of title 38, C.R.S., for the purpose of offsetting against a claim for unclaimed property the amount of outstanding fines, fees, costs, or surcharges owed pursuant to law or an order entered by a court of this state by the person claiming unclaimed property. When an offset is to be made, the judicial department or the court to which the fines, fees, costs, or surcharges are owed shall notify the defendant in writing that the state intends to offset the defendant's outstanding fines, fees, costs, or surcharges against his or her claim for unclaimed property.
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Property liens | All | No |
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Colorado | Colo. Rev. Stat. § 16-11-101.8(1) | State Income Tax Refund Offsets - Fines, Fees, Costs, or Surcharges - Definitions |
In any case in which a defendant has an unsatisfied fine, fee, cost, or surcharge obligation imposed pursuant to law or a court order, the judicial department is authorized to transmit data concerning the obligation to the department of revenue for the purpose of conducting a data match and offsetting the obligation against a state income tax refund pursuant to section 39-21-108(3), or lottery winnings pursuant to section 44-40-114.
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Wage/bank account garnishment | All | No |
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Colorado | Colo. Rev. Stat. § 18-1.3-207(2) | Work and Education Release Programs |
All employment income of a probationer participating in a work release program shall be received and deposited by the probation officer in the registry of the court. |
Work program/jail industry program | All | Yes |
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Colorado | Colo. Rev. Stat. § 18-1.3-702(3)(b) | Monetary Payments - Due Process Required |
Except in the case of a corporation, if the defendant failed to pay a monetary amount due and the record indicates that the defendant has willfully failed to pay that monetary amount, the court, when appropriate, may consider a motion to impose part or all of a suspended sentence, may consider a motion to revoke probation, or may institute proceedings for contempt of court.
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Condition or extension of supervision | All | No |
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Colorado | Colo. Rev. Stat. § 18-1.3-702(2)(c) | Monetary Payments - Due Process Required |
If the defendant has the ability to pay the monetary amount as directed by the court or the court's designee but willfully fails to pay, the defendant may be imprisoned for failure to comply with the court's lawful order to pay pursuant to the terms of this section.
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Incarceration | All | No |
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Colorado | Colo. Rev. Stat. § 18-1.3-702(5) | Monetary Payments - Failure to Pay |
(5) If the court finds a defendant in contempt of court for willful failure to pay, the court may direct that the defendant be imprisoned until the monetary payment ordered by the court is made, but the court shall specify a maximum period of imprisonment subject to the following limits: (a) When the monetary amount was imposed for a felony, the period shall not exceed one year; (b) When the monetary amount was imposed for a misdemeanor, the period shall not exceed one-third of the maximum term of imprisonment authorized for the misdemeanor; (c) When the monetary amount was imposed for a petty offense, a traffic violation, or a violation of a municipal ordinance, any of which is punishable by a possible jail sentence, the period shall not exceed fifteen days; (d) There shall be no imprisonment in those cases when no imprisonment is provided for in the possible sentence; and (e) When a sentence of imprisonment and a monetary amount was imposed, the aggregate of the period and the term of the sentence shall not exceed the maximum term of imprisonment authorized for the offense.
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Incarceration | 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 + See moresentence, 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.
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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) + See moreIssue 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.
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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: + See more (b) Issue an order assigning not more than 25 percent of the defendants 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.
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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: + See more (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.
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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 defendants 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 + See morefollowing 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 defendants suspension as the result of the defendants 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 defendants 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 defendants 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 violators 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 violators operation of a motor vehicle.
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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. + See moreThe 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.
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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 + See moredefendant 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.
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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 + See morecourt 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.
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Other | All | Yes |
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