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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Colorado C.R.S. 18-22-103(1);(4) Source of Revenues - Allocation of Moneys

(1)  Each juvenile who is convicted as an adult of a violent crime shall be required to pay a surcharge to the clerk of the court in which the conviction occurs

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in an amount equal to any fine imposed by such court;  (4)  A surcharge assessed by the court pursuant to this section may be collected in the same manner as a judgment in a civil action and the court shall order the district attorney to institute proceedings to collect such surcharge if the court finds that a juvenile convicted as an adult of a violent crime is financially unable to pay all or any portion of such surcharge at the time of sentencing.

Civil judgment Misdemeanor, Felony No
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Alaska Alaska Stat. Ann. § 12.55.045(l) Restitution and Compensation

An order by the court that the defendant pay restitution is a civil judgment for the amount of the restitution. An order by the court that the defendant pay restitution

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when the court suspends imposition of sentence under AS 12.55.085 is a civil judgment for the amount of the restitution and remains enforceable and is not discharged when a conviction is set aside under AS 12.55.085. The victim or the state on behalf of the victim may enforce the judgment through any procedure authorized by law for the enforcement of a civil judgment. If the victim enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded. If the state on the victim's behalf enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded, up to a maximum of twice the amount of restitution owing at the time the civil process was initiated. This section does not limit the authority of the court to enforce orders of restitution.

Civil judgment All Yes
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Alaska Alaska Stat. § 12.55.039(c) Surcharge

The surcharge shall be paid within 10 days of imposition or such shorter period of time as ordered by the court. Failure to pay the surcharge is punishable as contempt

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of court. Proceedings to collect the surcharge may be instituted by the state, the municipality, or by the court on its own motion.

Civil judgment All Yes
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Ohio Ohio Rev. Code § 2929.18(D)(2)(c) Proceeding in the aid of execution

. . . Once the financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the

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following: (c) A proceeding in aid of execution under Chapter 2333. of the Revised Code, including: (i) A proceeding for the examination of the judgment debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27 of the Revised Code; (ii) A proceeding for attachment of the person of the judgment debtor under section 2333.28 of the Revised Code; (iii) A creditor's suit under section 2333.01 of the Revised Code.

Civil judgment Felony No
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Ohio Ohio Rev. Code § 2929.18(D)(2)(b) Financial sanctions; restitution; reimbursements.

. . . Once the financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the

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following: (b) An execution against the person of the judgment debtor under Chapter 2331. of the Revised Code.

Civil judgment Felony 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

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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. § 12-25-26 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

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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.

Civil judgment, Other All Yes
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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

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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.

Civil judgment All No