Poverty Penalties and Poverty Traps

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.

12 Results

Export results to Excel

State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Colorado Colo. Rev. Stat. § 17-10-103(1) Action for Reimbursement of Cost of Care

When any person has been sentenced to confinement in a local jail or a correctional facility or to home detention or has been granted probation or has been placed on

+ See more
parole by the state board of parole and the sentencing court has not entered an order pursuant to section 18-1.3-701, C.R.S., requiring such person to pay the full cost of care incurred during such person's sentence, the state, the appropriate prosecuting attorney, the department of corrections, the judicial department, or any government agency which has incurred cost of care of such person may file an action for reimbursement for cost of care.

Increased fine All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Colorado C.R.S. 18-1.3-506(1) Payment and Collection of Fines for Class 1, 2, or 3 Misdemeanors and Class 1 or 2 Petty Offenses - Release From Incarceration

Whenever the court imposes a fine for a nonviolent class 1, 2, or 3 misdemeanor or for a class 1 or 2 petty offense, if the person who committed the

+ See more
offense is unable to pay the fine at the time of the court hearing or if he or she fails to pay any fine imposed for the commission of such offense, in order to guarantee the payment of such fine, the court may: (a)  Require the person to post sufficient bond or collateral; or (b)  Enter a judgment in favor of the state or political subdivision to whom the fine is owed and enter an order based on such judgment for the garnishment of the person's earnings in accordance with the provisions of either article 54 or 54.5 of title 13, C.R.S., for the purpose of collecting said fine and the costs incurred in collecting said fine; or (c)  Enter a judgment in favor of the state or political subdivision to whom the fine is owed and execute a lien based on such judgment on any chattels, lands, tenements, moneys, and real estate of the person in accordance with article 52 of title 13, C.R.S., for the purpose of collecting said fine and the costs incurred in collecting said fine.

Increased fine Other, Misdemeanor No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Colorado C.R.S. 16-18.5-105(2);(3) Monitoring - Default - Penalties

(2)   In addition to any other costs that may accrue, for each payment of restitution that a defendant fails to make within seven days after the date that the payment

+ See more
is due pursuant to any payment schedule established pursuant to this article, the late penalty fee established in section 16-11-101.6 shall be assessed, and the associated provisions of section 16-11-101.6 may apply. The late fees shall be collected from the defendant after the defendant has satisfied all orders for restitution. All payments for late fees shall be credited to the judicial collection enhancement fund created in section 16-11-101.6 (2). (3)   Whenever a defendant fails to make a payment of restitution within seven days after the date that the payment is due pursuant to a payment schedule established pursuant to this article, in addition to any other remedy, the collections investigator may: (a)  Conduct an additional financial investigation of the defendant as described in section 16-18.5-104 (3); (b)  Issue an attachment of earnings requiring that a certain portion of a defendant's earnings, not to exceed fifty percent, be withheld and applied to any unpaid restitution, if such an attachment does not adversely impact the defendant's ability to comply with other orders of the court. An attachment of earnings under this paragraph (b) may be modified to a lesser or greater amount based upon changes in a defendant's circumstances as long as the amount withheld does not exceed fifty percent and may be suspended or cancelled at the court's discretion. An attachment of earnings issued pursuant to this paragraph (b) shall be enforceable in the same manner as a garnishment in a civil action. For purposes of this section, "earnings" shall have the same meaning as set forth for any type of garnishment in section 13-54.5-101, C.R.S., and shall include profits. (c)  Request that the clerk of the court issue a writ of execution, writ of attachment, or other civil process to collect upon a judgment pursuant to article 52 of title 13, C.R.S.; (d)  Request that the court issue a notice to show cause requiring the defendant to appear before the court and show cause why the required payment or payments were not made. Upon a finding of the defendant's failure to pay, unless the defendant establishes that he or she was unable to make the payments, the court may: (I)  Revoke probation and impose any other sentence permitted by law; (II)  Order that the defendant be confined to jail with a recommendation that the defendant participate in a work release program; (III)  Extend the period of probation; or (IV)  Find the defendant in contempt of court and impose any authorized penalties for such action. (e) (I)  Employ any method available to collect state receivables, including the assignment of the defendant's accounts to a third party that has an agreement with the judicial department under this paragraph (e). (II)  The judicial department may enter into agreements with third parties for collection-related services. Any fees or costs of the third parties shall be added to the amount of restitution owed by the defendant, but such fees and costs shall not exceed twenty-five percent of the amount collected.

Increased fine All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §984.22(6) Power of disposition

The participation and cooperation of the family, parent, guardian, or custodian, and the child with court-ordered services, treatment, or community service are mandatory, not merely voluntary. The court may use

+ See more
its contempt powers to enforce its order.

Increased fine All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §938.30(11) Financial obligations in criminal cases; supplementary proceedings

Any person failing to appear or willfully failing to comply with an order under this section, including an order to comply with a payment schedule established by the clerk of

+ See more
court, may be held in civil contempt.

Increased fine All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §901.11 Effect of not answering summons

Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine of not more than $100.

+ See more
When a person fails to appear as commanded by a summons, the trial court judge shall issue a warrant. If the trial court judge acquires reason to believe that the person summoned will not appear as commanded after issuing a summons, the trial court judge may issue a warrant.

Increased fine All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §901.31 Failure to obey written promise to appear

Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of

+ See more
the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt.

Increased fine All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §903.105 Appearance bonds

Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of

+ See more
the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt.

Increased fine All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §895.06(2) Civil investigative subpoenas; public records exemption

(2) A subpoena issued pursuant to this chapter is confidential for 120 days after the date of its issuance. The subpoenaed person or entity may not disclose the existence of the

+ See more
subpoena to any person or entity other than his or her attorney during the 120-day period. The subpoena must include a reference to the confidentiality of the subpoena and a notice to the recipient of the subpoena that disclosure of the existence of the subpoena to any other person or entity except the subpoenaed person’s or entity’s attorney is prohibited. The investigative agency may apply ex parte to the circuit court for the circuit in which a subpoenaed person or entity resides, is found, or transacts business for an order directing that the subpoenaed person or entity not disclose the existence of the subpoena to any other person or entity except the subpoenaed person’s attorney for an additional period of time for good cause shown by the investigative agency. The order shall be served on the subpoenaed person or entity with the subpoena, and the subpoena must include a reference to the order and a notice to the recipient of the subpoena that disclosure of the existence of the subpoena to any other person or entity in violation of the order may subject the subpoenaed person or entity to punishment for contempt of court. Such an order may be granted by the court only upon a showing:

(a) Of sufficient factual grounds to reasonably indicate a violation of ss 895.01-895.06

(b) That the documents or testimony sought appear reasonably calculated to lead to the discovery of admissible evidence; and

(c) Of facts that reasonably indicate that disclosure of the subpoena would hamper or impede the investigation or would result in a flight from prosecution.

Increased fine All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §895.06(5) Civil investigative subpoenas; public records exemption

A person who fails to obey a court order entered pursuant to this section may be punished for contempt of court.

Increased fine All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §984.09(1) Punishment for contempt of court; alternative sanctions

Contempt of court; legislative intent. — The court may punish any child for contempt for interfering with the court or with court administration, or for violating any provision of this

+ See more
chapter or order of the court relative thereto. It is the intent of the Legislature that the court restrict and limit the use of contempt powers with respect to commitment of a child to a secure facility. A child who commits direct contempt of court or indirect contempt of a valid court order may be taken into custody and ordered to serve an alternative sanction or placed in a secure facility, as authorized in this section, by order of the court.

Increased fine All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Florida Fla. Stat. §984.09(3) Punishment for contempt of court; alternative sanctions

ALTERNATIVE SANCTIONS. Each judicial circuit shall have an alternative sanctions coordinator who shall serve under the chief administrative judge of the juvenile division of the circuit court, and who shall

+ See more
coordinate and maintain a spectrum of contempt sanction alternatives in conjunction with the circuit plan implemented in accordance with s. 790.22(4)(c). Upon determining that a child has committed direct contempt of court or indirect contempt of a valid court order, the court may immediately request the alternative sanctions coordinator to recommend the most appropriate available alternative sanction and shall order the child to perform up to 50 hours of community-service manual labor or a similar alternative sanction, unless an alternative sanction is unavailable or inappropriate, or unless the child has failed to comply with a prior alternative sanction. Alternative contempt sanctions may be provided by local industry or by any nonprofit organization or any public or private business or service entity that has entered into a contract with the Department of Juvenile Justice to act as an agent of the state to provide voluntary supervision of children on behalf of the state in exchange for the manual labor of children and limited immunity in accordance with s. 768.28(11).

Increased fine All No