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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New York N.Y. Judiciary Law § 753 Power of Courts to punish Civil Contempts
A. A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy
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of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced, in any of the following cases: 3. A party to the action or special proceeding, an attorney, counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution can not be awarded for the collection of such sum except as otherwise specifically provided by the civil practice law and rules; or for any other disobedience to a lawful mandate of the court.
Incarceration All No
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New York N.Y. Judiciary Law § 753 Power of Courts to punish Civil Contempts
A. A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy
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of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced, in any of the following cases: 3. A party to the action or special proceeding, an attorney, counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution can not be awarded for the collection of such sum except as otherwise specifically provided by the civil practice law and rules; or for any other disobedience to a lawful mandate of the court.
Increased fine All No
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New York N.Y. C.P.L.R. 5226 Installment Payment Order
Upon motion of the judgment creditor, upon notice to the judgment debtor, where it is shown that the judgment debtor is receiving or will receive money from any source, or
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is attempting to impede the judgment creditor by rendering services without adequate compensation, the court shall order that the judgment debtor make specified installment payments to the judgment creditor.
Payment plan/installment plan All Yes
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New York N.Y. C.P.L.R. 5231 Income Execution
(a) Form. An income execution shall specify, in addition to the requirements of subdivision (a) of section 5230, the name and address of the person or entity from whom the
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judgment debtor is receiving or will receive money; the amount of money, the frequency of its payment and the amount of the installments to be collected therefrom; and shall contain a notice to the judgment debtor that he or she shall commence payment of the installments specified to the sheriff forthwith and that, upon his or her default, the execution will be served upon the person or entity from whom he or she is receiving or will receive money.
Wage/bank account garnishment All No
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New York N.Y. C.P.L.R. 5232 Levy Upon Personal Property
(a) Levy by service of execution. The sheriff or support collection unit designated by the appropriate social services district shall levy upon any interest of the judgment debtor or obligor
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in personal property not capable of delivery, or upon any debt owed to the judgment debtor or obligor, by serving a copy of the execution upon the garnishee, in the same manner as a summons, except that such service shall not be made by delivery to a person authorized to receive service of summons solely by a designation filed pursuant to a provision of law other than rule 318.
Property liens All Yes
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New York N.Y. C.P.L.R. 5235 Levy Upon Real Property
After the expiration of ten years after the filing of the judgment-roll, the sheriff shall levy upon any interest of the judgment debtor in real property, pursuant to an execution
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other than one issued upon a judgment for any part of a mortgage debt upon the property, by filing with the clerk of the county in which the property is located a notice of levy describing the judgment, the execution and the property. The clerk shall record and index the notice against the name of the judgment debtor, or against the property, in the same books, and in the same manner as a notice of the pendency of an action.
Property liens All Yes
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New York N.Y. Crim. Proc. Law § 420.10(1)(c) Payment as condition of probation
Where the defendant is sentenced to a period of probation as well as a fine, restitution or reparation and such designated surcharge, the court may direct the payment of the
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fine, restitution or reparation and such designated surcharge be a condition of the sentence
Condition or extension of supervision All No
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Texas Tex. Code Crim. Proc. Art 43.09 (f),(j)-(k) Fine Discharged

(f) A court may require a defendant who is unable to pay a fine or costs to discharge all or part of the fine or costs by performing community service.

(j) A court

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may not order a defendant to perform more than 16 hours per week of community service under Subsection (f) unless the court determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s dependents.

(k) A defendant is considered to have discharged $100 of fines or costs for each eight hours of community service performed under Subsection (f) of this article

Community service All No
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Texas Tex. Code Crim. Proc. art. 42.15(c) Fines and Costs

When imposing a fine and costs in a misdemeanor case, if the court determines that the defendant is unable to immediately pay the fine and costs, the court shall allow

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the defendant to pay the fine and costs in specified portions at designated intervals.

Payment plan/installment plan Misdemeanor Yes
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Texas Tex. Code Crim. Proc. Art. 42A.752(a)-(b) Continuation or Modification of Community Supervision After Violation

(a) If after a hearing under Article 42A.751(d) a judge continues or modifies community supervision after determining that the defendant violated a condition of community supervision, the judge may impose any

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other conditions the judge determines are appropriate, including: (1) a requirement that the defendant perform community service for a number of hours specified by the court under Article 42A.304, or an increase in the number of hours that the defendant has previously been required to perform under that article in an amount not to exceed double the number of hours permitted by that article; (2) an extension of the period of community supervision, in the manner described by Article 42A.753; (3) an increase in the defendant’s fine, in the manner described by Subsection (b); or (4) the placement of the defendant in a substance abuse felony punishment program operated under Section 493.009, Government Code . . . 

(b) A judge may impose a sanction on a defendant described by Subsection (a)(3) by increasing the fine imposed on the defendant. The original fine imposed on the defendant and an increase in the fine imposed under this subsection may not exceed the maximum fine for the offense for which the defendant was sentenced. The judge shall deposit money received from an increase in the defendant’s fine under this subsection in the special fund of the county treasury to be used for the same purposes for which state aid may be used under Chapter 76, Government Code.

Community service, Extension of probation/supervision, Increased fine All No
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Texas Tex. Code Crim. Proc. Art. 43.07 Execution for Fine and Costs

In each case of pecuniary fine, an execution may issue for the fine and costs, though a capias pro fine was issued for the defendant; and a capias pro fine

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may issue for the defendant though an execution was issued against the defendant's property. The execution shall be collected and returned as in civil actions. When the execution has been collected, the defendant shall be at once discharged; and whenever the fine and costs have been legally discharged in any way, the execution shall be returned satisfied.

Property liens All No
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Texas Tex. Code Crim. Proc. Art. 42A.751(a)(8)-(9) Basic Discretionary Conditions

The judge of the court having jurisdiction of the case shall determine the conditions of community supervision. The judge may impose any reasonable condition that is designed to protect or

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restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. Conditions of community supervision may include conditions requiring the defendant to:

(8) pay in one or more amounts: (A) the defendant’s fine, if one is assessed; and (B) all court costs, regardless of whether a fine is assessed;

(9) support the defendant’s dependents

Condition or extension of supervision All No
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Texas Tex. Code Crim. Proc. Art. 42A.751(b),(e) Violation of Conditions of Community Supervision; Detention and Hearing

(b) At any time during the period of community supervision, the judge may issue a warrant for a violation of any condition of community supervision and cause the defendant to be

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arrested. Any supervision officer, police officer, or other officer with the power of arrest may arrest the defendant with or without a warrant on the order of the judge to be noted on the docket of the court. Subject to Subsection (c), a defendant arrested under this subsection may be detained in the county jail or other appropriate place of confinement until the defendant can be taken before the judge for a determination regarding the alleged violation.

(e) A judge may revoke without a hearing the community supervision of a defendant who is imprisoned in a penal institution if the defendant in writing before a court of record or a notary public in the jurisdiction where the defendant is imprisoned

Incarceration All No
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Texas Tex. Code Crim. Proc. Art. 42A.652(b) Monthly Reimbursement Fee

The judge may make payment of the monthly fee a condition of granting or continuing the community supervision.

Condition or extension of supervision All No
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Texas Tex. Gov't Code Sec. 501.014(a),(e)(2),(4)-(6) Inmate Money

(a) The department shall take possession of all money that an inmate has on the inmate’s person or that is received with the inmate when the inmate arrives at a facility

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to be admitted to the custody of the department and all money the inmate receives at the department during confinement and shall credit the money to an account created for the inmate . . .

(e) On notification by a court, the department shall withdraw from an inmate’s account any amount the inmate is ordered to pay by order of the court under this subsection. On receipt of a valid court order requiring an inmate to pay child support, the department shall withdraw the appropriate amount from the inmate’s account under this subsection, regardless of whether the court order is provided by the court or another person. The department shall make a payment under this subsection as ordered by the court to either the court or the party specified in the court order. The department is not liable for withdrawing or failing to withdraw money or making payments or failing to make payments under this subsection. The department shall make withdrawals and payments from an inmate’s account under this subsection according to the following schedule of priorities: . . . (2) as payment in full for all orders for restitution . . . (4) as payment in full for all orders for court fees and costs; (5) as payment in full for all orders for fines; and (6) as payment in full for any other court order, judgment, or writ.

Wage/bank account garnishment All Yes
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Texas Tex. Code Crim. Proc. Art. 42A.702(a)(2)-(3),(b)-(c) Time Credits for Completion of Certain Conditions of Community Supervision

(a) This article [time credit] applies only to a defendant who: (2) is not delinquent in paying required costs, fines, or fees; and (3) has fully satisfied any order to pay restitution

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to a victim.

(b) A defendant described by Subsection (a) is entitled to receive any combination of time credits toward the completion of the defendant’s period of community supervision in accordance with this article if the court ordered the defendant as a condition of community supervision to: (1) make a payment described by Subsection (c); (2) complete a treatment or rehabilitation program described by Subsection (d); or (3) earn a diploma, certificate, or degree described by Subsection (e).

(c) A defendant is entitled to time credits toward the completion of the defendant’s period of community supervision for the full payment of court costs, fines, attorney’s fees, and restitution.

Condition or extension of supervision All No
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Texas Tex. Code Crim. Proc. Art. 42A.701(b) Reduction or Termination of Community Supervision Period

On completion of one-half of the original community supervision period or two years of community supervision, whichever is more, the judge shall review the defendant's record and consider whether to

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reduce or terminate the period of community supervision, unless the defendant:(1) is delinquent in paying required costs, fines, fees, or restitution that the defendant has the ability to pay.

Condition or extension of supervision All No
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Texas Tex. Code Crim. Proc. Art. 43.09(a)-(e) Fine Discharged

(a) When a defendant is convicted of a misdemeanor and the defendant’s punishment is assessed at a pecuniary fine or is confined in a jail after conviction of a felony for

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which a fine is imposed, if the defendant is unable to pay the fine and costs adjudged against the defendant, the defendant may for such time as will satisfy the judgment be put to work in the county jail industries program, in the workhouse, or on the county farm, or public improvements and maintenance projects of the county or a political subdivision located in whole or in part in the county, as provided in Article 43.10; or if there is no such county jail industries program, workhouse, farm, or improvements and maintenance projects, the defendant shall be confined in jail for a sufficient length of time to discharge the full amount of fine and costs adjudged against the defendant; rating such confinement at $100 for each day and rating such labor at $100 for each day; provided, however, that the defendant may pay the pecuniary fine assessed against the defendant at any time while the defendant is serving at work in the county jail industries program, in the workhouse, or on the county farm, or on the public improvements and maintenance projects of the county or a political subdivision located in whole or in part in the county, or while the defendant is serving the defendant’s jail sentence, and in such instances the defendant is entitled to the credit earned under this subsection during the time that the defendant has served and the defendant shall only be required to pay the balance of the pecuniary fine assessed against the defendant. A defendant who performs labor under this article during a day in which the defendant is confined is entitled to both the credit for confinement and the credit for labor provided by this article.

(b) In its discretion, the court may order that for each day’s confinement served by a defendant under this article, the defendant receive credit toward payment of the pecuniary fine and credit toward payment of costs adjudged against the defendant. Additionally, the court may order that the defendant receive credit under this article for each day’s confinement served by the defendant as punishment for the offense.

(c) In its discretion, the court may order that a defendant serving concurrent, but not consecutive, sentences for two or more misdemeanors may, for each day served, receive credit toward the satisfaction of costs and fines imposed for each separate offense.

(d) Notwithstanding any other provision of this article, in its discretion, the court or the sheriff of the county may grant an additional two days credit for each day served to any inmate participating in an approved work program under this article or a rehabilitation, restitution, or education program.

(e) A court in a county that operates an electronic monitoring program or contracts with a private vendor to operate an electronic monitoring program under Section 351.904, Local Government Code, or that is served by a community supervision and corrections department that operates an electronic monitoring program approved by the community justice assistance division of the Texas Department of Criminal Justice, may require a defendant who is unable to pay a fine or costs to discharge all or part of the fine or costs by participating in the program. A defendant who participates in an electronic monitoring program under this subsection discharges fines and costs in the same manner as if the defendant were confined in county jail.

Work program/jail industry program Misdemeanor No
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Texas Tex. Transp. Code Ann. § 706.002 Denial of renewal of driver's license

A political subdivision may contract with the department to provide information necessary for the department to deny renewal of the driver’s license of a person who fails to appear for

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a complaint or citation or fails to pay or satisfy a judgment ordering payment of a fine and cost in the manner ordered by the court in a matter involving any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedure.

Driver's license suspension/impoundment All No
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Texas Tex. Code Crim. Proc. art. 103.0033; 1 Tex. Admin. Code § 175.1 Payment plans arise locally from Texas's Collection Improvement Plan

(a)  The purpose of this chapter is to provide notice to counties and municipalities that are subject to Article 103.0033 of the Code of Criminal Procedure of the scope and components

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of the Collection Improvement Program (CIP) model developed by the Office of Court Administration pursuant to Article 103.0033 and the standards that will be used to determine whether a county or municipality is complying with the CIP requirements.

(c)  The CIP is designed to improve the enforcement of a defendant's compliance with the payment of costs, fees, and fines that have been ordered by a court, without imposing an undue hardship on the defendant or the defendant's dependents. The CIP components should not be interpreted to conflict with or undermine the provision to defendants of full procedural and substantive rights under the constitution and laws of this state and of the United States.

(e)  The CIP applies to criminal cases in which the defendant is ordered to pay costs, fees, and fines under a payment plan.

All No