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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.
83 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Alaska | Alaska Stat. Ann. § 12.55.025(f) | Sentencing Procedures |
A sentence that the defendant pay money, either as a fine or in restitution or both, constitutes a lien in the same manner as a judgment for money entered in a civil action. Nothing in this section limits the authority of the court to otherwise enforce payment of a fine or restitution.
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Property liens | All | Yes |
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Alaska | Alaska Stat. Ann. § 12.55.035(d) | Fines |
If a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments. |
Payment plan/installment plan | All | No |
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Alaska | Alaska Stat. Ann. § 12.55.051(a) | Enforcement of Fines and Restitution |
If the defendant defaults in the payment of a fine or any installment or of restitution or any installment, the court may order the defendant to show cause why the defendant should not be sentenced to imprisonment for nonpayment and, if the payment was made a condition of the defendant's probation, may revoke the probation of the defendant subject to the limits set out in AS 12.55.110.
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Condition or extension of supervision | All | No |
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Alaska | Alaska Stat. Ann. § 12.55.051(a) | Enforcement of Fines and Restitution |
If the court does not find that the default was attributable to the defendant's inability to pay despite having made continuing good faith efforts to pay the fine or restitution, the court may order the defendant imprisoned subject to the limits set out in AS 12.55.110. A term of imprisonment imposed under this section may not exceed one day for each $50 of the unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall be given toward satisfaction of the order of the court for every day a person is incarcerated for nonpayment of a fine or restitution.
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Incarceration | All | No |
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Alaska | Alaska Stat. Ann. § 12.55.055(c) | Community work |
The court may offer a defendant convicted of an offense the option of performing community work in lieu of a fine, surcharge, or portion of a fine or surcharge if the court finds the defendant is unable to pay the fine. The value of community work in lieu of a fine is the state's minimum wage for each hour.
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Community service | All | No |
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Alaska | AK Const. Art. 1, § 17 | Imprisonment for Debt |
There shall be no imprisonment for debt. This section does not prohibit civil arrest of absconding debtors. |
Incarceration | All | Yes |
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Alaska | Alaska Stat. Ann. § 12.55.041(d) | Correctional Facility Surcharge |
The court shall include a surcharge imposed under (a) of this section in the judgment of conviction. The court shall include the imposition of a surcharge under (c) of this section in the order revoking probation. For a surcharge that is not paid by the person as required by this section, the state shall seek reimbursement from the person's permanent fund dividend as provided under AS 43.23.065. For purposes of collection and priority of attachment under AS 43.23.065, a surcharge imposed under this section is accounted for in the same manner as a cost of imprisonment under AS 28.35.030(k) and 28.35.032(o). The state may enforce payment of a surcharge under this section under AS 09.35 as if it were a civil judgment enforceable by execution. This subsection does not limit the authority of the court to enforce surcharges.
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Property liens | All | Yes |
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Alaska | Alaska Stat. Ann. § 12.55.045(c) | Restitution and Compensation |
If a defendant is sentenced to pay restitution, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If the defendant fails to make one or more payments required under this section, the victim or the state on the victim's behalf may enforce the total amount remaining under the order of restitution as provided in (l) of this section.
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Payment plan/installment plan | All | 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 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.
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Civil judgment | All | Yes |
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Alaska | Alaska Stat. § 12.55.039(b) | Surcharge |
A court may not fail to impose the surcharge required under this section. The surcharge may not be waived, deferred, or suspended. A court may allow a defendant who is unable to pay the surcharge required to be imposed under this section to perform community work under AS 12.55.055(c) in lieu of the surcharge.
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Community service | All | No |
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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 of court. Proceedings to collect the surcharge may be instituted by the state, the municipality, or by the court on its own motion.
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Civil judgment | All | Yes |
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Alaska | Alaska Stat. § 12.55.035(d) | Fines |
If a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments. |
Payment plan/installment plan | All | No |
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Delaware | 10 Del. C. § 8603(e) | Nonpayment of Costs |
A default in the payment of defense costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of such payment shall not discharge a defendant committed for imprisonment for contempt until the full amount of the fine has actually been collected. The court shall have the power to pursue civil enforcement to obtain the money due on behalf of the State, and to also pursue criminal remedies when civil means are not effective.
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Civil judgment | All | No |
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Delaware | 10 Del. C. § 8603(b);(c) | Nonpayment of Costs |
(b) If there has been no former citation for contempt, the term of imprisonment for contempt for the nonpayment of defense costs shall be set forth in the commitment order, and shall not exceed 1 day for each $ 25 of the full amount. In no event shall imprisonment exceed 30 days if the fine was imposed upon conviction of a violation or misdemeanor. In all other cases, the court may impose a term of imprisonment not to exceed 1 year. A person committed for nonpayment shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order. (c) Upon a second or subsequent citation for contempt and unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make good faith effort to make the payment, the court may find that such default constitutes contempt and may order the defendant committed until the payment, or a specified part thereof, is paid.
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Incarceration | All | No |
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Delaware | 10 Del. C. § 8603(e) | Nonpayment of Costs |
A default in the payment of defense costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of such payment shall not discharge a defendant committed for imprisonment for contempt until the full amount of the fine has actually been collected. The court shall have the power to pursue civil enforcement to obtain the money due on behalf of the State, and to also pursue criminal remedies when civil means are not effective.
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Incarceration | All | No |
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Delaware | 10 Del. C. § 8709 | Neglect or Refusal to Pay Fees; Penalty |
Whoever neglects or refuses to pay the fees provided for in §§ 8707 and 8708 of this title, for any service performed within 10 days after written demand from the officer to whom such fees are due, shall be fined $ 10 besides costs of suit.
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Increased fine | All | Yes |
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Delaware | 10 Del. C. § 8602(b) | Conditions of Payment |
When the court determines that a defendant must pay the costs of defense and the defendant is also placed on probation, or the imposition or execution of a sentence is suspended, the court may make payment of such costs a condition of probation or suspension of sentence.
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Condition or extension of supervision | All | No |
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Delaware | 10 Del. C. § 8602(a) | Conditions of Payment |
When the court determines that a defendant must pay the costs of defense, the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is granted, the full amount shall be payable forthwith.
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Payment plan/installment plan | All | No |
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Delaware | 11 Del. C. § 4104(e) | Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment |
Whenever any person lawfully possessed of an operator's license theretofore issued to the person by the Division of Motor Vehicles of the Department of Transportation of the State, or under the laws of any other state or territory, or of the District of Columbia, shall be arrested and charged with any violation of the traffic or criminal laws of this State, or of any political subdivision thereof, a court, as a condition of sentencing, may take and hold, as security for the payment of any fine, costs, restitution or Victims Compensation Fund assessment, the operator's license so issued to the defendant.
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Driver's license suspension/impoundment | All | No |
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Delaware | 11 Del. C. § 4104(c) | Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment |
Any court may, in its discretion, direct any person sentenced to pay a fine or restitution upon conviction of a crime, who is employed within this State or by a Delaware resident or employer, to execute an assignment of a specified periodic sum not to exceed 1/3 of the person's total earnings, which assignment shall direct the person's employer to withhold and remit that amount to this State up to the total of the fine, costs and restitution imposed.
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Wage/bank account garnishment | All | No |
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For more information, please visit cjpp.law.harvard.edu.