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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Michigan Mich. Comp. Laws § 780.766(13) Restitution - lien (juvenile)
An order of restitution is a judgment and lien against all property of the defendant for the amount specified in the order of restitution. The lien may be recorded as
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provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien.
Property liens All No
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Michigan Mich. Comp. Laws § 769.1a(13) Restitution - lien
An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the
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defendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien.
Property liens All Yes
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Michigan Mich. Comp. Laws § 780.826(13) Order of restitution
An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the
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defendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive restitution in the same manner as a judgment in a civil action or a lien.
Property liens Misdemeanor Yes
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Michigan Mich. Comp. Laws § 780.826(15) Offsetting tax refunds
In each case in which payment of restitution is ordered as a condition of probation, the court shall order any employed defendant to make regularly scheduled restitution payments. If the
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defendant misses 2 or more regularly scheduled payments, the court shall order the defendant to execute a wage assignment to pay the restitution. The probation officer assigned to the case shall review the case not less than twice yearly to ensure that restitution is being paid as ordered. If the restitution was ordered to be made within a specific period of time, the probation officer assigned to the case shall review the case at the end of the specific period of time to determine if the restitution has been paid in full. The final review shall be conducted not less than 60 days before the probationary period expires. If the probation officer determines at any review that restitution is not being paid as ordered, the probation officer shall file a written report of the violation with the court on a form prescribed by the state court administrative office or shall petition the court for a probation violation. The report or petition shall include a statement of the amount of the arrearage and any reasons for the arrearage known by the probation officer. The probation officer shall immediately provide a copy of the report or petition to the prosecuting attorney. If a petition or motion is filed or other proceedings are initiated to enforce payment of restitution and the court determines that restitution is not being paid or has not been paid as ordered by the court, the court shall promptly take action necessary to compel compliance.
Wage/bank account garnishment Misdemeanor Yes
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Michigan Mich. Comp. Laws § 771.3(2) Restitution by defendant convicted of misdemeanor
As a condition of probation, the court may require the probationer to do 1 or more of the following: . . . (b) Pay immediately or within the period of
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his or her probation a fine imposed when placed on probation. (c) Pay costs pursuant to subsection (5). (d) Pay any assessment ordered by the court other than an assessment described in subsection (1)(f). . . . (f) Agree to pay by wage assignment any restitution, assessment, fine, or cost imposed by the court.
Wage/bank account garnishment All No
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Michigan Mich. Comp. Laws § 257.907(11) Restitution by defendant convicted of misdemeanor
If a person fails to comply with an order or judgment issued under this section within the time prescribed by the court, the driver's license of that person shall be
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suspended under section 321a until full compliance with that order or judgment occurs. In addition to this suspension, the court may also proceed under section 908.
Driver's license suspension/impoundment All Yes
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Michigan Mich. Comp. Laws § 324.48740(3) Probation; conditions
If a defendant fails to pay the sums forfeited for a violation of subsection (1), upon conviction, the court shall either impose a sentence of probation, and as a condition
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of sentence require the defendant to satisfy the forfeiture in the amount prescribed and fix the manner and time of payment, or make a written order permitting the defendant to pay the forfeited sums in installments at the times and in the amounts as the court determines the defendant is able to pay.
Misdemeanor Yes
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Michigan Mich. Comp. Laws § 324.40119(7) Illegal killing, possessing, purchasing, or selling of game or protected animals; restitution; value of animal; order; default in payment; collection
(7) If a defendant fails to pay upon conviction the sum ordered by the court to be forfeited, the court shall either impose a sentence and, as a condition of
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the sentence, require the defendant to satisfy the forfeiture in the amount prescribed and fix the manner and time of payment, or make a written order permitting the defendant to pay the sum to be forfeited in installments at those times and in those amounts that, in the opinion of the court, the defendant is able to pay.
Payment plan/installment plan Misdemeanor Yes
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Michigan Mich. Comp. Laws § 324.40119(8) Illegal killing, possessing, purchasing, or selling of game or protected animals; restitution; value of animal; order; default in payment; collection
(8) If a defendant defaults in payment of the sum forfeited or of an installment, the court on motion of the department or upon its own motion may require the
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defendant to show cause why the default should not be treated as a civil contempt, and the court may issue a summons or warrant of arrest for his or her appearance. Unless the defendant shows that the default was not due to an intentional refusal to obey the order of the court or to a failure to make a good-faith effort to obtain the funds required for the payment, the court shall find that the default constitutes a civil contempt.
Payment plan/installment plan Misdemeanor Yes
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Michigan Mich. Comp. Laws § 324.40119(9) Illegal killing, possessing, purchasing, or selling of game or protected animals; restitution; value of animal; order; default in payment; collection
(9) If it appears that the defendant's default in the payment of the forfeiture does not constitute civil contempt, the court may enter an order allowing the defendant additional time
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for payment, reducing the amount of the forfeiture or of each installment, or revoking the forfeiture or the unpaid portion of the forfeiture, in whole or in part.
Payment plan/installment plan Misdemeanor Yes
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Michigan Mich. Comp. Laws § 780.794(13) Restitution by juvenile
An order of restitution is a judgment and lien against all property of the defendant for the amount specified in the order of restitution. The lien may be recorded as
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provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien.
Property liens All No