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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.
8 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Arizona | Ariz. Rev. Stat. Ann. § 13-812 | Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
A. After a hearing on an order to show cause pursuant to § 13-810, subsection A or B or after a hearing on a petition to revoke probation pursuant to § 13-804, subsection E or the rules of criminal procedure, the court may issue a writ of criminal garnishment for any fine, fee, restitution or incarceration costs.B. The court may order garnishment for monies that are owed to a victim or the court, the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine, fee, restitution or incarceration costs. A writ of criminal garnishment applies to any of the following: 1. The defendant's earnings as defined in § 12-1598. 2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings. 3. Monies that are held by a garnishee on behalf of a defendant. 4. The defendant's personal property that is in the possession of a garnishee. 5. If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant. 6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.
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Wage/bank account garnishment | All | No |
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Connecticut | Conn. Gen. Stat. § 18-85(b) | Compensation of inmates. Deposit in account. Disbursement priorities. |
(b) Compensation so earned shall be deposited, under the direction of the Commissioner of Correction, in an account in a savings bank or state bank and trust company in this state or an account administered by the State Treasurer. Any compensation so earned shall be paid to the inmate on the inmates release from incarceration, except that the commissioner may, while the inmate is in custody, disburse any compensation earned by such inmate in accordance with the following priorities: (1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of the inmates dependents, if any; (7) the inmates necessary travel expense to and from work and other incidental expenses; (8) deposits credited to the inmates discharge savings account under section 18-84a; (9) costs of such inmates incarceration under section 18-85a and regulations adopted in accordance with said section; and (10) payment to the clerk of the court in which an inmate, confined in a correctional facility only for payment of a fine, was convicted, such portion of such compensation as is necessary to pay such fine.
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Wage/bank account garnishment | All | No |
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Connecticut | Conn. Gen. Stat. § 18-101(b) | Disposition of Inmate Compensation |
(b) On granting privileges to any inmate under section 18-100, the commissioner or the commissioner's designee shall disburse any compensation earned by such inmate in accordance with the following priorities: (1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of such inmate's dependents, if any; (7) such inmate's necessary travel expense to and from work and other incidental expenses; (8) deposits credited to the inmate's discharge savings account under section 18-84a; and (9) costs of such inmate's incarceration under section 18-85a and regulations adopted in accordance with said section
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Wage/bank account garnishment | All | Yes |
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Connecticut | Conn. Gen. Stat. § 52-361a | Execution on wages after judgment. |
(a) Application. If a judgment debtor fails to comply with an installment payment order, the judgment creditor may apply to the court for a wage execution. The application shall contain the judgment creditor's or the judgment creditor's attorney's statement setting forth the particulars of the installment payment order and of the judgment debtor's failure to comply. The application shall be accompanied by a fee of one hundred dollars payable to the clerk of the court for the administrative costs of complying with the provisions of this section which fee may be recoverable by the judgment creditor as a taxable cost of the action.
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Wage/bank account garnishment | All | No |
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Oregon | Or. Rev. Stat. § 137.520(4) | Power of committing magistrate to parole and grant temporary release to persons confined in county jail; authority of sheriff to release county jail inmates; disposition of work release earnings |
A defendant confined in a county jail and placed upon educational release or upon work release shall, during the hours in which not so engaged or employed, be confined in the county jail unless the court by order otherwise directs or unless the sheriff otherwise directs in the absence of a contrary order by the court. The defendants net earnings shall be paid to the sheriff, who shall deduct therefrom and pay such sums as may be ordered by the court for the defendants board, restitution, fine, support of dependents and necessary personal expense. Any balance remaining shall be retained by the sheriff until the defendants discharge from custody, whereupon the balance shall be paid to the defendant.
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Wage/bank account garnishment | All | Yes |
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Oregon | Or. Rev. Stat. § 156.315(1)-(2) | Assignment of judgment to Department of Revenue. [Effective January 1, 2020] |
(1) A justice court may assign a judgment in a criminal action, as described in ORS 137.118 (1) to (5), to the Collections Unit in the Department of Revenue for the following purposes: (a) To determine whether refunds or other sums are owed to the debtor by the department; and (b) To deduct the amount of the debt from any refunds or other sums owed to the debtor by the department.
(2) If the Collections Unit determines that refunds or other sums are owed to the debtor, the department shall deduct the amount of the debt from any refunds or other sums owed to the debtor by the department. After also deducting costs of its actions under this section, the department shall remit the amount deducted from refunds or other sums owed to the debtor to the justice court that assigned the judgment. |
Wage/bank account garnishment | All | No |
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Oregon | Or. Rev. Stat. § 161.685(4)-(6) | Effect of nonpayment of fines, restitution or costs; report to consumer reporting agency; rules |
(4)Notwithstanding ORS 33.105, the term of confinement for contempt for nonpayment of fines or failure to make restitution shall be set forth in the commitment order, and shall not exceed one day for each $25 of the fine or restitution, 30 days if the fine or order of restitution was imposed upon conviction of a violation or misdemeanor, or one year in any other case, whichever is the shorter period.
(5) If it appears to the satisfaction of the court that the default in the payment of a fine or restitution is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of the payment or installments due on the payment, or revoking the fine or order of restitution in whole or in part. (6) A default in the payment of a fine or costs or failure to make restitution or a default on an installment on a fine, costs or restitution may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution or garnishment for the collection of a fine or restitution shall not discharge a defendant confined for contempt until the amount of the fine or restitution has actually been collected. |
Incarceration, Wage/bank account garnishment | All | No |
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Oregon | Or. Rev. Stat. § 137.118(3),(6)-(7) | Assignment of judgments for collection of monetary obligation; costs of collection. [Effective January 1, 2020] |
(3) A municipal or justice court may add to any judgment in a criminal action that includes a monetary obligation a fee for the cost of collection if the court gives the defendant a period of time to pay the obligation after the date of imposition of the sentence or after the date of the hearing or proceeding that results in the imposition of the financial obligation. The fee may not exceed 25 percent of the monetary obligation imposed by the court without the addition of the cost of collection and may not be more than $250. The fee shall be waived or suspended by the court if the defendant pays the monetary obligation in the manner required by the court.
(6) If part of a judgment in a criminal action, as described in subsections (1) to (5) of this section, is payable to the State of Oregon, a municipal court may assign the judgment to the Collections Unit in the Department of Revenue for the following purposes: (a) To determine whether refunds or other sums are owed to the debtor by the department; and (b) To deduct the amount of debt from any refunds or other sums owed to the debtor by the department. (7) If the Collections Unit determines that refunds or other sums are owed to the debtor, the department shall deduct the amount of the debt from any refunds or other sums owed to the debtor by the department. After also deducting costs of its actions under subsections (6) to (8) of this section, the department shall remit the amount deducted from refunds or other sums owed to the debtor to the municipal court that assigned the judgment. |
Collection fee/interest, Wage/bank account garnishment | All | No |
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