Poverty Penalties and Poverty Traps

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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.

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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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Indiana Burns Ind. Code Ann. § 33-37-5-22 (b) Applicability — Late Payment Fee — Requirement to Pay — Defendant Not Indigent

A court may adopt a local rule to impose a late payment fee under this section on defendants described in subsection (a).

Increased fine All No
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Indiana Ind. Code § 35-38-1-18 (d)(2)-(3) Payment of Fines

(d) Upon any default in the payment of the fine:... (2) the court may direct that the person, if the person is not indigent, be committed to the county jail

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and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings or order the convicted person’s wages, salary, and other income garnished in accordance with IC 24-4.5-5-105 to enforce the court’s order for payment of the fine.

Incarceration, Wage/bank account garnishment All No
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Indiana Ind. Code § 35-38-2-1.7 (d) Payment of Probation User’s Fee — Lien — Garnishment

If a court orders a person to pay a probation user's fee under section 1 or 1.5 of this chapter, the court may garnish the wages, salary, and other income

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earned by the person to enforce the order.

Wage/bank account garnishment All No
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Indiana Ind. Code § 33-37-4-10 Itemized Fee Bills — Duty of Sheriff to Collect

(a) Not later than seventy-five (75) days after judgment is entered in an action, the clerk shall issue an itemized fee bill for the collection of fees that were charged

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against the party in that action and that remain unpaid. The clerk shall present the fee bill for collection to the sheriff of a county in which the debtor party resides or in which the debtor party has property.(b) The sheriff shall do the following: (1) Collect the amount due under the fee bill. (2) Return the fee bill to the clerk not more than sixty (60) days after the day the fee bill was issued. (c) After presented to the sheriff, a fee bill has the effect of an execution and operates as a lien upon the real and personal property of the debtor. (d) A successor of an officer may issue fee bills for the fees of the officer's predecessors in office in the manner provided under this chapter. A clerk may issue the fee bills of the sheriff or the former sheriffs of the county in the same manner.

Property liens All Yes
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Indiana Burns Ind. Code Ann. § 33-37-2-3 (a)(4); (d) Indigency Hearing — Suspension of Costs — Default — Fees for Representation — Rights and Protections

(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent,

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the court shall order the person to pay: ... (4) the entire amount of the costs at some later date, less any amount credited under subsections (g) through (i) for the performance of: (A) allowable community service work ordered by the court as part of the person’s sentence or as part of the person’s probation; or (B) uncompensated volunteer work approved by the court at a nonprofit or municipal corporation that benefits the community, even if the volunteer work is not ordered by the court. ... (d) Upon any default in the payment of the costs: (1) an attorney representing the county may bring an action on a debt for the unpaid amount; (2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings to enforce the court's order for payment of the costs.

Civil judgment, Community service, Incarceration All No
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Maine Me. Rev. Stat. tit 15 §1942 Duty of clerks to collect fines and costs or to issue process for collection

Each clerk of court, in default of payment to him of fines, forfeitures and bills of costs, shall issue warrants of distress, or such other process therefor as the court

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finds necessary to enforce the execution of any order, sentence or judgment in behalf of the State, deliver them to the sheriff, or to such constable as the district attorney directs, and enter of record the name of the officer and the time when they are delivered to him.

Other All No
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Maine Me. Rev. Stat. tit 15 §2061 Examination of records of clerks and treasurers by district attorney

District attorneys shall examine the records and files in the offices of clerks and the certificates and accounts in the offices of treasurers, relating to fines, forfeitures and bills of

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costs accruing to their counties; ascertain, so far as practicable, the cause of any delinquencies in paying over the same; and move the court for all necessary orders and processes to enforce the collection thereof.

Other All No
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Maine Me. Rev. Stat. tit 17-A § 1753 Electronic monitoring fee and substance testing fee as conditions of probation

If a court imposes a sentencing alternative authorized under section 1502 that includes a period of probation, upon the request of the Department of Corrections, the court shall attach as

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a condition of probation an electronic monitoring fee, a substance testing fee or both, as governed by section 1807, subsection 7.

Condition or extension of supervision All No
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Maine Me. Rev. Stat. tit 17-A § 1807(2)(B),(K) Conditions of probation

2. Specific conditions of probation authorized.  As a condition of probation, the court in its sentence may require the person to: B. Make restitution pursuant to chapter 69 to each

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victim of the person’s crime, or to the county where the offense is prosecuted if the identity of the victim cannot be ascertained or if the victim voluntarily refuses the restitution. If the court orders as a condition of probation that the person forfeit and pay a specific amount of restitution, that order, as a matter of law, also constitutes the imposition of restitution pursuant to chapter 69 as a sentencing alternative and an additional order regarding restitution is unnecessary;
K. Pay any monetary penalty imposed by the court as part of the sentence.

Condition or extension of supervision All No
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Maine Me. Rev. Stat. tit 17-A § 1752 Supervision fee as condition of probation

If a court imposes a sentencing alternative authorized under section 1502 that includes a period of probation, it must attach as a condition of probation that the convicted individual pay,

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through the Department of Corrections, a supervision fee imposed pursuant to section 1807, subsection 6 for the term of probation.

Condition or extension of supervision All No