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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Arizona Ariz. Rev. Stat. Ann. § 13-810(D)(1) Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs

D. If the court finds that the defendant has willfully failed to pay fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused

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to make a good faith effort to obtain the  monies required for the payment, the court shall find that the default constitutes contempt and may do any of the  following: 1. Order the defendant incarcerated in the county jail until the fine, surcharge, fee, assessment, restitution or incarceration costs, or a specified part of the fine, surcharge,  fee, assessment, restitution or incarceration costs, is paid.

Incarceration 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 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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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

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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. § 137.540(1)(a),(7) Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification

(1) The court may sentence the defendant to probation subject to the following general conditions unless specifically deleted by the court. The probationer shall: (a) Pay supervision fees, fines, restitution

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or other fees ordered by the court.


(7) Failure to abide by all general and special conditions of probation may result in arrest, modification of conditions, revocation of probation or imposition of structured, intermediate sanctions in accordance with rules adopted under ORS 137.595.

Condition or extension of supervision, Incarceration, Payment plan/installment plan All No