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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
Add to Dashboard + Create New	California	Cal. Pen. Code § 273a(c)(3)(B)	Endangering child or causing or permitting child to suffer physical pain, mental suffering, or injury; Conditions of probation	(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall + See more probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant’s changed circumstances, the court may reduce or waive the fees.	Condition or extension of supervision	Misdemeanor, Felony	No
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A § 1751(6)(B)	Assessment of reimbursement fee against prisoners	6. Motion to enforce payment of reimbursement fee. The attorney for the State, the attorney for the county or the court may initiate a motion to enforce payment of a reimbursement + See more fee. Notification for the hearing on the motion must be sent by regular mail to the individual's last known address. If the individual does not appear for the hearing after proper notification has been sent, the court may issue a bench warrant. B. If it appears that the default is excusable, the court may give the offender additional time for payment or may reduce the amount of each installment.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Maine	Me. Rev. Stat. tit 17-A § 1807(8)	Conditions of probation	8. Condition of probation that includes staying within jurisdiction of court; application fee; use of fees. Whenever the court requires as a condition of probation that the person remain within the + See more jurisdiction of the court, unless permission to leave temporarily is granted in writing by the person's probation officer, the Department of Corrections may impose on a person applying for such permission an application fee of $25. The department may impose on a person an additional fee of $25 per month if permission is sought and granted to leave the jurisdiction of the court on a periodic basis. Permission to leave may not be denied or withdrawn solely because the person is not able to pay the application fee or the additional fee. When a person fails to pay a fee imposed under this subsection, the department may refuse to process the application or may withdraw permission to leave if the failure to pay is attributable to the person's willful refusal to pay or to a failure on the person's part to make a good faith effort to obtain the funds required for the payment.	Condition or extension of supervision	Felony	No
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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, + See more 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
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 41-2-128(5)	Prisoners who may apply for release -- Procedure.	(5) (A) The judge shall, at the time of sentencing, cause the sentencing order to reflect the defendant's cost of incarceration and treatment and shall affix to the order, + See more taking into consideration the defendant's ability to pay, the time and manner in which the costs are to be paid. The court shall enter the necessary orders requiring that the costs of incarceration and treatment be paid or secured, including, but not limited to, orders of probation that include, as a condition thereof, the payment of costs covered by this subdivision (c)(5).	Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.135(1)(d),(1a)	Stay of Imposition or Execution of Sentence	(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, payment is due on the date imposed unless the court otherwise establishes a due date or + See more a payment plan. Subd. 1a. Failure to pay restitution. If the court orders payment of restitution as a condition of probation and if the defendant fails to pay the restitution in accordance with the payment schedule or structure established by the court or the probation officer, the prosecutor or the defendant's probation officer may, on the prosecutor's or the officer's own motion or at the request of the victim, ask the court to hold a hearing to determine whether or not the conditions of probation should be changed or probation should be revoked. The defendant's probation officer shall ask for the hearing if the restitution ordered has not been paid prior to 60 days before the term of probation expires. The court shall schedule and hold this hearing and take appropriate action, including action under subdivision 2, paragraph (g), before the defendant's term of probation expires. Nothing in this subdivision limits the court's ability to refer the case to collections under section 609.104 when a defendant fails to pay court-ordered restitution.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 609.3455(8)(c)	Dangerous sex offenders; life sentences; conditional release	If the offender fails to meet any condition of release, the commissioner may revoke the offender's conditional release and order that the offender serve all or a part of the + See more remaining portion of the conditional release term in prison. An offender, while on supervised release, is not entitled to credit against the offender's conditional release term for time served in confinement for a violation of release.	Condition or extension of supervision, Incarceration	All	No
Add to Dashboard + Create New	Minnesota	Minn. Stat. Ann. § 628.29(4)	Pretrial diversion program for writers of dishonored checks	Program components. (a) At a minimum, the pretrial diversion program must require offenders to: (1) successfully complete an appropriate educational class or classes at their own expense which includes information + See more on writing checks and managing money; (2) make full restitution to the victim of the offense; and (3) pay appropriate penalties under section 604.113, subdivision 2, paragraph (a).	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Minnesota	M.S.A. § 609.135(1)	Stay of imposition or execution of sentence	Except when a sentence of life imprisonment is required by law, or when a mandatory minimum sentence is required by section 609.11, any court may stay imposition or execution of + See more sentence and: (1) may order intermediate sanctions without placing the defendant on probation; or (2) may place the defendant on probation with or without supervision and on the terms the court prescribes, including intermediate sanctions when practicable . . . (b) For purposes of this subdivision, subdivision 6, and section 609.14, the term “intermediate sanctions” includes but is not limited to incarceration in a local jail or workhouse, home detention, electronic monitoring, intensive probation, sentencing to service, reporting to a day reporting center, chemical dependency or mental health treatment or counseling, restitution, fines, day-fines, community work service, work service in a restorative justice program, work in lieu of or to work off fines and, with the victim's consent, work in lieu of or to work off restitution.	Condition or extension of supervision	All	No

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