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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.
57 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Maine | Me. Rev. Stat. tit 17-A § 2016(1) | Work program release; restitution |
A prisoner who has been ordered to pay restitution or fines may not be released pursuant to a work program administered by the Department of Corrections under Title 34-A, section 3035, or a sheriff under Title 30-A, section 1605, or participate in an industry program under Title 34-A, section 1403, subsection 9 or any other program administered by the Department of Corrections or a sheriff by which a prisoner is able to generate money, unless the prisoner consents to pay at least 25% of the prisoner's gross weekly wages or other money generated to the victim or the court until such time as full restitution has been made or the fine is paid in full.
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Wage/bank account garnishment | All | No |
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Maine | Me. Rev. Stat. tit 17-A § 1751(6)(A) | County jail reimbursement fee |
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 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.
A. Unless the individual shows by a preponderance of the evidence that the default was not attributable to an intentional or knowing refusal to obey the court's order or to a failure on the individual's part to make a good faith effort to obtain the funds required to make payment, the court shall find that the default was unexcused and may commit the individual to the custody of the sheriff until all or a specified part of the reimbursement fee is paid. The length of confinement in a county jail for unexcused default must be specified in the court's order and may not exceed 6 months. An individual committed for nonpayment of a reimbursement fee is given credit toward the payment of a reimbursement fee for each day of confinement that the individual is in custody, at the rate specified in the court's order, which may not be less than $25 or more than $100 of unpaid reimbursement fee for each day of confinement. The individual is also given credit for each day that the individual has been detained as the result of an arrest warrant issued pursuant to this section. An individual is responsible for paying any reimbursement fee remaining after receiving credit for confinement and detention. |
Incarceration | All | No |
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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 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 |
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Maine | Me. Rev. Stat. tit 17-A § 1807(6) | Conditions of probation |
When a person on probation fails to pay the supervision fee, the court may revoke probation as specified in section 1206, unless the person shows that failure to pay was not attributable to a willful refusal to pay or to a failure on that person's part to make a good faith effort to obtain the funds required for the payment. The court, if it determines that revocation of probation is not warranted, shall issue a judgment for the total amount of the fee and shall issue an order attaching a specified portion of money received by or owed to the person on probation until the total amount of the fee has been paid. If the person makes this showing, the court may allow additional time for payment within the remaining period of probation or reduce the size of the fee to as low as $10 per month, but may not revoke the requirement to pay the fee unless the remaining period of probation is 30 days or less.
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Incarceration | All | No |
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Maine | Me. Rev. Stat. tit 29-A § 2608 | Suspension for failure to appear, answer or pay a fine in a traffic infraction offense |
If a person fails to answer in any traffic infraction proceeding under Title 23, section 1980 or any traffic infraction provision of this Title by the date specified in the Violation Summons and Complaint, fails to appear for trial or pay a fine assessed in any traffic infraction proceeding, the clerk shall suspend the person's license or permit, right to operate a motor vehicle in this State and the right to apply for or obtain a license or permit.
If a person who is not an individual fails to appear, answer or pay a fine in a traffic infraction proceeding, the clerk shall suspend the registration of the motor vehicle involved in the offense or that person's right to operate that vehicle in the State. |
Driver's license suspension/impoundment | Traffic | Yes |
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Maine | Me. Rev. Stat. tit 17-A § 1807(7) | Conditions of probation |
7. Electronic monitoring and substance testing fees; determination of amount by court; failure to pay; use of fees. Upon the request of the Department of Corrections, the court shall attach as a condition of probation that the person pay, through the department, an electronic monitoring fee, a substance testing fee or both, as determined by the court, for the term of probation. In determining the amount of the fees, the court shall take into account the financial resources of the person and the nature of the burden the payment imposes. A person may not be sentenced to imprisonment without probation solely for the reason the person is not able to pay the fees. When a person on probation fails to pay the fees, the court may revoke probation as specified in section 1812, unless the person shows that failure to pay was not attributable to a willful refusal to pay or to a failure on that person's part to make a good faith effort to obtain the funds required for the payment.
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Incarceration | All | No |
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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 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.
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Condition or extension of supervision | Felony | No |
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Maine | Me. Rev. Stat. tit 4 § 7 | General jurisdiction; control of records |
The Supreme Judicial Court may exercise its jurisdiction according to the common law not inconsistent with the Constitution or any statute, and may punish contempts against its authority by fine and imprisonment, or either, and administer oaths.
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Incarceration | All | No |
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Maine | Me. Rev. Stat. tit 4 § 7 | General jurisdiction; control of records |
The Supreme Judicial Court may exercise its jurisdiction according to the common law not inconsistent with the Constitution or any statute, and may punish contempts against its authority by fine and imprisonment, or either, and administer oaths.
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Increased fine | All | No |
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Maine | Me. Rev. Stat. tit 17-A § 1854(2)(A) | Requirements of administrative release |
2. Discretionary requirements. In addition to the requirements in subsection 1, the court in its sentence may require the person: A. To pay to the appropriate county an administrative supervision fee of not more than $50 per month, as determined by the court, for the term of the administrative release. In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. When a person fails to pay the administrative supervision fee, the court may revoke administrative release as provided in sections 1855 and 1856 unless the person shows that failure to pay was not attributable to a willful refusal to pay or to a failure on that person's part to make a good faith effort to obtain the funds required for the payment.
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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 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.
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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 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.
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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 a condition of probation an electronic monitoring fee, a substance testing fee or both, as governed by section 1807, subsection 7.
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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 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, through the Department of Corrections, a supervision fee imposed pursuant to section 1807, subsection 6 for the term of probation.
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Condition or extension of supervision | All | No |
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Wyoming | Wyo. Stat. Ann. § 7-18-114 | Record and disbursement of wages; exemption from process; confidentiality of amount |
(a) Wages earned by an inmate, parolee or offender while in an adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed for the purposes provided in this subsection and in the order specified: (i) Personal necessities; (ii) Room and board to the program operator at a rate to be established by the department; (iii) Support of dependent relations; (iv) Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1-40-119, victims compensation obligations under W.S. 1-40-112(g) and the surcharge imposed under W.S. 7-13-1616; (v) Repealed by Laws 1999, ch. 62, § 2. (vi) Costs of health insurance; and (vii) Remaining funds shall be paid to the inmate, parolee or offender upon parole or final discharge.
(b) Wages earned by offenders, other than parolees or inmates, while in a residential adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed only for the purposes and in the order specified in subsection (a) of this section unless otherwise ordered by the sentencing court. Any remaining funds shall be paid to the offender upon his satisfactory discharge from the program. Upon revocation of an offender's probation, the program operator shall forward any remaining funds to the court or to the institution to which the offender is sentenced as directed by the court. (c) Program operators shall keep an accurate record and account of all wages earned by inmates, parolees and offenders pursuant to the rules promulgated by the department. (d) The earnings of inmates under this act are not subject to garnishment, attachment or execution. (e) Information relating to the amount of wages earned by an inmate, parolee or offender in an adult community corrections program is confidential and is not subject to public inspection. |
Wage/bank account garnishment | All | Yes |
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Wyoming | Wyo. Stat. Ann. § 7-16-101 | Persons subject to required work |
(a) The sentencing court may require the following persons to perform work pursuant to W.S. 7-16-101 through 7-16-104: (i) Persons sentenced to a definite term of imprisonment in the county jail, whether or not a fine is imposed as a part of the sentence; (ii) Persons committed to jail pursuant to W.S. 6-10-105 for refusal to pay a fine or costs; and (iii) Persons for whom work is imposed as a condition of probation pursuant to W.S. 7-13-304(b). (b) No person charged with a crime and awaiting the action of the grand jury or awaiting trial shall be required to perform work pursuant to W.S. 7-16-101 through 7-16-104.
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Condition or extension of supervision, Work program/jail industry program | All | No |
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Wyoming | Wyo. Stat. Ann. § 6-10-105 | Commitment for refusal to pay fine or costs; rate per day |
A person committed to jail for willfully refusing to pay a fine or costs may be imprisoned if the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, until the imprisonment, at the rate of fifteen dollars ($15.00) per day, equals the amount of the fine or costs, or the amount shall be paid or secured to be paid when he is discharged.
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Incarceration | All | No |
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Wyoming | Wyo. Stat. Ann. § 7-11-504 | Commitment until fine and costs paid |
If a defendant sentenced to pay a fine or costs defaults in payment, the court may order the defendant to show cause why he should not be committed to jail. If the court finds that the defendant's default is willful or is due to a failure on defendant's part to make a good faith effort to obtain the funds required for the payment and the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, the court may order him committed until the fine or costs, or a specified part thereof, is paid. The defendant shall be given a credit for each day of imprisonment at the rate provided by W.S. 6 10 105, and may earn additional credits against his fine or costs for work performed as provided by W.S. 7 16 101 through 7 16 104.
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Incarceration | All | No |
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Wyoming | Wyo. Stat. Ann. § 7-16-104 | Labor by prisoners. County jail. Credits. |
7-16-104. Credits. (a) The sentencing court may reduce the term of a sentence, fine, costs or attorney fees of a prisoner sentenced to imprisonment or placed on probation, for work performed under W.S. 7-16-101 through 7-16-104.
(b) If a reduction is ordered pursuant to subsection (a) of this section, the reduction shall be: (i) At the rate of one (1) day for each eight (8) hours of work performed under W.S. 7-16-101 through 7-16-104, provided the reduction in sentence shall not exceed one-half (1/2) of the original sentence; (ii) In an amount equal to the federal minimum hourly wage for each hour of work performed provided that the total amount of reduction in the fine, costs or attorney fees shall not exceed one-half (1/2) of the total amount of the fine, costs and attorney fees. (c) The court shall direct whether the credits under subsection (b) of this section shall apply against the prisoner's term of imprisonment, his fine, court costs, attorney fees or other fees imposed by the court. (d) A person committed to county jail for refusal to pay a fine or costs shall, in addition to the credit allowed by W.S. 6-10-105, be granted a credit against his fine or costs in an amount equal to the federal minimum hourly wage for each hour of work performed. |
Work program/jail industry program | All | Yes |
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