50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
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See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
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Level of Offense
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.
17 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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California | Cal. Rules of Court 4.435(b) | Sentencing on revocation of probation, mandatory supervision, and postrelease community supervision |
(b) On revocation and termination of probation under section 1203.2, when the sentencing judge determines that the defendant will be committed to prison or county jail under section 1170(h):(1) If the imposition of sentence was previously suspended, the judge must impose judgment and sentence after considering any findings previously made and hearing and determining the matters enumerated in rule 4.433(c).The length of the sentence must be based on circumstances existing at the time probation was granted, and subsequent events may not be considered in selecting the base term or in deciding whether to strike the additional punishment for enhancements charged and found.
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Incarceration | All | No |
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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 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.
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Condition or extension of supervision | Misdemeanor, Felony | No |
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California | Cal. Pen. Code § 1205(b) | Judgment imposing fine; Imprisonment pending payment; Default; Fee for processing accounts receivable; Limitation |
(b) Except as otherwise provided in case of fines imposed, as a condition of probation, the defendant shall pay the fine to the clerk of the court, or to the judge if there is no clerk, unless the defendant is taken into custody for nonpayment of the fine, in which event payments made while he or she is in custody shall be made to the officer who holds the defendant in custody, and all amounts paid shall be paid over by the officer to the court that rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part of that fine, or if there is no clerk, the court shall take notice of the default. If time has been given for payment of a fine or it has been made payable in installments, the court shall, upon any default in payment, immediately order the arrest of the defendant and order him or her to show cause why he or she should not be imprisoned until the fine or installment is satisfied in full. If the fine or installment is payable forthwith and it is not paid, the court shall, without further proceedings, immediately commit the defendant to the custody of the proper officer to be held in custody until the fine or installment is satisfied in full.
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Incarceration | Misdemeanor, Felony | No |
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Missouri | Mo. Ann. Stat. § 559.016(3) | Terms of probation - extension |
The court may extend a period of probation, however, no more than one extension of any probation may be ordered except that the court may extend the total time on probation by one additional year by order of the court if the defendant admits he or she has violated the conditions of his or her probation or is found by the court to have violated the conditions of his or her probation.
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Condition or extension of supervision | All | No |
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Missouri | Mo. Ann. Stat. § 559.021(2)(1) | Conditions of probation--compensation of victims--free work, public or charitable--defendant not an employee for workers’ compensation purposes--payment to county restitution fund, when |
In addition to such other authority as exists to order conditions of probation, the court may order such conditions as the court believes will serve to compensate the victim, any dependent of the victim, any statutorily created fund for costs incurred as a result of the offender's actions, or society. Such conditions may include restorative justice methods pursuant to section 217.777, or any other method that the court finds just or appropriate including, but not limited to: (1) Restitution to the victim or any dependent of the victim, or statutorily created fund for costs incurred as a result of the offender's actions in an amount to be determined by the judge.
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Condition or extension of supervision | All | No |
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Missouri | Mo. Ann. Stat. § 476.120 | Punishment for contempt |
Punishment for contempt may be by fine or imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court. |
Incarceration, Increased fine | All | No |
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Missouri | Mo. Ann. Stat. § 488.020 | Collection of court costs, when, how |
Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the fee, the court may hold the party in contempt.
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Incarceration, Increased fine, Other | All | No |
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Missouri | Mo. Rev. Stat. § 488.020(3)-(4) | Collection of court costs, when, how |
The supreme court may provide by rule for imposition of interest on any court costs not paid within thirty days of when due. If any court cost is not paid when due, the following actions may be taken:
(3) Upon notification to the party from whom the court cost is due, and upon failure to pay the fee after such notice, the court may inform the office of administration of any delinquencies in excess of twenty-five dollars. Upon receiving such notice, and without further notice by the office of administration to the defaulting party, the office of administration shall deduct the amount of unpaid court costs from any payment by the state to the defaulting party under any provision of law. The office of administration shall transmit the amount set off to the court, and shall send the excess amount to the payee, with a notice that the remainder of the refund was transmitted to the court in satisfaction of all or part of the unpaid court costs. The office of administration and its officials and employees shall not be liable to any person for any action taken in accordance with the requirements of this subdivision. Any proceeding contesting any action taken by a court or the office of administration pursuant to this subdivision shall be brought in the court which certified such unpaid fees to the office of administration, and shall be deemed ancillary to the proceeding for which such unpaid fees were assessed. No appearance, responsive pleading or discovery shall be due from the office of administration in such proceeding except upon order of the court; (4) Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the fee, the court may hold the party in contempt.
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Collection fee/interest, Incarceration, Increased fine, Other, Wage/bank account garnishment | All | No |
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Missouri | Mo. Const. Art. 1, § 11 | Imprisonment for debt |
That no person shall be imprisoned for debt, except for nonpayment of fines and penalties imposed by law. |
Incarceration | All | No |
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Missouri | Mo. Ann. Stat. § 600.093 | Probation, payment for services may be condition |
The court may require a defendant to repay all or a part of the value of the legal services rendered by the state public defender system as a condition of probation.
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Condition or extension of supervision | All | No |
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Missouri | Mo. Ann. Stat. § 558.006(5) | Response to nonpayment |
Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized for the enforcement of money judgments. |
Incarceration, Property liens, Wage/bank account garnishment | All | No |
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Missouri | Mo. Ann. Stat. § 545.02 | Recovery of fine or forfeiture, how |
Whenever a fine, penalty or forfeiture is or may be inflicted by any statute of this state for any offense, the same may be recovered by indictment or information, notwithstanding another or different remedy for the recovery of the same may be specified in the law imposing the fine, penalty or forfeiture; provided, that in all cases the fine, penalty or forfeiture shall go to the state, county, corporation, person or persons to whom the law imposing the same declares it shall accrue.
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Incarceration, Increased fine | All | No |
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Missouri | Mo. Ann. Stat. § 559.105 | Restitution may be ordered for tampering and stealing offenses--limitation on release from probation--payment |
1. Any person who has been found guilty of or has pled guilty to an offense may be ordered by the court to make restitution to the victim for the victim's losses due to such offense. Restitution pursuant to this section shall include, but not be limited to a victim's reasonable expenses to participate in the prosecution of the crime.
2. No person ordered by the court to pay restitution pursuant to this section shall be released from probation until such restitution is complete. If full restitution is not made within the original term of probation, the court shall order the maximum term of probation allowed for such offense. 3. Any person eligible to be released on parole shall be required, as a condition of parole, to make restitution pursuant to this section. The board of probation and parole shall not release any person from any term of parole for such offense until the person has completed such restitution, or until the maximum term of parole for such offense has been served. 4. The court may set an amount of restitution to be paid by the defendant. Said amount may be taken from the inmate's account at the department of corrections while the defendant is incarcerated. Upon conditional release or parole, if any amount of such court-ordered restitution is unpaid, the payment of the unpaid balance may be collected as a condition of conditional release or parole by the prosecuting attorney or circuit attorney under section 559.100. The prosecuting attorney or circuit attorney may refer any failure to make such restitution as a condition of conditional release or parole to the parole board for enforcement. |
Condition or extension of supervision | All | No |
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Missouri | Mo. Rev. Stat. § 600.089 | Parolees to pay for representation, when |
If the public defender commission has obtained a judgment against an offender in the custody of the department of corrections, and the offender is later paroled and becomes financially able to pay all or some part of such judgment, he shall be required, as a condition of his continued parole, to pay over to the public defender commission such amounts as he can reasonably pay, either by a single payment or by installments of reasonable amounts, in accordance with the schedule of charges for public defender services prepared pursuant to section 600.090.
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Condition or extension of supervision | All | No |
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Washington DC | DC ST § 16-706 | Enforcement of judgments; commitment upon non-payment of fine |
The Superior Court may enforce any of its judgments rendered in criminal cases by fine or imprisonment, or both. Except as otherwise provided by law, and subject to the relief + See moreprovided in section 3569 of title 18, United States Code, in any case where the court imposes a fine, the court may, in the event of default in the payment of the fine imposed, commit the defendant for a term not to exceed one year.
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Incarceration | All | No |
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Washington DC | DC ST § 11-741 | Contempt powers (DC Court of Appeals) |
(a) Subject to the limitation described in subsection (b), and in addition to the powers conferred by section 402 of title 18, United States Code, the District of Columbia Court + See moreof Appeals, or a judge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court....
(3)(A) An individual imprisoned for 6 consecutive months for civil contempt for disobedience of an order in a proceeding described in paragraph (1) who continues to disobey such order may be prosecuted for criminal contempt for disobedience of such order at any time before the expiration of the 12-month period that begins on the first day of such individual's imprisonment, except that an individual so imprisoned as of the date of the enactment of this subsection may be prosecuted under this subsection at any time during the 90-day period that begins on the date of the enactment of this subsection.
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Incarceration | All | No |
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Washington DC | DC ST § 11-944 | Contempt power (Superior Court of DC) |
(a) Subject to the limitation described in subsection (b), and in addition to the powers conferred by section 402 of title 18, United States Code, the Superior Court, or a + See morejudge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court....
(3)(A) An individual imprisoned for 6 consecutive months for civil contempt for disobedience of an order in a proceeding described in paragraph (1) who continues to disobey such order may be prosecuted for criminal contempt for disobedience of such order at any time before the expiration of the 12-month period that begins on the first day of such individual's imprisonment, except that an individual so imprisoned as of the date of the enactment of this subsection may be prosecuted under this subsection at any time during the 90-day period that begins on the date of the enactment of this subsection.
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Incarceration | All | No |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.