Poverty Penalties and Poverty Traps

Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.

Every law can be saved to the Reform Builder  

See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide

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.

39 Results

Export results to Excel

State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

California CA ST J ADMIN STANDARDS Standard 4.40 Traffic infraction procedures
to insure the prompt and efficient disposition of traffic infraction cases, each court should:(1) Authorize the clerk, within limits set by the court, to grant defendants extensions of time for
+ See more
the posting of bail and payment of fines.
Payment plan/installment plan Traffic No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

California Cal. Pen. Code § 1465.7(f) Proceedings in Misdemeanor and Infraction Cases: State surcharge; Transmittal to General Fund; Construction with Vehicle Code provisions

When amounts owed by an offender as a result of a conviction are paid in installment payments, payments shall be credited pursuant to Section 1203.1d. The amount of the surcharge

+ See more
established by this section shall be transmitted to the State Treasury prior to the county retaining or disbursing the remaining amount of the fines, penalties, and forfeitures imposed.

Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

California Veh. Code § 42003(a) Penalties - Public Offense: Payment of fines; Consideration of defendant’s ability to pay

A judgment that a person convicted of an infraction be punished by a fine may also provide for the payment to be made within a specified time or in specified

+ See more
installments.

Payment plan/installment plan Traffic No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

California Cal. Pen. Code § 1462.5 Proceedings in Misdemeanor and Infraction Cases: Proration of fines, penalties, forfeitures, and fees

Each installment or partial payment of a fine, penalty, forfeiture or fee shall be prorated among the state and local shares according to the uniform accounting system established by the

+ See more
State Controller pursuant to Section 71380 of the Government Code. In cases subject to Section 1463.18 of the Penal Code, proration shall not occur until the minimum amounts have been transferred to the Restitution Fund as provided in that section.

Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

California Cal. Pen. Code § 1463.010(f) Proceedings in Misdemeanor and Infraction Cases: Enforcement of court orders; Guidelines for collection program; Annual report; Business license suspension program; Amnesty

Notwithstanding any other provision of law, the Judicial Council, after consultation with the Franchise Tax Board with respect to collections under Section 19280 of the Revenue and Taxation Code, may

+ See more
provide for an amnesty program involving the collection of outstanding fees, fines, forfeitures, penalties, and assessments, applicable either statewide or within one or more counties. The amnesty program shall provide that some or all of the interest or collections costs imposed on outstanding fees, fines, forfeitures, penalties, and assessments may be waived if the remaining amounts due are paid within the amnesty period.

Collection fee/interest All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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.

Incarceration All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 12-56-50 Set off of tax refund
Subject to the limitations contained in this chapter, the department, upon request, shall render assistance in the collection of any delinquent account or debt owing to any claimant agency by
+ See more
setting off any refunds due the debtor from the department by the sum certified by the claimant agency as delinquent debt.
Wage/bank account garnishment All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 14-1-202(B) Compromise of fine
(B) The clerk of the appropriate court, or county treasurer or municipal treasurer, as appropriate, may compromise any fine, penalty, cost, fee, assessment, surcharge, service charge, restitution, or other amount
+ See more
imposed by a court or as a direct consequence of a court order to the extent necessary to collect these items. If a clerk or treasurer compromises an amount pursuant to this subsection, the proceeds representing the collected amount must be distributed pro rata to the entities that otherwise would have received the original amount.
Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 14-17-725 Installment Plan
Where criminal fines, assessments, or restitution payments are paid through installments, a collection cost charge of three percent of the payment also must be collected by the clerk of court,
+ See more
magistrate, or municipal court from the defendant and transferred to the county treasurer or city treasurer, as appropriate, for deposit to credit of the county or municipal general fund.
Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 14-25-65(B) Contempt/civil judgment
(B) A municipal judge may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay. In addition,
+ See more
a municipal judge may convert any unpaid restitution, fines, costs, fees, surcharges, and assessments to a civil judgment as provided in Section 17-25-323(C).
Property liens All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 16-3-1270 Property lien
If a person is unable at the time of sentencing or at any other time the court may set to pay a restitution charge imposed by the court pursuant to
+ See more
Sections 24-23-210 through 24-23-230, such restitution charge shall constitute a lien against the offender and against any real or personal property of the offender. A restitution charge shall not constitute a lien if it is waived by the Director pursuant to Section 24-23-210. Such lien may be filed by the Attorney General in the respective offices of the clerks of court and registers of deeds of this State in the same manner state tax liens are filed and may be enforced and collected by the Attorney General in the same manner state tax liens are enforced and collected.
Property liens All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 17-25-323 Civil judgment and property lien
(B) When a defendant is placed on probation by the court or parole by the Board of Probation, Parole and Pardon Services, and ordered to make restitution, and the defendant
+ See more
is in default in the payment of them or any installment or any criminal fines, surcharges, assessments, costs, and fees ordered, the court, before the defendant completes his period of probation or parole, on motion of the victim or the victim's legal representative, the Attorney General, the solicitor, or a probation and parole agent, or upon its own motion, must hold a hearing to require the defendant to show cause why his default should not be treated as a civil judgment and a judgment lien attached. The court must enter: (1) judgment in favor of the State for the unpaid balance, if any, of any fines, costs, fees, surcharges, or assessments imposed; and (2) judgment in favor of each person entitled to restitution for the unpaid balance if any restitution is ordered plus reasonable attorney's fees and cost ordered by the court. (C) When a defendant is ordered to make restitution by a magistrate or municipal court, and the defendant is in default in the payment of restitution or of any installment or any criminal fines, surcharges, assessments, costs, and fees ordered, the magistrate or municipal court, within one year of the imposition of the sentence, on motion of the victim or the victim's legal representative, the Attorney General, the solicitor, or the prosecuting law enforcement agency, or upon its own motion, must hold a hearing to require the defendant to show cause why his default should not be treated as a civil judgment and a judgment lien attached. The magistrate or municipal court must enter: (1) judgment in favor of the State for the unpaid balance, if any, of any fines, costs, fees, surcharges, or assessments imposed; and (2) judgment in favor of each person entitled to restitution for the unpaid balance if any restitution is ordered plus reasonable attorney's fees and cost ordered by the court.
Property liens All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 17-25-325. Entry of civil judgment
The sentence and judgment of the court of general sessions in a criminal case against an individual may be enforced in the same manner by execution against the property of
+ See more
the defendant as is provided by law for enforcing the judgments of the courts of common pleas in civil actions. Before a general sessions court may enter a judgment against a defendant's property as authorized by this section, the judge must make findings of fact as to the amount of the judgment to be entered against the defendant. These findings must be supported by the preponderance of the relevant evidence as is offered by the parties.
Property liens All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 17-25-340. Incarceration
If the sheriff or his deputy return on oath that such offender refused to pay or has not any property or not sufficient whereon to levy, then a writ of
+ See more
capias ad satisfaciendum shall issue whereby he shall be committed to the common jail, until the forfeiture, costs and charges shall be satisfied. Such offender shall be entitled, however, to the privilege of insolvent debtors.
Incarceration All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 17-25-350. Payment plan
In any offense carrying a fine or imprisonment, the judge or magistrate hearing the case shall, upon a decision of guilty of the accused being determined and it being established
+ See more
that he is indigent at that time, set up a reasonable payment schedule for the payment of such fine, taking into consideration the income, dependents and necessities of life of the individual. Such payments shall be made to the magistrate or clerk of court as the case may be until such fine is paid in full.
Payment plan/installment plan All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 17-25-350. Contempt/incarceration
Failure to comply with the payment schedule shall constitute contempt of court; however, imprisonment for contempt may not exceed the amount of time of the original sentence, and where part
+ See more
of the fine has been paid the imprisonment cannot exceed the remaining pro rata portion of the sentence.
Incarceration All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 17-25-530. Civil Action
(A) Notwithstanding any other provision of law or rule of civil procedure, an eligible person has the right to bring a civil action in a court of competent jurisdiction to
+ See more
recover money damages from an offender or the legal representative of that offender within three years of the discovery of the existence of any profits from the crime. Damages awarded in this action are recoverable only up to the value of the profits from the crime.
Property liens All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 17-25-540 attachment, injunction, receivership, and notice of pendency
(B) The office may act on behalf of all eligible persons and may apply for any remedies available to an eligible person bringing an action under Section 17-25-530. These remedies
+ See more
include the right of attachment, injunction, receivership, and notice of pendency. On the motion for a particular remedy, the moving party shall state whether any other remedy has been sought in the same action against the same offender. The court may require the moving party to elect its remedy.
Property liens All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 24-1-295. Inmate employment wage garnishment
However, the Director of the Department of Corrections shall deduct the following from the gross earnings of the inmates engaged in prison industry service work in addition to any other
+ See more
required deductions: (1) If restitution to a particular victim or victims has been ordered by a court of appropriate jurisdiction, then twenty percent must be used to fulfill the restitution obligation. (2) If restitution to a particular victim or victims has not been ordered by a court of appropriate jurisdiction, or if the court-ordered restitution to a particular victim or victims has been satisfied, then twenty percent must be applied to the South Carolina Victim's Compensation Fund.
Wage/bank account garnishment All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 24-3-40. Garnishment of wages of prisoner allowed to work
The Director of the Department of Corrections, or the local detention or correctional facility manager, if applicable, shall deduct the following amounts from the gross wages of the prisoner: (1) If
+ See more
restitution to a particular victim or victims has been ordered by the court, then twenty percent must be used to fulfill the restitution obligation. If a restitution payment schedule has been ordered by the court pursuant to Section 17-25-322, the twenty percent must be applied to the scheduled payments. If restitution to a particular victim or victims has been ordered but a payment schedule has not been specified by the court, the director shall impose a payment schedule of equal monthly payments and use twenty percent to meet the payment schedule so imposed. (2) If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied then: (a) if the prisoner is engaged in work at paid employment in the community, five percent must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, and fifteen percent must be retained by the department to support services provided by the department to victims of the incarcerated population; or (b) if the prisoner is employed in a prison industry program, ten percent must be directed to the State Office of Victim Assistance for use in training, program development, victim compensation, and general administrative support pursuant to Section 16-3-1410 and ten percent must be retained by the department to support services provided by the department to victims of the incarcerated population.
Wage/bank account garnishment All Yes