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.

8 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 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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington Wash. Rev. Code Ann. § 9.95.210(2)-(3),(5) Conditions of probation

(2) In the order granting probation and as a condition thereof, the superior court may in its discretion imprison the defendant in the county jail for a period not exceeding one

+ See more
year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs. As a condition of probation, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035. The superior court may also require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor’s recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay such fine as may be imposed and court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required; (d) following consideration of the financial condition of the person subject to possible electronic monitoring, to pay for the costs of electronic monitoring if that monitoring was required by the court as a condition of release from custody or as a condition of probation; (e) to contribute to a county or interlocal drug fund; and (f) to make restitution to a public agency for the costs of an emergency response under RCW 38.52.430, and may require bonds for the faithful observance of any and all conditions imposed in the probation.

(3) The superior court shall order restitution in all cases where the victim is entitled to benefits under the crime victims’ compensation act, chapter 7.68 RCW. If the superior court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims’ compensation act, the department of labor and industries, as administrator of the crime victims’ compensation program, may petition the superior court within one year of imposition of the sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the superior court shall hold a restitution hearing and shall enter a restitution order.

(5) If the probationer has been ordered to make restitution and the superior court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made. If the superior court has ordered supervision and restitution has not been made as ordered, the officer shall inform the prosecutor of that violation of the terms of probation not less than three months prior to the termination of the probation period. The secretary of corrections will promulgate rules and regulations for the conduct of the person during the term of probation. For defendants found guilty in district court, like functions as the secretary performs in regard to probation may be performed by probation officers employed for that purpose by the county legislative authority of the county wherein the court is located.

Condition or extension of supervision, Increased fine All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington Wash. Rev. Code Ann. § 9.92.060(2) Suspending sentences

(2) As a condition to suspension of sentence, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035. In addition, the superior court may require

+ See more
the convicted person to make such monetary payments, on such terms as the superior court deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay any fine imposed and not suspended and the court or other costs incurred in the prosecution of the case, including reimbursement of the state for costs of extradition if return to this state by extradition was required; and (d) to contribute to a county or interlocal drug fund.

Condition or extension of supervision All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington Wash. Rev. Code Ann. § 9.94A.631(1) Violation of condition or requirement of sentence--Security searches authorized--Arrest by community corrections officer--Confinement in county jail

(1) If an offender violates any condition or requirement of a sentence, a community corrections officer may arrest or cause the arrest of the offender without a warrant, pending a

+ See more
determination by the court or by the department.

Condition or extension of supervision, Incarceration All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington Wash. Rev. Code Ann. §9.94A.703(2)(d) Community custody — Conditions

Unless waived by the court, as part of any term of community custody, the court shall order an offender to:
(d) Pay supervision fees as determined by the department;

Condition or extension of supervision All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 61-3-390 Agreement to suspend prosecution of a person accepted into the restitution program

(a) The prosecuting attorney may enter into an agreement with a participant of the worthless check restitution program to suspend prosecution for a period to be determined by the prosecuting

+ See more
attorney.
(b) To remain eligible for the worthless check restitution program, the participant shall:
(1) Contact a representative of the program before the date required by the notice sent pursuant to section thirty-nine-n [§ 61-3-39n] of this article;
(2) Agree to comply with all the program terms;
(3) Complete a class conducted by the prosecuting attorney, his or her designee, or a private entity under contract with the prosecuting attorney, which offers offender education and instruction;
(4) Pay a fee in the amount of ten dollars to be deposited in the “worthless check fund” established pursuant to the provisions of section thirty-nine-h [§ 61-3-39h] of this article;
(5) Pay the fee required to participate in the class;
(6) Pay full victim restitution; and
(7) Pay all fees for participation in the program, unless those fees are waived.
(c) The prosecuting attorney shall agree not to file criminal charges if the participant in the program completes the conditions of the agreement.

Condition or extension of supervision All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-12-9(a)(5), (b)(1)-(3) Conditions of release on probation

(a) Release on probation is conditioned upon the following: (5) That the probationer pay a fee, not to exceed $20 per month, to defray costs of supervision: Provided, That the

+ See more
court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay the fee without undue hardship. All moneys collected as fees from probationers pursuant to this subdivision shall be deposited with the circuit clerk who shall, on a monthly basis, remit the moneys collected to the State Treasurer for deposit in the State General Revenue Fund; and
(b) In addition, the court may impose, subject to modification at any time, any other conditions which it may determine advisable, including, but not limited to, any of the following:
(1) That the probationer make restitution or reparation, in whole or in part, immediately or within the period of probation, to any party injured by the crime for which he or she has been convicted: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay restitution without undue hardship;
(2) That the probationer pays any fine assessed and the costs of the proceeding in installments directed by the court: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay the costs without undue hardship;
(3) That the probationer makes contributions from his or her earnings, in sums directed by the court, for the support of his or her dependents; and

Condition or extension of supervision, Wage/bank account garnishment All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

West Virginia W. Va. Code § 62-12-17(a)(5) Conditions of release on probation and parole

(a) Release and supervision on parole of any person, including the supervision by the Division of Corrections of any person paroled by any other state or by the federal government,

+ See more
shall be upon the following conditions: (5) That the parolee, and all federal or foreign state probationers and parolees whose supervision may have been undertaken by this state, pay a fee, based on his or her ability to pay, not to exceed $40 per month to defray the costs of supervision.

Condition or extension of supervision All No