Data Explorer: Enforcement Mechanisms | 50 State Criminal Justice Debt Tool

Poverty Penalties and Poverty Traps

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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.

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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	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
Add to Dashboard + Create New	West Virginia	W. Va. Code § 62-12-10(a)	Violation of probation	(a) If at any time during the period of probation there shall be reasonable cause to believe that the probationer has violated any of the conditions of his or her + See more probation, the probation officer may arrest him or her with or without an order or warrant, or the court which placed him or her on probation, or the judge thereof in vacation, may issue an order for his or her arrest, whereupon he or she shall be brought before the court, or the judge thereof in vacation, for a prompt and summary hearing.	Incarceration	All	No
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
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
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-16-204	Fines for misconduct	The department of corrections shall adopt rules and regulations to establish a system for punishing prisoner misconduct through the imposition of fines to be deducted from compensation earned as provided + See more by W.S. 7-16-203. The rules shall provide for the distribution of the proceeds of fines collected under this section as special aid to discharged or paroled prisoners who are infirm or in any way incapable of earning a sufficient subsistence after their release.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-6-108	Recovery of payment	(a) Within six (6) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person + See more who has received legal assistance or other benefits under this act or, in the case of an unemancipated minor, from his custodial parent or any other person who has a legal obligation of support. (b) Amounts recovered under this act shall be paid into the state general fund.	Civil judgment	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-9-104	Preparation of plan; contents	(a) In any case in which the court has ordered restitution under W.S. 7-9-102, 7-9-113 or 7-13-301, if the sentencing court orders suspended imposition of sentence, suspended sentence or probation, + See more the court shall require that the defendant in cooperation with the probation and parole officer assigned to the defendant, or in the case of unsupervised probation any probation and parole officer or any other person the court directs, promptly prepare a plan of restitution including the name and address of each victim, the amount of restitution determined to be owed to each victim pursuant to W.S. 7-9-103 or 7-9-114 and a schedule of restitution payments. If the defendant is presently unable to make any restitution but there is a reasonable possibility that the defendant may be able to do so at some time during his probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant shall make restitution. In structuring a plan for reimbursement under this section, victim restitution shall be paid in the following order: (i) Pecuniary damages suffered by the victim which have not been paid by insurance or from the crime victim's compensation account; (ii) Payment of other amounts owed by the defendant arising from the case.	Condition or extension of supervision, Payment plan/installment plan	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-9-108(a)	Compliance with plan as condition of probation or suspension; payments to clerk	(a) Compliance with the plan of restitution as approved or modified by the court shall be a condition of the defendant's probation or suspension.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-13-301(a)(v),(c)	Placing person found guilty, but not convicted, on probation	(a) If a person who has not previously been convicted of any felony is charged with or is found guilty of or pleads guilty or no contest to any misdemeanor + See more except any second or subsequent violation of W.S. 31-5-233 or any similar provision of law, or any second or subsequent violation of W.S. 6-2-510(a) or 6-2-511(a) or any similar provision of law, or any felony except murder, sexual assault in the first or second degree, aggravated assault and battery or arson in the first or second degree, the court may, with the consent of the defendant and the state and without entering a judgment of guilt or conviction, defer further proceedings and place the person on probation for a term not to exceed thirty-six (36) months upon terms and conditions set by the court. The terms of probation shall include that he: (v) Pay restitution to each victim in accordance with W.S. 7-9-101 and 7-9-103 through 7-9-115. (c) If the defendant violates a term or condition of probation at any time before final discharge, the court may: (i) Enter an adjudication of guilt and conviction and proceed to impose sentence upon the defendant if he previously pled guilty to or was found guilty of the original charge for which probation was granted under this section; or (ii) Order that the trial of the original charge proceed if the defendant has not previously pled or been found guilty.	Condition or extension of supervision, Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. R. Crim. P. 46.4(c)	Sanctions for Failure to Appear or for Violation of Release Order	(c) Violation of release condition. A person who has been released under Rule 46.1, 46.2, or Rule 46.3 and who has violated a condition of that release, is subject to + See more a revocation of release and a prosecution for contempt of court.	Incarceration	All	No

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