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
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California Cal. Pen. Code § 166(e)(2) Contempt of court; Stalking; Punishments

...If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements:(A)

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That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000). (B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.

Collection fee/interest Misdemeanor No
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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

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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
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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

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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
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California Cal. Pen. Code § 1202.43(b) Payment of restitution fine

(b) A restitution fine shall be deemed a debt of the defendant owing to the state for the purposes of Sections 12418 and 12419.5 of the Government Code, excepting any

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amounts the defendant has paid to the victim as a result of the crime. Upon request by the Controller, the district attorney of a county or the Attorney General may take any necessary action to recover amounts owing on a restitution fine. The amount of the recovery shall be increased by a sum sufficient to cover any costs incurred by any state or local agency in the administration of this section. The remedies provided by this subdivision are in addition to any other remedies provided by law for the enforcement of a judgment.

Collection fee/interest Misdemeanor, Felony No
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Minnesota Minn. Stat. Ann. § 609.135(1)(d),(1a) Stay of Imposition or Execution of Sentence

(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, payment is due on the date imposed unless the court otherwise establishes a due date or

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a payment plan.

Subd. 1a. Failure to pay restitution. If the court orders payment of restitution as a condition of probation and if the defendant fails to pay the restitution in accordance with the payment schedule or structure established by the court or the probation officer, the prosecutor or the defendant's probation officer may, on the prosecutor's or the officer's own motion or at the request of the victim, ask the court to hold a hearing to determine whether or not the conditions of probation should be changed or probation should be revoked. The defendant's probation officer shall ask for the hearing if the restitution ordered has not been paid prior to 60 days before the term of probation expires. The court shall schedule and hold this hearing and take appropriate action, including action under subdivision 2, paragraph (g), before the defendant's term of probation expires. Nothing in this subdivision limits the court's ability to refer the case to collections under section 609.104 when a defendant fails to pay court-ordered restitution.

Condition or extension of supervision All No
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Minnesota Minn. Stat. Ann. § 480.15(10c)(c) State Court Administrator: Powers and Duties

As determined by the state court administrator, collection costs shall be added to the debts referred to a public or private collection entity for collection.

Collection fee/interest All No
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Minnesota Minn. Stat. Ann. § 609.3455(8)(c) Dangerous sex offenders; life sentences; conditional release

If the offender fails to meet any condition of release, the commissioner may revoke the offender's conditional release and order that the offender serve all or a part of the

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remaining portion of the conditional release term in prison. An offender, while on supervised release, is not entitled to credit against the offender's conditional release term for time served in confinement for a violation of release.

Condition or extension of supervision, Incarceration All No
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Minnesota Minn. Stat. Ann. § 628.29(4) Pretrial diversion program for writers of dishonored checks

Program components. (a) At a minimum, the pretrial diversion program must require offenders to:
(1) successfully complete an appropriate educational class or classes at their own expense which includes information

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on writing checks and managing money;
(2) make full restitution to the victim of the offense; and
(3) pay appropriate penalties under section 604.113, subdivision 2, paragraph (a).
 

Condition or extension of supervision All No
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Minnesota M.S.A. § 609.135(1) Stay of imposition or execution of sentence

Except when a sentence of life imprisonment is required by law, or when a mandatory minimum sentence is required by section 609.11, any court may stay imposition or execution of

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sentence and:
(1) may order intermediate sanctions without placing the defendant on probation; or
(2) may place the defendant on probation with or without supervision and on the terms the court prescribes, including intermediate sanctions when practicable . . .
(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term “intermediate sanctions” includes but is not limited to incarceration in a local jail or workhouse, home detention, electronic monitoring, intensive probation, sentencing to service, reporting to a day reporting center, chemical dependency or mental health treatment or counseling, restitution, fines, day-fines, community work service, work service in a restorative justice program, work in lieu of or to work off fines and, with the victim's consent, work in lieu of or to work off restitution.

Condition or extension of supervision All No