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	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
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
Add to Dashboard + Create New	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 + See more 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.	Incarceration	Misdemeanor, Felony	No
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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

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