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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.
10 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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California | Cal. Rules of Court 4.335(4)(B) | Ability to pay determination for infraction offenses | the court may exercise its discretion to: . . . (B) Allow the defendant to complete community service in lieu of paying the total fine (if available) | Community service | Misdemeanor | No |
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California | Cal. Rules of Court 4.335(4)(A) | Ability to pay determination for infraction offenses | the court may exercise its discretion to: (A) Provide for payment on an installment plan | Payment plan/installment plan | Misdemeanor | No |
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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 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.
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Payment plan/installment plan | All | No |
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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 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.
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Payment plan/installment plan | All | 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 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.
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Collection fee/interest | All | No |
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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 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.
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Incarceration | All | No |
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Washington DC | DC ST § 11-741 | Contempt powers (DC Court of Appeals) |
(a) Subject to the limitation described in subsection (b), and in addition to the powers conferred by section 402 of title 18, United States Code, the District of Columbia Court + See moreof Appeals, or a judge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court....
(3)(A) An individual imprisoned for 6 consecutive months for civil contempt for disobedience of an order in a proceeding described in paragraph (1) who continues to disobey such order may be prosecuted for criminal contempt for disobedience of such order at any time before the expiration of the 12-month period that begins on the first day of such individual's imprisonment, except that an individual so imprisoned as of the date of the enactment of this subsection may be prosecuted under this subsection at any time during the 90-day period that begins on the date of the enactment of this subsection.
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Incarceration | All | No |
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Washington DC | DC ST § 11-944 | Contempt power (Superior Court of DC) |
(a) Subject to the limitation described in subsection (b), and in addition to the powers conferred by section 402 of title 18, United States Code, the Superior Court, or a + See morejudge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court....
(3)(A) An individual imprisoned for 6 consecutive months for civil contempt for disobedience of an order in a proceeding described in paragraph (1) who continues to disobey such order may be prosecuted for criminal contempt for disobedience of such order at any time before the expiration of the 12-month period that begins on the first day of such individual's imprisonment, except that an individual so imprisoned as of the date of the enactment of this subsection may be prosecuted under this subsection at any time during the 90-day period that begins on the date of the enactment of this subsection.
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Incarceration | All | No |
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Washington DC | DC ST § 15-102 | Lien of judgment, decree, or forfeited recognizance |
(a) Each --(1) final judgment or decree for the payment of money rendered in the United States District Court for the District of Columbia, or the Superior Court of the + See moreDistrict of Columbia, from the date such judgment or decree is filed and recorded in the office of the Recorder of Deeds of the District of Columbia, and
(2) recognizance taken by the United States District Court for the District of Columbia, or the Superior Court of the District of Columbia, from the date the entry or order of forfeiture of such recognizance is filed and recorded in the office of the Recorder of Deeds of the District of Columbia,
shall constitute a lien on all the freehold and leasehold estates, legal and equitable, of the defendants bound by such judgment, decree, or recognizance, in any land, tenements, or hereditaments in the District of Columbia, whether the estates are in possession or are reversions or remainders, vested or contingent. Such liens on equitable interest may be enforced only by an action to foreclose.
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Property liens | All | Yes |
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Washington DC | DC ST § 15-320 | Enforcement of decrees |
a) For the purpose of executing a decree, or compelling obedience to it, the United States District Court for the District of Columbia or the Superior Court of the District + See moreof Columbia, in addition to the other procedures provided for by this chapter and Chapter 5 of Title 16, may:(1) issue an attachment against the person of the defendant;
(2) order an immediate sequestration of his real and personal estate, or such part thereof as may be necessary to satisfy the decree; or
(3) by order and injunction, cause the possession of the estate and effects whereof the possession or a sale is decreed to be delivered to the complainant, or otherwise, according to the tenor and import of the decree and as the nature of the case requires.
In case of sequestration, the court may order payment and satisfaction to be made out of the estate and effects so sequestrated, according to the true intent and meaning of the decree.
(b) When a defendant is arrested and brought into court upon any process of contempt issued to compel the performance of a decree, the court may, upon motion, order:
(1) the defendant to stand committed; or
(2) his estates and effects to be sequestrated and payment made, as directed by subsection (a) of this section; or
(3) possession of his estate and effects to be delivered by order and injunction, as directed by subsection (a) of this section --
until the decree or order is fully performed and executed, according to the tenor and true meaning thereof, and the contempt cleared.
(c) Where a decree only directs the payment of money, the defendant may not be imprisoned except in those cases especially provided for.
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Property liens | All | No |
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