Poverty Penalties and Poverty Traps

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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 § 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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Delaware 10 Del. C. § 8602(b) Conditions of Payment

When the court determines that a defendant must pay the costs of defense and the defendant is also placed on probation, or the imposition or execution of a sentence is

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suspended, the court may make payment of such costs a condition of probation or suspension of sentence.

Condition or extension of supervision All No
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Delaware 11 Del. C. § 4104(a)(3) Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment

(a) When a court imposes a fine, costs or restitution upon a defendant, the court or justice of the peace may direct as follows: . . . (3) Where the

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defendant is sentenced to a period of probation as well as fine, costs or restitution that payment of the fines, costs or restitution shall be a condition of the probation.

Condition or extension of supervision All Yes
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Kentucky Ky. Rev. Stat. Ann. § 532.033(8) Order of restitution

When a judge orders restitution, the judge shall:

(8) Not release the defendant from probation supervision until restitution has been paid in full and all other aspects of the probation order

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have been successfully completed.

Condition or extension of supervision All Yes