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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. 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 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.
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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 suspended, the court may make payment of such costs a condition of probation or suspension of sentence.
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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 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.
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Condition or extension of supervision | All | Yes |
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Massachusetts | Mass. Gen. Laws ch. 119, § 58B | Delinquency — Motor Vehicle Violations by Juveniles; Non-Criminal Fines Authorized. |
Any fine imposed under the authority of this section shall be collected, recovered and paid over in the manner provided by chapters two hundred and seventy–nine and two hundred and eighty; provided, however, that if any child shall neglect, fail or refuse to pay a fine imposed under this section, he may be arrested upon order of the court and brought before the court, which may thereupon place him in the care of a probation officer or commit him to the custody of the department of youth services; but no such child shall be committed to any jail, house of correction, or correctional institution of the commonwealth.
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Condition or extension of supervision, Other | Traffic | No |
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Massachusetts | Ma. Dist./Mun. Ct. R. Prob. Violation Rule 8(d) | Finding and disposition |
After the court has entered a finding that a violation of probation has occurred, the court may order any of the following dispositions set forth below, as it deems appropriate. These dispositional alternatives shall be the exclusive options available to the court. The court shall proceed to determine disposition promptly following the entry of a finding of violation. General continuances are prohibited. Awaiting the disposition of an underlying criminal charge shall not constitute such good cause for any continuance. In determining its disposition, the court shall give such weight as it may deem appropriate to the recommendation of the Probation Department, the probationer, and the District Attorney, if any, and to such factors as public safety; the circumstances of any crime for which the probationer was placed on probation; the nature of the probation violation; the occurrence of any previous violations; and the impact of the underlying crime on any person or community, as well as any mitigating factors.
(i) Continuance of Probation. The court may decline to modify or revoke probation and, instead, issue to the probationer such admonition or instruction as it may deem appropriate. (ii) Termination. The court may terminate the probation order. (iii) Modification. The court may modify the conditions of probation. Such modification may include the addition of reasonable conditions and the extension of the duration of the probation order. (iv) Revocation, statement of reasons. The court may order that the order of probation be revoked. If the court orders revocation, it shall state the reasons therefor in writing. |
Condition or extension of supervision | All | No |
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North Dakota | S.D. Codified Laws § 223A-28-3 | Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole |
If the sentencing court orders the defendant to the county jail, suspended imposition of sentence, suspended sentence, or probation, the court may require as a condition that the defendant, in cooperation with the court services officer assigned to the defendant, promptly prepare a plan of restitution, including the name and address of each victim, a specific amount of restitution to each victim, and a schedule of restitution payments.
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Condition or extension of supervision | All | 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 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. § 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 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.
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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: 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 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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