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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 4.335(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
Add to Dashboard + Create New	California	CA ST J ADMIN STANDARDS Standard 4.40	Traffic infraction procedures	to insure the prompt and efficient disposition of traffic infraction cases, each court should:(1) Authorize the clerk, within limits set by the court, to grant defendants extensions of time for + See more the posting of bail and payment of fines.	Payment plan/installment plan	Traffic	No
Add to Dashboard + Create New	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 + See more 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.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	California	Veh. Code § 42003(a)	Penalties - Public Offense: Payment of fines; Consideration of defendant’s ability to pay	A judgment that a person convicted of an infraction be punished by a fine may also provide for the payment to be made within a specified time or in specified + See more installments.	Payment plan/installment plan	Traffic	No
Add to Dashboard + Create New	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 + See more 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.	Payment plan/installment plan	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	Illinois	730 Ill. Comp. Stat. 5/5-6-3(a)(7)	Conditions of probation and of conditional discharge	(7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 + See more or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this paragraph (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this paragraph (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or high school equivalency testing if a fee is charged for those courses or testing.	Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	Illinois	730 Ill. Comp. Stat. 5/5-6-3(i)	Conditions of probation and of conditional discharge	(i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of + See more a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee.	Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	Illinois	730 ILCS 5/5-6-3(b)(10)(iv)	Conditions of probation and of conditional discharge	(iv) for persons convicted of any alcohol, cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall + See more impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be.	Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	Illinois	730 Ill. Comp. Stat. 5/5-5-6(f)	Restitution	Taking into consideration the ability of the defendant to pay, including any real or personal property or any other assets of the defendant, the court shall determine whether restitution shall + See more be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years, except for violations of Sections 16-1.3 and 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012 [720 ILCS 5/17-56], or the period of time specified in subsection (f-1), not including periods of incarceration, within which payment of restitution is to be paid in full. Complete restitution shall be paid in as short a time period as possible. However, if the court deems it necessary and in the best interest of the victim, the court may extend beyond 5 years the period of time within which the payment of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that restitution is to be paid over a period greater than 6 months, the court shall order that the defendant make monthly payments; the court may waive this requirement of monthly payments only if there is a specific finding of good cause for waiver.	Payment plan/installment plan	All	No

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