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 4.335(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
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	Iowa	Iowa Code § 909.5	Nonpayment of fines and court costs — contempt	A person who is able to pay a fine, court-imposed court costs for a criminal proceeding, or both, or an installment of the fine or the court-imposed court costs, or + See more both, and who refuses to do so, or who fails to make a good faith effort to pay the fine, court costs, or both, or any installment thereof, shall be held in contempt of court.	Incarceration	All	Yes
Add to Dashboard + Create New	Iowa	Iowa Code § 665.5	Contempts: Imprisonment	If the contempt consists in an omission to perform an act which is yet in the power of the person to perform, the person may be imprisoned until the person + See more performs it. In that case the act to be performed must be specified in the warrant of the commitment.	Incarceration	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art 43.09 (f),(j)-(k)	Fine Discharged	(f) A court may require a defendant who is unable to pay a fine or costs to discharge all or part of the fine or costs by performing community service. (j) A court + See more may not order a defendant to perform more than 16 hours per week of community service under Subsection (f) unless the court determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s dependents. (k) A defendant is considered to have discharged $100 of fines or costs for each eight hours of community service performed under Subsection (f) of this article	Community service	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42A.752(a)-(b)	Continuation or Modification of Community Supervision After Violation	(a) If after a hearing under Article 42A.751(d) a judge continues or modifies community supervision after determining that the defendant violated a condition of community supervision, the judge may impose any + See more other conditions the judge determines are appropriate, including: (1) a requirement that the defendant perform community service for a number of hours specified by the court under Article 42A.304, or an increase in the number of hours that the defendant has previously been required to perform under that article in an amount not to exceed double the number of hours permitted by that article; (2) an extension of the period of community supervision, in the manner described by Article 42A.753; (3) an increase in the defendant’s fine, in the manner described by Subsection (b); or (4) the placement of the defendant in a substance abuse felony punishment program operated under Section 493.009, Government Code . . . (b) A judge may impose a sanction on a defendant described by Subsection (a)(3) by increasing the fine imposed on the defendant. The original fine imposed on the defendant and an increase in the fine imposed under this subsection may not exceed the maximum fine for the offense for which the defendant was sentenced. The judge shall deposit money received from an increase in the defendant’s fine under this subsection in the special fund of the county treasury to be used for the same purposes for which state aid may be used under Chapter 76, Government Code.	Community service, Extension of probation/supervision, Increased fine	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42A.751(b),(e)	Violation of Conditions of Community Supervision; Detention and Hearing	(b) At any time during the period of community supervision, the judge may issue a warrant for a violation of any condition of community supervision and cause the defendant to be + See more arrested. Any supervision officer, police officer, or other officer with the power of arrest may arrest the defendant with or without a warrant on the order of the judge to be noted on the docket of the court. Subject to Subsection (c), a defendant arrested under this subsection may be detained in the county jail or other appropriate place of confinement until the defendant can be taken before the judge for a determination regarding the alleged violation. (e) A judge may revoke without a hearing the community supervision of a defendant who is imprisoned in a penal institution if the defendant in writing before a court of record or a notary public in the jurisdiction where the defendant is imprisoned	Incarceration	All	No
Add to Dashboard + Create New	Texas	Tex. Gov't Code Sec. 21.002(a)-(c)	Contempt of Court	(a) Except as provided by Subsection (g), a court may punish for contempt. (b) The punishment for contempt of a court other than a justice court or municipal court is a fine of + See more not more than $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail. (c) The punishment for contempt of a justice court or municipal court is a fine of not more than $100 or confinement in the county or city jail for not more than three days, or both such a fine and confinement in jail.	Incarceration, Increased fine	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 43.03(a)	Payment of Fine	If a defendant is sentenced to pay a fine or costs or both and the defendant defaults in payment, the court after a hearing under Subsection (d) of this article + See more may order the defendant confined in jail until discharged as provided by law, may order the defendant to discharge the fines and costs in any other manner provided by Article 43.09 of this code, or may waive payment of the fines and costs as provided by Article 43.091. A certified copy of the judgment, sentence, and order is sufficient to authorize confinement under this subsection	Incarceration	All	No

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