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
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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. Pen. Code § 594(c), (f) Vandalism; Punishment

(c) Upon conviction of any person under this section for acts of vandalism consisting of defacing property with graffiti or other inscribed materials, the court shall, when appropriate and feasible, in

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addition to any punishment imposed under subdivision (b), order the defendant to clean up, repair, or replace the damaged property himself or herself, or order the defendant, and his or her parents or guardians if the defendant is a minor, to keep the damaged property or another specified property in the community free of graffiti for up to one year. Participation of a parent or guardian is not required under this subdivision if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. If the court finds that graffiti cleanup is inappropriate, the court shall consider other types of community service, where feasible....

(f) The court may order any person ordered to perform community service or graffiti removal pursuant to paragraph (1) of subdivision (c) to undergo counseling.

Community service Misdemeanor Yes
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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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Kansas Kan. Stat. Ann. § 8-1567 Driving a commercial motor vehicle under the influence; penalties
In lieu of payment of a fine imposed pursuant to this section, the court may order that the person perform community service specified by the court. The person shall receive
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a credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed not later than one year after the fine is imposed or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date.
Community service All No
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Kansas Kan. Stat. Ann. § 21-6607(b)(11) Conditions of probation or suspended sentence; correctional supervision fee; correctional supervision fund; searches; drug testing; written reports
The court may impose any conditions of probation, suspension of sentence or assignment to a community correctional services program that the court deems proper, including, but not limited to, requiring
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that the defendant: (11) perform services under a system of day fines whereby the defendant is required to satisfy fines, costs or reparation or restitution obligations by performing services for a period of days, determined by the court on the basis of ability to pay, standard of living, support obligations and other factors;
Condition or extension of supervision All No
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Kansas Kan. Stat. Ann. § 21-6607(b)(7) Conditions of probation or suspended sentence; correctional supervision fee; correctional supervision fund; searches; drug testing; written reports
The court may impose any conditions of probation, suspension of sentence or assignment to a community correctional services program that the court deems proper, including, but not limited to, requiring
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that the defendant: (7) pay a fine or costs, applicable to the offense, in one or several sums and in the manner as directed by the court;
Condition or extension of supervision All No
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Kansas Kan. Stat. Ann. § 21-6604(j) Authorized dispositions; crimes committed on or after July 1, 1994
(f)(1) When a new felony is committed while the offender is incarcerated and serving a sentence for a felony, or while the offender is on probation, assignment to a community
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correctional services program, parole, conditional release or postrelease supervision for a felony, a new sentence shall be imposed consecutively pursuant to the provisions of K.S.A. 21-6606, and amendments thereto, and the court may sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure.
Condition or extension of supervision All No
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New Hampshire N.H. Rev. Stat. § 504-A:13(I) Supervision and Service Charges

The court shall establish a supervision fee for probationers, and the parole board shall establish a supervision fee for parolees. The fee shall not be less than $40 a month,

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unless waived in whole or in part by the court, board or commissioner, and may be any greater amount as established by the court or board. This fee shall be considered a condition of release, and failure to satisfy this obligation shall be grounds for a violation hearing, unless the probationer or parolee has been found to be indigent and, for that reason, unable to pay the fee. Service charges for collection of fines and fees, other than supervision fees, shall be established at 10 percent of the funds collected.

Collection fee/interest, Condition or extension of supervision All Yes
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New Hampshire NH R CRIM Rule 29(e)(3)(i) Community Service

(3)  In any case where the court finds that the defendant is unable to pay the assessment either on the date the sentence is imposed or later, the court may, if

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otherwise permitted by law: (i) defer or suspend payment of all or part of the assessment or order periodic payment; or (ii) allow the defendant to perform community service, pursuant to a plan submitted to and approved by the court. 

Community service, Payment plan/installment plan All No