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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Connecticut Conn. Gen. Stat. § 53a-210 Levy of fine against property
Any fine against any person under section 53a-209 may be levied against any of his real property, personal property, tangible or intangible, choses in action or property of any kind
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or nature, including debts owing to him, which may be situated or found in this state.
Property liens All No
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Connecticut Conn. Gen. Stat. § 18-63 Commitment for failure to pay a fine Upon any conviction for a crime, if the convict fails to pay any fine lawfully imposed, he shall be committed to a community correctional center until such fine is paid. Incarceration All Yes
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Connecticut Conn. Gen. Stat. § 52-356d Installment payment order.
(a) When a judgment is rendered against a natural person, the judgment creditor or judgment debtor may move the court for an order for installment payments in accordance with a
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money judgment. After hearing and consideration of the judgment debtor’s financial circumstances, the court may order installment payments reasonably calculated to facilitate payment of the judgment.
Payment plan/installment plan All No
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Connecticut Conn. Gen. Stat. § 52-399 Commitment of debtor for contempt.
Any judge before whom any such examination is ordered may commit the judgment debtor for contempt in case of his neglect or refusal to attend or be sworn at the
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examination or to answer any question put to him during the examination, and any such neglect or refusal, if the examination is ordered or had before a committee, may be by such committee reported to the judge by whom he was appointed, which judge may thereupon proceed for the contempt as fully as if the examination had been ordered or had before himself.
Incarceration All No
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Connecticut Conn. Gen. Stat. § 51-164r Failure to pay or plead
(a) Any person charged with an infraction who fails to pay the fine and any additional fee imposed or send in his plea of not guilty by the answer date
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or wilfully fails to appear for any scheduled court appearance date which may be required shall be guilty of a class C misdemeanor.(b) Any person charged with any violation specified in subsection (b) of section 51-164n who fails to pay the fine and any additional fee imposed or send in his plea of not guilty by the answer date or wilfully fails to appear for any scheduled court appearance date which may be required shall be guilty of a class A misdemeanor.
Increased fine Misdemeanor No
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Connecticut Conn. Gen. Stat. § 18-50(a)(2) Credit against unpaid fine for time spent in confinement, employed or performing community service

(2) Each person committed to any community correctional center upon conviction of any criminal offense, and held therein only for the payment of a fine, may be released from confinement

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by the Commissioner of Correction and, with the agreement of the Court Support Services Division within the Judicial Department, be transferred to said division subject to the requirement that such person perform community service under the supervision of said division until the period of community service performed by such person at the rate of fifty dollars a day amounts to such fine or the balance thereof remaining unpaid. Any person so transferred shall remain under the jurisdiction of the commissioner. Such person shall be discharged from the jurisdiction of the commissioner when such person completes the period of community service required to be performed when computed in accordance with this subdivision or immediately upon payment of the fine in full. If, at any time during such person’s release from confinement pursuant to this subdivision, the commissioner determines that the conduct of such person is unsuitable for continuation in such program of community service, such person may be returned to confinement.

Community service All No
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Connecticut Conn. Gen. Stat. § 18-50(a)(1) Credit against unpaid fine for time spent in confinement, employed or performing community service

(a)(1) Except as provided in subdivision (2) of this subsection, each person committed to any community correctional center upon conviction of any criminal offense, and held therein only for the

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payment of a fine, shall be discharged from confinement when the time served by such person at a per diem rate equal to the average daily cost of incarceration as determined by the Commissioner of Correction amounts to such fine or the balance thereof remaining unpaid. Such person shall earn an additional credit of fifty dollars toward such fine or balance thereof remaining unpaid for each day such person is employed at productive or maintenance work and has established a satisfactory work record. In computing the number of days to be served, credit shall be given for Sundays, holidays and the day of admission. Each person so committed shall be released during the day following that which completes the time to be served when computed in accordance with this subdivision, or immediately upon payment of the fine in full.

Incarceration All Yes
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Connecticut Conn. Gen. Stat. § 18-85(b) Compensation of inmates. Deposit in account. Disbursement priorities.

(b) Compensation so earned shall be deposited, under the direction of the Commissioner of Correction, in an account in a savings bank or state bank and trust company in this

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state or an account administered by the State Treasurer. Any compensation so earned shall be paid to the inmate on the inmate’s release from incarceration, except that the commissioner may, while the inmate is in custody, disburse any compensation earned by such inmate in accordance with the following priorities: (1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of the inmate’s dependents, if any; (7) the inmate’s necessary travel expense to and from work and other incidental expenses; (8) deposits credited to the inmate’s discharge savings account under section 18-84a; (9) costs of such inmate’s incarceration under section 18-85a and regulations adopted in accordance with said section; and (10) payment to the clerk of the court in which an inmate, confined in a correctional facility only for payment of a fine, was convicted, such portion of such compensation as is necessary to pay such fine.

Wage/bank account garnishment All No
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Connecticut Conn. Gen. Stat. § 18-85a(b) State's claim against inmate's property for repayment of costs of incarceration

(b) The state shall have a claim against each inmate for the costs of such inmate’s incarceration under this section, and regulations adopted in accordance with this section, for which

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the state has not been reimbursed. Any property owned by such inmate may be used to satisfy such claim, except property that is: (1) Exempt pursuant to section 52-352b or 52-352d, except as provided in subsection (b) of section 52-321a; (2) subject to the provisions of section 54-218; (3) acquired by such inmate after the inmate is released from incarceration, but not including property so acquired that is subject to the provisions of section 18-85b, 18-85c or 52-367c, and except as provided in subsection (b) of section 52-321a; (4) acquired by such inmate for work performed during incarceration as part of a program designated or defined in regulations adopted by the Commissioner of Correction, in accordance with the provisions of chapter 54, as a job training, skill development or career opportunity or enhancement program, other than a pilot program established pursuant to section 18-90b, except that the commissioner may assess a fee for participation in any such program; or (5) credited to a discharge savings account pursuant to section 18-84a, not in excess of one thousand dollars. In addition to other remedies available at law, the Attorney General, on request of the Commissioner of Correction, may bring an action in the superior court for the judicial district of Hartford to enforce such claim, provided no such action shall be brought but within two years from the date the inmate is released from incarceration or, if the inmate dies while in the custody of the commissioner, within two years from the date of the inmate's death, except that such limitation period shall not apply if such property was fraudulently concealed from the state.

Property liens All Yes
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Connecticut Conn. Gen. Stat. § 18-85b(a) State's claim against proceeds of person's cause of action

(a) In the case of causes of action of any person obligated to pay the costs of such person's incarceration under section 18-85a and regulations adopted in accordance with said

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section brought by such person within twenty years from the date such person is released from incarceration, the claim of the state shall be a lien against the proceeds therefrom in the amount of the costs of incarceration or fifty per cent of the proceeds received by such person after payment of all expenses connected with the cause of action, whichever is less, for repayment under said section, and shall have priority over all other claims, including any lien of the state for repayment of public assistance, except (1) attorney's fees for the cause of action, (2) expenses of suit, (3) costs of hospitalization connected with the cause of action by whomever paid over and above hospital insurance or other such benefits, and, for such period of hospitalization as was not paid for by the state, physicians' fees for services during any such period as are connected with the cause of action over and above medical insurance or other such benefits, (4) child support obligations pursuant to subsection (d) of section 17b-93, (5) restitution or payment of compensation to a crime victim ordered by a court of competent jurisdiction, and (6) payment of a civil judgment rendered in favor of a crime victim by a court of competent jurisdiction; and such claim shall consist of the total amount of the costs of incarceration under section 18-85a and regulations adopted in accordance with said section. The proceeds of such causes of action shall be assignable to the state for payment of the amount due under section 18-85a, and regulations adopted in accordance with said section, irrespective of any other provision of law.

Property liens All Yes
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Connecticut Conn. Gen. Stat. § 18-85b(b) State's claim against proceeds of person's inheritance for repayment of costs of incarceration

(b) In the case of an inheritance of an estate by any person who is obligated to pay the costs of such person's incarceration under section 18-85a and regulations adopted

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in accordance with said section that is received by such person within twenty years from the date such person is released from incarceration, the claim of the state shall be a lien against such inheritance in the amount of the costs of incarceration or fifty per cent of the assets of the estate payable to such person, whichever is less. The Court of Probate shall accept any such lien notice filed by the commissioner or the commissioner's designee with the court prior to the distribution of such inheritance, and to the extent of such inheritance not already distributed, the court shall order distribution in accordance therewith.

Property liens All Yes
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Connecticut Conn. Gen. Stat. § 18-85c State's claim against person's estate for repayment of costs of incarceration

Upon the death of any person obligated to pay the costs of such person's incarceration under section 18-85a and regulations adopted in accordance with said section that occurs within twenty

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years from the date such person is released from incarceration, the state shall have a claim against such person's estate for all costs of incarceration under the provisions of said section and such regulations for which the state has not been reimbursed, to the extent that the amount which the surviving spouse, parent or dependent children of the decedent would otherwise take from such estate is not needed for their support.

Property liens All Yes
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Connecticut Conn. Gen. Stat. § 18-101(b) Disposition of Inmate Compensation

(b) On granting privileges to any inmate under section 18-100, the commissioner or the commissioner's designee shall disburse any compensation earned by such inmate in accordance with the following priorities:

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(1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of such inmate's dependents, if any; (7) such inmate's necessary travel expense to and from work and other incidental expenses; (8) deposits credited to the inmate's discharge savings account under section 18-84a; and (9) costs of such inmate's incarceration under section 18-85a and regulations adopted in accordance with said section

Wage/bank account garnishment All Yes
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Connecticut Conn. Gen. Stat. § 53a-28a Enforcement of orders of financial restitution.

All financial obligations ordered pursuant to subsection (c) of section 53a-28 or subsection (a) of section 53a-30, as amended by this act, may be enforced in the same manner as a

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judgment in a civil action by the party or entity to whom the obligation is owed. The party or entity seeking enforcement of the financial obligations as a judgment in a civil action shall file with the Superior Court a copy of the court’s order of restitution ordered pursuant to section 53a-28 or 53a-30, as amended by this act, together with an affidavit prepared by the agency or entity monitoring payment of the obligations, on a form prescribed by the Office of the Chief Court Administrator, attesting to the terms of restitution and manner of performance fixed by the court or the Court Support Services Division, identifying the amount of the obligation that has been paid and the amount of the obligation that is owed. Such obligations may be enforced at any time during the ten-year period following the offender’s release from confinement or termination of probation, or within ten years of the entry of the order and sentence, whichever is longer. There shall be no entry fee for filing an enforcement action pursuant to this section. Not later than thirty days after the date of filing of the judgment and the affidavit, the party or entity seeking enforcement of such judgment shall mail notice of filing of the judgment by registered or certified mail, return receipt requested, to the offender at such offender’s last-known address. The proceeds of an execution shall not be distributed to the party or entity seeking enforcement of such judgment earlier than thirty days after the date of filing proof of service with the clerk of the court in which enforcement of such judgment is sought. No fee shall be required for the filing of an execution. The payment of marshal’s fees for service of an execution shall be collected in accordance with the provisions of section 52-261.

Property liens All No
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Connecticut Conn. Gen. Stat. § 52-350f Enforcement of money judgment. Costs, fees and interest.

A money judgment may be enforced against any property of the judgment debtor unless the property is exempt from application to the satisfaction of the judgment under section 52-352a, 52-352b,

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52-352d or 52-361a or any other provision of the general statutes or federal law. The money judgment may be enforced, by execution or by foreclosure of a real property lien, to the amount of the money judgment with (1) all statutory costs and fees as provided by the general statutes, (2) interest as provided by chapter 673 on the money judgment and on the costs incurred in obtaining the judgment, and (3) any attorney’s fees allowed pursuant to section 52-400c.

Property liens All No
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Connecticut Conn. Gen. Stat. § 52-361a Execution on wages after judgment.

(a) Application. If a judgment debtor fails to comply with an installment payment order, the judgment creditor may apply to the court for a wage execution. The application shall contain

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the judgment creditor's or the judgment creditor's attorney's statement setting forth the particulars of the installment payment order and of the judgment debtor's failure to comply. The application shall be accompanied by a fee of one hundred dollars payable to the clerk of the court for the administrative costs of complying with the provisions of this section which fee may be recoverable by the judgment creditor as a taxable cost of the action.

Wage/bank account garnishment All No
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Connecticut Conn. Gen. Stat. § 54-74. Remission of fine.

Any judge of the Superior Court may remit any fine, if in his judgment such course will tend to the reformation of offenders or the furtherance of the ends of justice.

All No
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Connecticut Conn. Gen. Stat. § 54-151 Cost of transcript and printing on appeal.

In any appeal in a criminal action, where it appears to the trial court that the accused is without funds with which to defray the costs of securing a transcript of

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the evidence, or printing the briefs and the appendices to the briefs, such costs shall be defrayed by the state.

All No
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Connecticut Conn. Gen. Stat. § 54-147 Rules for payment of expenses. Waiver of fee or cost.

No fee or cost imposed pursuant to any provision of the general statutes on a person who is a defendant or has been convicted in a criminal proceeding or prosecution shall

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be waived by the court, except as authorized by such provision or for good cause shown.

All No
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Kentucky Ky. Rev. Stat. Ann. § 534.020(3)(b),(4) Methods of imposing fines; installment payment plan; determination of reason for defendant's default; show cause hearing; certain installment payments not to be reported as liquidated debt

(b) If the defendant fails to appear at the show cause hearing, the court may issue a warrant for the defendant's arrest. Any warrant for arrest issued for nonpayment of

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court costs, fees, or fines pursuant to this subsection shall include a notice to the jailer that the defendant shall be released upon payment or completion of daily credit pursuant to KRS 534.070.

(4) When a defendant is sentenced to pay court costs, fees, or fines, an alternative sentence of imprisonment that is to be served in the event the court costs, fees, or fines are not paid shall not be imposed at the same time. The response of a court to nonpayment shall be determined only after:

(a) The court costs, fees, or fines have not been paid; and

(b) 1. The show cause hearing has been held pursuant to subsections (2)(a) and (3)(a) of this section; or 2. The defendant has failed to appear at the show cause hearing as outlined in subsection (3)(b) of this section.

Other All No