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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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

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suspended, the court may make payment of such costs a condition of probation or suspension of sentence.

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

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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.

Condition or extension of supervision All Yes
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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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Rhode Island R.I. Gen. Laws. Ann. § 12-19-8.1 Conditions of probation

(a) The following shall constitute basic conditions of probation applicable to all defendants upon whom a period of probation has been imposed: (8) Pay restitution, court costs, and fines, if

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assessed, in one or several sums, based on the defendant's ability to pay; and

Condition or extension of supervision All No