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(a) Conditions of Payment

When the court determines that a defendant must pay the costs of defense, the court may grant permission for payment to be made within a specified period of time or

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in specified installments. If no such permission is granted, the full amount shall be payable forthwith.

Payment plan/installment plan All No
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Delaware 11 Del. C. § 4104(a)(1)-(2) Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment

When a court imposes a fine, costs or restitution upon a defendant, the court or justice of the peace may direct as follows:(1) That the defendant pay the entire amount

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at the time sentence is imposed; (2) That the defendant pay a specified portion of the fine, costs or restitution at designated periodic intervals, and in such case may direct that the fine, costs or restitution be remitted to a probation officer who shall report to the court, at such periods as the court may direct, any failure to comply with the orders; or

Payment plan/installment plan All No
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Texas Tex. Code Crim. Proc. art. 42.15(c) Fines and Costs

When imposing a fine and costs in a misdemeanor case, if the court determines that the defendant is unable to immediately pay the fine and costs, the court shall allow

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the defendant to pay the fine and costs in specified portions at designated intervals.

Payment plan/installment plan Misdemeanor Yes
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Texas Tex. Code Crim. Proc. Art. 42.15(b)-(d) Fines and Costs

(b) Subject to Subsections (c) and (d) and Article 43.091, when imposing a fine and costs, a court may direct a defendant: (1) to pay the entire fine and costs when sentence

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is pronounced; (2) to pay the entire fine and costs at some later date; or (3) to pay a specified portion of the fine and costs at designated intervals.

(c) When imposing a fine and costs in a misdemeanor case, if the court determines that the defendant is unable to immediately pay the fine and costs, the court shall allow the defendant to pay the fine and costs in specified portions at designated intervals.

(d) A judge may allow a defendant who is a child, as defined by Article 45.058(h), to elect at the time of conviction, as defined by Section 133.101, Local Government Code, to discharge the fine and costs by: (1) performing community service or receiving tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011; or (2) paying the fine and costs in a manner described by Subsection (b).

 

Community service, Payment plan/installment plan All No