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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Florida Fla. Stat. §985.039(7) Cost of supervision; cost of care

With respect to a child who has been placed under the supervision or care of the department and whose parent receives public assistance for any portion of such child's care,

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the department must seek a federal waiver to garnish or otherwise order the payment of a portion of the public assistance relating to such child, in an amount not to exceed the amount of the parent's obligation, in order to offset the costs to the department associated with providing supervision or care of such child.

Wage/bank account garnishment All Yes
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Florida Fla. Adm. Code §33-203.201(10) Inmate Trust Fund

(10) Any cost judgment or other monetary judgment, order, or sanction imposed against an inmate as described in subsection (9) above, shall be paid by offsetting the amount of the

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judgment or monetary order or sanction against the inmate's funds in his Inmate Trust Fund account in the following manner:

(a) The attorney representing the state in such civil or criminal action or appeal shall file with the Office of the General Counsel, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, a true copy of the judgment or other monetary order or sanction which has been entered by the appropriate court, together with a cover letter stating the date and amount of the judgment, monetary order, or sanction, or the balance remaining if less than the face amount thereof, as well as the attorney's name, address and telephone number. The attorney shall also certify in the letter that: 1. He has been employed by the State to handle such action; 2. The enclosed copy of the judgment or other monetary order or sanction is a true and accurate copy thereof as actually entered by the court; 3. The judgment or relevant order is final; and 4. A copy of the letter, together with a copy of the judgment or relevant order has been furnished to the inmate at his last known address as indicated in the attorney's records.

(b) Upon receipt of the above documents, the Office of the General Counsel shall determine if the inmate is still in the custody of the Department. If the inmate is not in the custody of the Department, the Office of the General Counsel shall advise the attorney of that fact and, if known, advise the attorney of the last known forwarding address of the inmate. If the inmate is in the custody of the Department, the Office of the General Counsel shall forward the letter and a copy of the judgment or relevant order to the Bureau of Finance and Accounting, Inmate Trust Fund Section.

(c) Once the Bureau of Finance and Accounting, Inmate Trust Fund Section, receives the letter and a copy of the judgment or relevant order, a hold shall immediately be placed on the inmate's account. The inmate shall be promptly advised of the hold and that the reason therefore is an unsatisfied judgment or other monetary order or sanction. A copy of the attorney’s letter or the letter from the probation and parole field office and a copy of the judgment or relevant order will be given to the inmate upon his request.

(d) If there are sufficient funds in the inmate’s account to satisfy the amount shown as due or the remaining balance as stated by the attorney, the appropriate officer shall promptly cause a check to be issued payable to the State of Florida” and shall return the check to the attorney. The check shall be drawn and credited against funds in the inmate's account. At such time, the hold shall be released on the inmate's account. It shall be the attorney's responsibility to see that the check is forwarded to the appropriate state agency or entity.

(e) If there are insufficient funds in the inmate's account to satisfy the amount shown as due or the balance remaining as stated by the attorney, a check shall be issued payable to the State of Florida for the amount contained in the inmate's account. Each time that the inmate receives funds in his account, payment shall be disbursed to the State of Florida until the debt is satisfied. The hold shall remain on the inmate's account until sufficient funds have been paid to satisfy the amount shown as due or the balance remaining thereon. If the inmate is released from the custody of the Department before he has paid the full amount of the judgment, upon his release, a notice shall be sent to the attorney or probation and parole office advising the attorney or office of the inmate’s release, the inmate's last forwarding address, if known, and the fact that the inmate has not paid the full amount of the judgment. A copy of this notice shall be placed in the inmate's file.

Wage/bank account garnishment All Yes
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Florida Fla. Stat. §946.002(2) Requirement of labor; compensation; amount; crediting of account of prisoner; forfeiture; civil rights; prisoner not employee or entitled to compensation insurance benefits

(2)(a) Each prisoner who is engaged in productive work in any state correctional institution, program, or facility under the jurisdiction of the department may receive for work performed such compensation

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as the department shall determine. Such compensation shall be in accordance with a schedule based on quality and quantity of work performed and skill required for performance, and said compensation shall be credited to the account of the prisoner or the prisoner’s family.

(b) Any monetary payments made directly to the prisoner shall be used in whole or in part to satisfy restitution ordered by a court of competent jurisdiction to the victim of the criminal act.

(c) It shall be the policy of the department to require inmates receiving compensation for work performed in community programs to reimburse the state for lodging, food, transportation, and other expenses incurred for sustaining the inmate. Reimbursement shall be according to rules promulgated by the department, which shall provide that the inmate retain only a minimal amount of money for personal items and shall take into consideration compensation that may be allocated for the support of the inmate’s family and for restitution for the victim of the crime committed.

Wage/bank account garnishment All Yes
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Florida Fla. Stat. §944.485 Subsistence fees with respect to certain prisoners; time of adoption; requirements

(1) In recognition of the fact that many prisoners in the correctional system have sources of income and assets outside of the correctional system, which may include bank accounts, inheritances, real

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estate, social security payments, veteran’s payments, and other types of financial resources, and in recognition of the fact that the daily subsistence cost of incarcerating prisoners in the correctional system is a great burden on the taxpayers of the state, each prisoner in the state correctional system, except those who have entered into an agreement under s. 947.135 prior to October 1, 1978: (a) Shall disclose all revenue or assets as a condition of parole or other release eligibility. (b) Shall pay from such income and assets, except where such income is exempt by state or federal law, all or a fair portion of the prisoner’s daily subsistence costs, based upon the inmate’s ability to pay, the liability or potential liability of the inmate to the victim or the guardian or the estate of the victim, and the needs of his or her dependents.

(2)(a) Any prisoner who is directed to pay all or a fair portion of daily subsistence costs is entitled to reasonable advance notice of the assessment and shall be afforded an opportunity to present reasons for opposition to the assessment. (b) An order directing payment of all or a fair portion of a prisoner’s daily subsistence costs may survive against the estate of the prisoner.

Wage/bank account garnishment All Yes
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Florida Fla. Stat. §775.089(12)(a)1 Restitution

(12)(a) Issuance of income deduction order with an order for restitution.— 1. Upon the entry of an order for restitution, the court shall enter a separate order for income deduction

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if one has not been entered.

Wage/bank account garnishment All Yes
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Florida Fla. Stat. §945.091(6)(a) Extension of the limits of confinement; restitution by employed inmates

The department shall require inmates working at paid employment as provided in paragraph (1)(b) to use a portion of the employment proceeds to provide restitution to the aggrieved party for

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the damage or loss caused by the offense of the inmate, in an amount to be determined by the department, unless the department finds clear and compelling reasons not to order such restitution. If restitution or partial restitution is not ordered, the department shall state on the record in detail the reasons therefor.

Wage/bank account garnishment All Yes
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Florida Fla. Stat. §946.512 Inmate compensation plan

The corporation shall establish a compensation plan that provides for a specific amount to be paid to the department to be credited to an account for an inmate performing labor

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and a portion to be used to make any court-ordered payments, including restitution to the victim, and a specific amount to be paid to the Prison Industries Trust Fund to be used as provided in s. 946.522. Such funds, excluding victim restitution payments, court-ordered payments, and the amount credited to the account of the inmate, shall be deposited in the Prison Industries Trust Fund to be used as provided in s. 946.522.

Wage/bank account garnishment All Yes
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Florida Fla. Stat. §946.513(1) Private employment of inmates; disposition of compensation received

Notwithstanding the provisions of any other law, an inmate may be employed by the corporation or by any other private entity operating on the grounds of a correctional institution prior

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to the last 24 months of the inmate’s confinement. Compensation received for such employment shall be credited by the department to an account for the inmate and shall be used to make any court-ordered payments, including restitution to the victim. The department rules shall provide that a portion of such compensation be credited by the department in the manner provided in s. 946.512.

Wage/bank account garnishment All No
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Florida Fla. Stat. §951.24(3)(c) Extend the limits of confinement for county prisoners

Every prisoner gainfully employed is liable for the cost of his or her board in the jail as fixed by the county. The sheriff shall charge the prisoner's account, if

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he or she has one, for such board. If the prisoner is gainfully self-employed he or she shall deposit with the sheriff an amount determined by the court sufficient to accomplish the provisions of subparagraphs (a)1.-5., in default of which his or her privileges under this section are automatically forfeited.

Wage/bank account garnishment All Yes
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Missouri Mo. Ann. Stat. § 558.006 Response to nonpayment

When an offender sentenced to pay a fine defaults in the payment of the fine or in any installment, the fine or installment shall be collected by any means authorized for the enforcement

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collection of money judgments, other than a lien against real estate, or may be waived at the discretion of the sentencing judge.

Other, Wage/bank account garnishment All No
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Missouri Mo. Rev. Stat. § 488.020(3)-(4) Collection of court costs, when, how

The supreme court may provide by rule for imposition of interest on any court costs not paid within thirty days of when due. If any court cost is not paid

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when due, the following actions may be taken:

(3) Upon notification to the party from whom the court cost is due, and upon failure to pay the fee after such notice, the court may inform the office of administration of any delinquencies in excess of twenty-five dollars. Upon receiving such notice, and without further notice by the office of administration to the defaulting party, the office of administration shall deduct the amount of unpaid court costs from any payment by the state to the defaulting party under any provision of law. The office of administration shall transmit the amount set off to the court, and shall send the excess amount to the payee, with a notice that the remainder of the refund was transmitted to the court in satisfaction of all or part of the unpaid court costs. The office of administration and its officials and employees shall not be liable to any person for any action taken in accordance with the requirements of this subdivision. Any proceeding contesting any action taken by a court or the office of administration pursuant to this subdivision shall be brought in the court which certified such unpaid fees to the office of administration, and shall be deemed ancillary to the proceeding for which such unpaid fees were assessed. No appearance, responsive pleading or discovery shall be due from the office of administration in such proceeding except upon order of the court;

(4) Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the fee, the court may hold the party in contempt.

 

Collection fee/interest, Incarceration, Increased fine, Other, Wage/bank account garnishment All No
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Missouri Mo. Rev. Stat. § 488.5028(1)-(3) Court cost delinquencies, income tax setoff may be requested, procedure

1. If a person fails to pay court costs, fines, fees, or other sums ordered by a court, to be paid to the state or political subdivision, a court may report

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any such delinquencies in excess of twenty-five dollars to the office of state courts administrator and request that the state courts administrator seek a setoff of an income tax refund. The state courts administrator shall set guidelines necessary to effectuate the purpose of the offset program. The office of state courts administrator also shall seek a setoff of any income tax refund and lottery prize payouts made to a person whose name has been reported to the office as being delinquent pursuant to section 221.070.

2. The office of state courts administrator shall provide to: (1) The department of revenue, the information necessary to identify each debtor whose refund is sought to be set off and the amount of the debt or debts owed by any debtor who is entitled to a tax refund in excess of twenty-five dollars and any debtor under section 221.070 who is entitled to a tax refund of any amount; and (2) The state lottery commission, the information necessary to identify each debtor whose lottery prize payouts are sought to be set off and the amount of the debt or debts owed by the debtor under section 221.070.

3. The department of revenue shall notify the office of state courts administrator that a refund has been set off, and the state lottery commission shall notify the office when a lottery prize payout has been set off, on behalf of a court. The department or commission shall certify the amount of such setoff, which shall not exceed the amount of the claimed debt certified. When the refund owed or lottery prize payouts exceed the claimed debt, the department of revenue when a refund is set off, or the state lottery commission when lottery prizes are set off, shall send the excess amount to the debtor within a reasonable time after such excess is determined.

Other, Wage/bank account garnishment All No
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Missouri Mo. Ann. Stat. § 558.006(5) Response to nonpayment

Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized for the enforcement of money judgments.

Incarceration, Property liens, Wage/bank account garnishment All No
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Wyoming Wyo. Stat. Ann. § 7-18-114 Record and disbursement of wages; exemption from process; confidentiality of amount

(a) Wages earned by an inmate, parolee or offender while in an adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed

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for the purposes provided in this subsection and in the order specified: (i) Personal necessities; (ii) Room and board to the program operator at a rate to be established by the department; (iii) Support of dependent relations; (iv) Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1-40-119, victims compensation obligations under W.S. 1-40-112(g) and the surcharge imposed under W.S. 7-13-1616; (v) Repealed by Laws 1999, ch. 62, § 2. (vi) Costs of health insurance; and (vii) Remaining funds shall be paid to the inmate, parolee or offender upon parole or final discharge.

(b) Wages earned by offenders, other than parolees or inmates, while in a residential adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed only for the purposes and in the order specified in subsection (a) of this section unless otherwise ordered by the sentencing court. Any remaining funds shall be paid to the offender upon his satisfactory discharge from the program. Upon revocation of an offender's probation, the program operator shall forward any remaining funds to the court or to the institution to which the offender is sentenced as directed by the court.

(c) Program operators shall keep an accurate record and account of all wages earned by inmates, parolees and offenders pursuant to the rules promulgated by the department.

(d) The earnings of inmates under this act are not subject to garnishment, attachment or execution.

(e) Information relating to the amount of wages earned by an inmate, parolee or offender in an adult community corrections program is confidential and is not subject to public inspection.

Wage/bank account garnishment All Yes
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Wyoming Wyo. Stat. Ann. § 7-13-109(b),(c) Payment of jail costs by inmate

(b) An order to pay room and board costs under this section shall be included as a special order in the judgment of conviction. To satisfy the order, the clerk

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of the sentencing court, upon request of the sheriff or prosecuting attorney, may issue execution against any assets of the defendant including wages subject to attachment, in the same manner as in a civil action.

(c) Willful failure or refusal to pay costs ordered under this section is punishable as contempt of court.

Incarceration, Property liens, Wage/bank account garnishment All No
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Wyoming Wyo. Stat. Ann. § 7-16-204 Fines for misconduct

The department of corrections shall adopt rules and regulations to establish a system for punishing prisoner misconduct through the imposition of fines to be deducted from compensation earned as provided

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by W.S. 7-16-203. The rules shall provide for the distribution of the proceeds of fines collected under this section as special aid to discharged or paroled prisoners who are infirm or in any way incapable of earning a sufficient subsistence after their release.

Wage/bank account garnishment All No