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. Stat. §984.09(4)(d) Punishment for contempt of court; alternative sanctions

In addition to any other sanction imposed under this section, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend, a child's

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driver license or driving privilege. The court may order that a child's driver license or driving privilege be withheld or suspended for up to 1 year for a first offense of contempt and up to 2 years for a second or subsequent offense. If the child's driver license or driving privilege is suspended or revoked for any reason at the time the sanction for contempt is imposed, the court shall extend the period of suspension or revocation by the additional period ordered under this paragraph. If the child's driver license is being withheld at the time the sanction for contempt is imposed, the period of suspension or revocation ordered under this paragraph shall begin on the date on which the child is otherwise eligible to drive. For a child in need of services whose driver license or driving privilege is suspended under this paragraph, the court may direct the Department of Highway Safety and Motor Vehicles to issue the child a license for driving privileges restricted to business or employment purposes only, as defined in s. 322.271, or for the purpose of completing court-ordered community service, if the child is otherwise qualified for a license. However, the department may not issue a restricted license unless specifically ordered to do so by the court.

Driver's license suspension/impoundment All No
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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. Ann. § 322.245(1) Suspension of license upon failure of person charged with specified offense

(1) If a person charged with a violation of any of the criminal offenses enumerated in s. 318.17 or with the commission of any offense constituting a misdemeanor under chapter

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320 or this chapter fails to comply with all of the directives of the court within the time allotted by the court, the clerk of the traffic court shall mail to the person, at the address specified on the uniform traffic citation, a notice of such failure, notifying him or her that, if he or she does not comply with the directives of the court within 30 days after the date of the notice and pay a delinquency fee of up to $25 to the clerk, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, his or her driver license will be suspended. The notice shall be mailed no later than 5 days after such failure. The delinquency fee may be retained by the office of the clerk to defray the operating costs of the office.

Driver's license suspension/impoundment All Yes
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Florida Fla. Stat. §322.245(2) Suspension of license upon failure of person charged with specified offense

(2) In non-IV-D cases, if a person fails to pay child support under chapter 61 and the obligee so requests, the depository or the clerk of the court shall mail in

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accordance with s. 61.13016 the notice specified in that section, notifying him or her that if he or she does not comply with the requirements of that section and pay a delinquency fee of $25 to the depository or the clerk, his or her driver license and motor vehicle registration will be suspended. The delinquency fee may be retained by the depository or the office of the clerk to defray the operating costs of the office after the clerk remits $15 to the Department of Revenue for deposit into the General Revenue Fund.

Driver's license suspension/impoundment 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. §322.245(5)(a) Suspension of license upon failure of person charged with specified offense

When the department receives notice from a clerk of the court that a person licensed to operate a motor vehicle in this state under the provisions of this chapter has

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failed to pay financial obligations for any criminal offense other than those specified in subsection (1), in full or in part under a payment plan pursuant to s. 28.246(4), the department shall suspend the license of the person named in the notice.

Driver's license suspension/impoundment 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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New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
When a defendant sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), a penalty imposed pursuant to section 11 of P.L.2001, c. 81 (C.2C:43-3.6),
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a penalty imposed pursuant to section 1 of P.L.2005, c. 73 (C.2C:14-10), monthly probation fee, fine, a penalty imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5), other court-imposed financial obligations or to make restitution or pay child support or other support or maintenance ordered by a court defaults in the payment thereof or of any installment, upon the motion of the person authorized by law to collect the payment, the motion of the prosecutor, the motion of the victim entitled to payment of restitution, the motion of the Victims of Crime Compensation Office, the motion of the State or county Office of Victim and Witness Advocacy or upon its own motion, the court shall recall him, or issue a summons or a warrant of arrest for his appearance. The court shall afford the person notice and an opportunity to be heard on the issue of default. Failure to make any payment when due shall be considered a default. The standard of proof shall be by a preponderance of the evidence, and the burden of establishing good cause for a default shall be on the person who has defaulted. (1) If the court finds that the person has defaulted without good cause, the court shall: (a) Order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person
Driver's license suspension/impoundment All Yes
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New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
When a defendant sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), a penalty imposed pursuant to section 11 of P.L.2001, c. 81 (C.2C:43-3.6),
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a penalty imposed pursuant to section 1 of P.L.2005, c. 73 (C.2C:14-10), monthly probation fee, fine, a penalty imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5), other court-imposed financial obligations or to make restitution or pay child support or other support or maintenance ordered by a court defaults in the payment thereof or of any installment, upon the motion of the person authorized by law to collect the payment, the motion of the prosecutor, the motion of the victim entitled to payment of restitution, the motion of the Victims of Crime Compensation Office, the motion of the State or county Office of Victim and Witness Advocacy or upon its own motion, the court shall recall him, or issue a summons or a warrant of arrest for his appearance. The court shall afford the person notice and an opportunity to be heard on the issue of default. Failure to make any payment when due shall be considered a default. The standard of proof shall be by a preponderance of the evidence, and the burden of establishing good cause for a default shall be on the person who has defaulted. (1) If the court finds that the person has defaulted without good cause, the court shall: (a) Order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person
Driver's license suspension/impoundment All Yes
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New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
When a defendant sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), a penalty imposed pursuant to section 11 of P.L.2001, c. 81 (C.2C:43-3.6),
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a penalty imposed pursuant to section 1 of P.L.2005, c. 73 (C.2C:14-10), monthly probation fee, fine, a penalty imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5), other court-imposed financial obligations or to make restitution or pay child support or other support or maintenance ordered by a court defaults in the payment thereof or of any installment, upon the motion of the person authorized by law to collect the payment, the motion of the prosecutor, the motion of the victim entitled to payment of restitution, the motion of the Victims of Crime Compensation Office, the motion of the State or county Office of Victim and Witness Advocacy or upon its own motion, the court shall recall him, or issue a summons or a warrant of arrest for his appearance. The court shall afford the person notice and an opportunity to be heard on the issue of default. Failure to make any payment when due shall be considered a default. The standard of proof shall be by a preponderance of the evidence, and the burden of establishing good cause for a default shall be on the person who has defaulted. (1) If the court finds that the person has defaulted without good cause, the court shall: (a) Order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person
Driver's license suspension/impoundment All Yes
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New Jersey N.J. Stat. Ann. § 17:29A-35 Motor vehicle violations surcharges for private passenger automobiles
If, upon written notification from the commission or its designee, mailed to the last address of record with the commission, a driver fails to pay a surcharge levied under this section and
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collectible by the commission, the driving privilege of the driver shall be suspended forthwith until at least five percent of each outstanding surcharge assessment that has resulted in suspension is paid to the commission; except that the commission may authorize payment of the surcharge on an installment basis over a period of 12 months for assessments under $2,300 or 24 months for assessments of $2,300 or more. The commission, for good cause, may authorize payment of any surcharge on an installment basis over a period not to exceed 36 months. If a driver fails to pay the surcharge or any installments on the surcharge, the total surcharge shall become due immediately, except as otherwise prescribed by rule of the commission.
Driver's license suspension/impoundment All Yes