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. §775.0844(8)(b) White Collar Crime Victim Protection Act

The court retains jurisdiction to enforce its order to pay fines or restitution. The court may initiate proceedings against a defendant for a violation of probation or for contempt of

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court if the defendant willfully fails to comply with a lawful order of the court.

Condition or extension of supervision Felony Yes
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Florida Fla. Stat. §775.0844(8)(a) White Collar Crime Victim Protection Act

The court shall make the payment of restitution a condition of any probation granted to the defendant by the court. Notwithstanding any other law, the court may order continued probation

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for a defendant convicted under this section for up to 10 years or until full restitution is made to the victim, whichever occurs earlier.

Condition or extension of supervision Felony Yes
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Florida Fla. Stat. §948.09(3) Payment for cost of supervision and other monetary obligations

Any failure to pay contribution as required under this section may constitute a ground for the revocation of probation by the court, the revocation of parole or conditional release by

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the Florida Commission on Offender Review, the revocation of control release by the Control Release Authority, or removal from the pretrial intervention program by the state attorney.

Condition or extension of supervision All No
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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. §938.29(1)(c) Legal assistance; lien for payment of attorney's fees or costs

The defendant shall pay the application fee under s. 27.52(1)(b) and attorney's fees and costs in full or in installments, at the time or times specified. The court may order

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payment of the assessed application fee and attorney's fees and costs as a condition of probation, of suspension of sentence, or of withholding the imposition of sentence.

Condition or extension of supervision Misdemeanor 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. §947.181 Fines, fees, restitution, or other costs ordered to be paid as conditions of parole

(1) The commission shall require the payment of fines, fees, restitution, or other court-ordered costs as a condition of parole unless the commission finds reasons to the contrary. Restitution to

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the aggrieved party for injury, damage, or loss caused by the offense for which the parolee was imprisoned shall have first priority in the payment of amounts owed under this section. If the commission does not require the payment of fines, fees, restitution, or other court-ordered costs or requires only partial payment of the fines, fees, restitution, or other court-ordered costs, the commission shall state on the record the reasons for its decision.

(2) If the parolee fails to make the payments as required in subsection (1), it shall be considered by the commission as a violation of parole as specified in s. 947.21 and may be cause for revocation of parole.

(3) If a defendant is paroled, any restitution ordered under s. 775.089 shall be a condition of such parole. The Florida Commission on Offender Review may revoke parole if the defendant fails to comply with such order.

(4) In determining whether to revoke parole, the commission shall consider the defendant’s employment status, earning ability, and financial resources; the willfulness of the defendant’s failure to pay; and any other special circumstances that may have a bearing on the defendant’s ability to pay.

Condition or extension of supervision 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. §775.089(1)(a) Restitution

In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1. Damage or loss caused directly or indirectly by the defendant’s offense;

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and 2. Damage or loss related to the defendant’s criminal episode, unless it finds clear and compelling reasons not to order such restitution. Restitution may be monetary or nonmonetary restitution. The court shall make the payment of restitution a condition of probation in accordance with s. 948.03. An order requiring the defendant to make restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund pursuant to chapter 960. Payment of an award by the Crimes Compensation Trust Fund shall create an order of restitution to the Crimes Compensation Trust Fund, unless specifically waived in accordance with subparagraph (b)1.

Condition or extension of supervision 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. §947.147 Victim restitution as condition of control release

If the defendant is released under control release, any restitution ordered under s. 775.089 shall be a condition of such release. The Control Release Authority may revoke the offender’s control

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release if the defendant fails to comply with such order. In determining whether to revoke control release, the Control Release Authority shall consider the defendant’s employment status, earning ability, and financial resources; the willfulness of the defendant’s failure to pay; and any other special circumstances that may have a bearing on the defendant’s ability to pay.

Condition or extension of supervision All Yes
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Florida Fla. Stat. §947.18 Conditions of parole

No person shall be placed on parole merely as a reward for good conduct or efficient performance of duties assigned in prison. No person shall be placed on parole until

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and unless the commission finds that there is reasonable probability that, if the person is placed on parole, he or she will live and conduct himself or herself as a respectable and law-abiding person and that the person’s release will be compatible with his or her own welfare and the welfare of society. No person shall be placed on parole unless and until the commission is satisfied that he or she will be suitably employed in self-sustaining employment or that he or she will not become a public charge. The commission shall determine the terms upon which such person shall be granted parole. If the person’s conviction was for a controlled substance violation, one of the conditions must be that the person submit to random substance abuse testing intermittently throughout the term of supervision, upon the direction of the correctional probation officer as defined in s. 943.10(3). In addition to any other lawful condition of parole, the commission may make the payment of the debt due and owing to the state under s. 960.17 or the payment of the attorney’s fees and costs due and owing to the state under s. 938.29 a condition of parole subject to modification based on change of circumstances. If the person’s conviction was for a crime that was found to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, one of the conditions must be that the person be prohibited from knowingly associating with other criminal gang members or associates, except as authorized by law enforcement officials, prosecutorial authorities, or the court, for the purpose of aiding in the investigation of criminal activity.

Condition or extension of supervision All No
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Florida Fla. Stat. §775.089(4) Restitution

If a defendant is placed on probation or paroled, complete satisfaction of any restitution ordered under this section shall be a condition of such probation or parole. The court may

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revoke probation, and the Florida Commission on Offender Review may revoke parole, if the defendant fails to comply with such order.

Condition or extension of supervision 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. §948.03(1)(f) Terms and conditions of probation

(1) The court shall determine the terms and conditions of probation. Conditions specified in this section do not require oral pronouncement at the time of sentencing and may be considered

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standard conditions of probation. These conditions may include among them the following, that the probationer or offender in community control shall: (f) Make reparation or restitution to the aggrieved party for the damage or loss caused by his or her offense in an amount to be determined by the court. The court shall make such reparation or restitution a condition of probation, unless it determines that clear and compelling reasons exist to the contrary. If the court does not order restitution, or orders restitution of only a portion of the damages, as provided in s. 775.089, it shall state on the record in detail the reasons therefor.

Condition or extension of supervision All Yes
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Florida Fla. Stat. §948.03(1)(i) Terms and conditions of probation

(1) The court shall determine the terms and conditions of probation. Conditions specified in this section do not require oral pronouncement at the time of sentencing and may be considered

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standard conditions of probation. These conditions may include among them the following, that the probationer or offender in community control shall: (i) Make payment of the debt due and owing to the state under s. 960.17, subject to modification based on change of circumstances.

Condition or extension of supervision All Yes
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Florida Fla. Stat. §948.032 Condition of probation; restitution

If a defendant is placed on probation, any restitution ordered under s. 775.089 shall be a condition of the probation. The court may revoke probation if the defendant fails to

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comply with the order. In determining whether to revoke probation, the court shall consider the defendant’s employment status, earning ability, and financial resources; the willfulness of the defendant’s failure to pay; and any other special circumstances that may have a bearing on the defendant’s ability to pay.

Condition or extension of supervision 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