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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Georgia Ga. Code Ann. § 42-8-102(f)(4) Fixing of Sentence; Supervision or Probation of Sentence; Change in Sentence; Eligibility For Parole; Prohibited Modifications; Exceptions

(A) For failure to report to probation or failure to pay fines, statutory surcharges, or probation supervision fees, the court shall consider the use of alternatives to confinement, including community

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service, modification of the terms of probation, or any other alternative deemed appropriate by the court. The court shall consider whether a failure to pay court imposed financial obligations was willful. In the event an alternative is not warranted, the court shall revoke the balance of probation or a period not to exceed 120 days in confinement, whichever is less; and (B) For failure to comply with any other general provision of probation or suspension, the court shall consider the use of alternatives to confinement, including community service or any other alternative deemed appropriate by the court. In the event an alternative is not warranted, the court shall revoke the balance of probation or a period not to exceed two years in confinement, whichever is less.

Community service All Yes
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Georgia Ga. Code Ann. § 42-8-102(f)(2) Probation and Supervision; Determination of Fees, Fines, and Restitution; Converting Moneys Owed to Community Service or Educational Advancement; Community Jurisdiction; Revocation; Transfer

(A)  When the sole basis for a probation revocation is for failure to pay fines, statutory surcharges, or probation supervision fees, the probationer shall be scheduled to appear on the

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court's next available court calendar for a hearing on such issue. No prehearing arrest warrant shall be issued under such circumstances. Absent a waiver, the court shall not revoke a probationary sentence for failure to pay fines, statutory surcharges, or probation supervision fees without holding a hearing, inquiring into the reasons for the probationer's failure to pay, and, if a probationary sentence is revoked, making an express written determination that the probationer has not made sufficient bona fide efforts to pay and the probationer's failure to pay was willful or that adequate alternative types of punishment do not exist. Should the probationer fail to appear at such hearing, the court may, in its discretion, revoke the probated sentence. (B)  A person otherwise found eligible to have his or her probation modified or terminated pursuant to paragraph (1) of this subsection shall not be deemed ineligible for modification or termination of probation solely due to his or her failure to pay fines, statutory surcharges, or probation supervision fees.

Condition or extension of supervision All Yes
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Georgia Ga. Code Ann. § 42-8-34(e)(3)(A)(iii);(e)(3)(B) Sentencing Hearings and Determinations; Presentence Investigations; Payment of Fees, Fines, and Costs; Post-Conviction, Presentence Bond; Continuing Jurisdiction; Transferal of Probation Supervision

(iii)  "Significant financial hardship" means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months;  (B)  The court shall waive,

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modify, or convert fines, statutory surcharges, probation supervision fees, and any other moneys assessed by the court or a provider of probation services upon a determination by the court prior to or subsequent to sentencing that a defendant has a significant financial hardship or inability to pay or that there are any other extenuating factors which prohibit payment or collection; provided, however, that the imposition of sanctions for failure to pay such sums shall be within the discretion of the court through judicial process or hearings.

All No
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Georgia Ga. Code Ann. § 42-8-34.2(a) Delinquency of Defendant in Payment of Fines, Costs, or Restitution or Reparation; Costs of Garnishment

In the event that a defendant is delinquent in the payment of fines, costs, or restitution or reparation, as was ordered by the court as a condition of probation, the

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defendant's officer shall be authorized, but shall not be required, to execute a sworn affidavit wherein the amount of arrearage is set out. In addition, the affidavit shall contain a succinct statement as to what efforts DCS has made in trying to collect the delinquent amount. The affidavit shall then be submitted to the sentencing court for approval. Upon signature and approval of the court, such arrearage shall then be collectable through issuance of a writ of fieri facias by the clerk of the sentencing court; and DCS may enforce such collection through any judicial or other process or procedure which may be used by the holder of a writ of execution arising from a civil action.

Civil judgment All No
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Georgia Ga. Code Ann. § 17-6-1.1(1);(2) Electronic Pretrial Release and Monitoring Program for Defendants; Requirements; Procedures; Fees

(1)  As an additional condition of electronic pretrial release and monitoring, a defendant authorized to participate in such program by the court shall pay a reasonable, nonrefundable fee for program enrollment,

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equipment use, and monitoring to the provider of such program. If a bonding company, bonding agent, or probation service provider is the provider, the fees earned in the capacity of being such a provider shall be in addition to the fees allowed in Code Sections 17-6-30, 42-8-34, and 42-8-102; (2)  The fees connected with the electronic pretrial release and monitoring program shall be timely paid by a defendant as a condition of his or her ongoing participation in the electronic pretrial release and monitoring program in accordance with the terms for such programs as approved by the court. Failure to make timely payments shall constitute a violation of the terms of the electronic pretrial release and monitoring program and shall result in the defendant's immediate return to custody.

Incarceration All No
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Oklahoma Okla. Stat. tit. 10A, § 1-4-701B Reimbursements and costs by parents able to pay
The court may order the terms and conditions of the payment of costs and expenses described in subsection A of this section. When any parent is financially able but has
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willfully failed to pay the costs and reimbursements as ordered by the court pursuant to this section, the parent may be held in indirect contempt of court and, upon conviction, shall be punished pursuant to Section 566 of Title 21 of the Oklahoma Statutes.
Increased fine All No
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Oklahoma Okla. Stat. tit. 22, § 979a Payment of jail costs by inmate
The sheriff, municipality or other public entity responsible for the operation of the jail may collect costs of incarceration ordered by the court from the jail account of the inmate.
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If the funds collected from the jail account of the inmate are insufficient to satisfy the actual incarceration costs ordered by the court, the sheriff, municipality or other public entity responsible for the operation of the jail is authorized to collect the remaining balance of the incarceration costs by civil action.
Wage/bank account garnishment All No
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Oklahoma 22 Okl.St.Ann. § 456A Bench warrant, fee for issuance of
For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge
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and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Collection fee/interest All Yes
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Oklahoma 22 Okl.St.Ann. § 966A Bench warrant, fee for issuance of
For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge
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and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Collection fee/interest All Yes
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Oklahoma 22 Okl.St.Ann. § 983A Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments
Any defendant found guilty of an offense in any court of this state may be imprisoned for nonpayment of the fine, cost, fee, or assessment when the trial court finds
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after notice and hearing that the defendant is financially able but refuses or neglects to pay the fine, cost, fee, or assessment. A sentence to pay a fine, cost, fee, or assessment may be converted into a jail sentence only after a hearing and a judicial determination, memorialized of record, that the defendant is able to satisfy the fine, cost, fee, or assessment by payment, but refuses or neglects so to do.
Incarceration All No
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Oklahoma 22 Okl.St.Ann. § 983B Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments
After a judicial determination that the defendant is able to pay the fine, cost, fee, or assessment in installments, the court may order the fine, cost, fee, or assessment to
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be paid in installments and shall set the amount and date for each installment.
Payment plan/installment plan All No
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Oklahoma 22 Okl.St.Ann. § 983C Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments
In addition, the district court or municipal court, within one hundred twenty (120) days from the date upon which the person was originally ordered to make payment, may send notice
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of nonpayment of any court ordered fine and costs for a moving traffic violation to the Department of Public Safety with a recommendation of suspension of driving privileges of the defendant until the total amount of any fine and costs has been paid. Upon receipt of payment of the total amount of the fine and costs for the moving traffic violation, the court shall send notice thereof to the Department, if a nonpayment notice was sent as provided for in this subsection. Notices sent to the Department shall be on forms or by a method approved by the Department.
Driver's license suspension/impoundment Traffic No
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Oklahoma 11 Okl.St.Ann. § 14-111 Enforcement and penalties for violation of municipal ordinances
The governing body may provide that any person fined for violation of a municipal ordinance who is financially able but refuses or neglects to pay the fine or costs may
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be compelled to satisfy the amount owed by working on the streets, alleys, avenues, areas, and public grounds of the municipality, subject to the direction of the street commissioner or other proper officer, at a rate per day as the governing body may prescribe by ordinance, but not less than Fifty Dollars ($50.00) per day for useful labor, until the fine or costs are satisfied.
Work program/jail industry program Misdemeanor No
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Oklahoma 11 Okl.St.Ann. § 28-124 Imprisonment for nonpayment of fine and costs--Persons unable to pay
Any person who shall be convicted in the municipal criminal court of record of a violation of any ordinance of the city and sentenced to pay a fine and costs,
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who is financially able but refuses or neglects to pay such fine and costs, shall be imprisoned in the jail, farm or workhouse of the city, in the discretion of the court, for one (1) day for each Twenty-five Dollars ($25.00) of the fine and cost assessed or one (1) day for each Fifty Dollars ($50.00) of the fine and cost assessed if the person performs useful labor. If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court in the county where the situs of the municipal government is located where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. Thereupon, the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.
Work program/jail industry program Misdemeanor No
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Oklahoma Okla. Stat. tit. 11, § 22-138 Municipal collection agency contracts
A governing body of a municipality that enters into a contract with a collection agency pursuant to this section may authorize the addition of a collection fee in an amount
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not to exceed thirty-five percent (35%) on each item described in subsection A of this section that has been referred by the municipality to the collection agency for collection. If a municipality enters into such contract with a collection agency and authorizes the collection fee, the court shall order defendants to reimburse the fee arising pursuant to paragraph 2 of subsection A of this section and such court-ordered fee may be collected as provided by law for the collection of any other civil debt or criminal action.
Collection fee/interest All Yes
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Oklahoma Okla. Stat. tit. 57, § 58.3 Sentence and fine or cost credits for prisoner labor
Prisoners employed as provided herein shall be given a credit of two (2) days on a jail sentence for each day worked, and a credit of Fifty Dollars ($50.00) per
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day upon the payment of a fine or court cost, if sentenced for nonpayment of a fine or court cost. The sheriff shall be authorized to order the credit be given to the prisoner on the records of the court where the conviction of the prisoner is filed.
Work program/jail industry program All Yes
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Oklahoma Okla. Stat. tit. 11, § 27-122 Enforcement of payment of fines or costs by imprisonment--Persons unable to pay
A. If a defendant who is financially able refuses or neglects to pay a fine or costs or both, payment may be enforced:1. By imprisonment until the same shall be
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satisfied at the rate of Twenty-five Dollars ($25.00) per day; or 2. In the same manner as is prescribed in subsection B of this section for a defendant who is without means to make such payment. B. If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court in the county where the situs of the municipal government is located, where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. The same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.
Incarceration All No
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Oklahoma Okla. Stat. tit. 11, § 28-123 Execution of sentence--Modification, reduction or suspension--Probation--Deferred sentence
. All sentences of imprisonment shall be executed by the chief of police of the city, and any person convicted of a violation of any ordinance of the city and
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sentenced to imprisonment shall be confined in the jail, farm or workhouse, of the city, in the discretion of the court, for the time specified in the sentence. All persons who shall be convicted in the court of violation of any ordinance of the city and sentenced to pay a fine and costs, who shall refuse to pay such fine or costs, shall be imprisoned in the jail of the city for one (1) day for each Two Dollars ($2.00) of the fine and costs assessed.
Incarceration All No