50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
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See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
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Level of Offense
Below are the poverty penalties and poverty traps that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
8 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Hawaii | Haw. Rev. Stat. § 291C-171.5 | Collection of fines and costs |
(a) Unless discharged by payment or service of imprisonment in default of a fine, a fine may be collected in the same manner as a judgment in a civil action.(b) Costs may be collected in the same manner as a judgment in a civil action, but shall not be deemed part of the penalty, and no person shall be imprisoned under this section in default of payment of costs. (c) The state attorney general may institute proceedings to collect the fine, and costs, including interest and attorney's fees, as a civil judgment in the court of appropriate jurisdiction.
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Civil judgment | All | No |
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Hawaii | Haw. Rev. Stat. § 706-644(5) | Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection |
(5) Unless discharged by payment or, in the case of a fee or fine, service of imprisonment pursuant to subsection (3), an order to pay a fee, fine, or restitution, whether as an independent order, as a part of a judgment and sentence, or as a condition of probation or deferred plea pursuant to chapter 853, may be collected in the same manner as a judgment in a civil action. The State or the victim named in the order may collect the restitution, including costs, interest, and attorney's fees, pursuant to section 706-646. The State may collect the fee or fine, including costs, interest, and attorney's fees pursuant to section 706-647.
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Civil judgment | All | No |
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Hawaii | Haw. Rev. Stat. § 706-642(2) | Time and method of payment |
(2) When a defendant sentenced to pay a fine is also sentenced to probation, the court may make the payment of the fine a condition of probation. |
Condition or extension of supervision | All | No |
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Hawaii | Haw. Rev. Stat. § 706-630 | Probation: Discharge of defendant |
Upon the termination of the period of the probation or the earlier discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the court and shall have satisfied the disposition of the court, except as to any action under this chapter to collect unpaid fines, restitution, attorney’s fees, costs, or interest.
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Condition or extension of supervision | Misdemeanor, Felony | No |
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Rhode Island | R.I. Gen. Laws. Ann. § 12-21-1(1) | Methods of recovering fines and forfeitures |
Unless otherwise specially provided: (1) All fines of five hundred dollars ($ 500) and under shall be recovered by complaint and summons; (2) All fines of upwards of five hundred dollars ($ 500), by indictment or information;
(3) All penalties and pecuniary forfeitures, by action of debt; and (4) All forfeitures of personal property, by complaint and warrant or by information. |
Civil judgment, Other | All | Yes |
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Rhode Island | R.I. Gen. Laws. Ann. § 12-25-26 | Recovery of victim compensation from offender |
Whenever any person is convicted of an offense and compensation is awarded under this chapter or under the 1972 Act for a personal injury or death resulting from the act constituting the offense, the state of Rhode Island shall institute an action against that person for the recovery of the whole or any specified part of the compensation in the superior court of the state of Rhode Island in any county, or in the state or federal court of any other state or district in which that person resides or is found, or make a finding in writing, of the reasons why it is impractical or impossible to institute that action. The office shall pursue the recovery whenever possible in order to provide additional funds for the violent crimes indemnity account. The administrator shall develop rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, to identify those so convicted, determine their ability to compensate the fund, and file whatever action is appropriate to recoup those funds.
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Civil judgment, Other | All | Yes |
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Rhode Island | R.I. Gen. Laws. Ann. § 12-19-8.1 | Conditions of probation |
(a) The following shall constitute basic conditions of probation applicable to all defendants upon whom a period of probation has been imposed: (8) Pay restitution, court costs, and fines, if assessed, in one or several sums, based on the defendant's ability to pay; and
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Condition or extension of supervision | All | No |
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Rhode Island | R.I. Gen. Laws. Ann. § 12-25-26 | Recovery from offender |
(a) Whenever any person is convicted of an offense and compensation is awarded under this chapter or under the 1972 Act for a personal injury or death resulting from the act constituting the offense, the state of Rhode Island shall institute an action against that person for the recovery of the whole or any specified part of the compensation in the superior court of the state of Rhode Island in any county, or in the state or federal court of any other state or district in which that person resides or is found, or make a finding in writing, of the reasons why it is impractical or impossible to institute that action. The office shall pursue the recovery whenever possible in order to provide additional funds for the violent crimes indemnity account. The administrator shall develop rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, to identify those so convicted, determine their ability to compensate the fund, and file whatever action is appropriate to recoup those funds.
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Civil judgment | All | No |
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