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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Idaho Idaho Code § 31-3220A Prisoner Payment of Fees at Time of Filing of Action -- Partial Payment of Fees -- Dismissal of Action

(4)  If the court permits the prisoner's action to proceed on partial payment of court fees, the court shall assess and, when funds exist, collect a partial payment of any court

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fees as set forth in sections 31-3201 and 31-3201A, Idaho Code, an initial partial filing fee of twenty percent (20%) of the greater of: (a)  The average monthly deposits to the prisoner's inmate account; or (b)  The average monthly balance for the six (6) month period immediately preceding the filing of the action;   (5)  After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of twenty percent (20%) of the preceding month's income credited to the prisoner's inmate account until the full amount of all applicable court fees set forth in sections 31-3201 and 31-3201A, Idaho Code, are paid. The agency or entity having custody of the prisoner shall forward payments from the prisoner's inmate account to the clerk of the court each time the amount in the prisoner's inmate account exceeds ten dollars ($ 10.00) until the full amount of all applicable court fees set forth in sections 31-3201 and 31-3201A, Idaho Code, are paid.

Payment plan/installment plan All No
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Mississippi Miss. Code Ann. § 99-19-20 (1) Fines; payment; indigent defendants; inability to work or unavailability of work
When any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments
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to the clerk of said court or to the judge, if there be no clerk, or (c) that payment of the fine be a condition of probation, or (d) that the defendant be required to work on public property for public benefit under the direction of the sheriff for a specific number of hours, or (e) any combination of the above.
Payment plan/installment plan All No
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Mississippi Miss. Code Ann. § 99-37-5(1) Payment and orders
When a defendant is sentenced to pay a fine or costs or ordered to make restitution, the court may order payment to be made forthwith or within a specified period
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of time or in specified installments. If a defendant is sentenced to a term of imprisonment, an order of payment of a fine, costs or restitution shall not be enforceable during the period of imprisonment unless the court expressly finds that the defendant has assets to pay all or part of the amounts ordered at the time of sentencing.
Payment plan/installment plan All No
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Wisconsin Wis. Stat. § 973.20(10)(a) Restitution
(10) (a) The court may require that restitution be paid immediately, within a specified period or in specified installments. If the defendant is placed on probation or sentenced to imprisonment,the
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end of a specified period shall not be later than the end of any period of probation, extended supervision or parole. If the defendant is sentenced to the intensive sanctions program, the end of a specified period shall not be later than the end of the sentence under s. 973.032 (3) (a). (b) The department or the clerk of court may certify an amount owed under par. (a) to the department of revenue if any of the following apply: 1. The court required that restitution be paid immediately and more than 30 days have passed since the order was entered. 2. The court required that restitution be paid within a specified period and more than 30 days have passed since the expiration of that period. 3. The court required that restitution be paid in specified installments and the defendant is delinquent in making any of those payments.
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Wisconsin Wis. Stat. § 800.035(2)(a)(4) Initial Appearance in Municipal Court
(2) If a defendant appears in person, all of the following shall occur:(a) The court shall, either orally or in writing, do all of the following: 4. Inform the
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defendant that if he or she is unable to pay the forfeiture, costs, fees, or surcharges due to poverty, he or she may request an installment payment, community service, or a stay of the judgment.
Payment plan/installment plan All No