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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.
9 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Illinois | 730 Ill. Comp. Stat. 5/5-6-3(a)(7) | Conditions of probation and of conditional discharge |
(7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this paragraph (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this paragraph (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or high school equivalency testing if a fee is charged for those courses or testing.
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Condition or extension of supervision | All | Yes |
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Illinois | 730 Ill. Comp. Stat. 5/5-6-3(i) | Conditions of probation and of conditional discharge |
(i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee.
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Condition or extension of supervision | All | Yes |
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Illinois | 730 ILCS 5/5-6-3(b)(10)(iv) | Conditions of probation and of conditional discharge |
(iv) for persons convicted of any alcohol, cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be.
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Condition or extension of supervision | All | Yes |
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Nebraska | Neb. Rev. Stat. § 29-2412 (3) | Fine and costs; nonpayment; commutation upon confinement; credit; amount |
(1) (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due date of such fines or costs, or for failure to comply with the terms of an order pursuant to sections 29-2206 and 29-2206.01, shall be entitled to a hearing on the first regularly scheduled court date following the date of arrest.
(b) If the court or magistrate determines that the person is financially able to pay the fines or costs and the person refuses to pay, the court or magistrate may: (i) Order the person to be confined in the jail of the proper county until the fines or costs are paid or secured to be paid or the person is otherwise discharged pursuant to subsection (4) of this section; or (ii) Enter an order pursuant to subdivision (1)(d) of this section discharging the person of such fines or costs and order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279; (3) Nothing in this section shall authorize any person to be discharged from imprisonment before the expiration of the time for which he or she may be sentenced to be imprisoned as part of his or her punishment (4) (a) Any person held in custody for nonpayment of fines or costs or for default on an installment shall be entitled to a credit on the fines, costs, or installment of one hundred fifty dollars for each day so held. (b) In no case shall a person held in custody for nonpayment of fines or costs be held in such custody for more days than the maximum number to which he or she could have been sentenced if the penalty set by law includes the possibility of confinement. |
Community service, Incarceration | All | No |
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Nebraska | Neb. Rev. Stat. § 29-2262(2)(l)-(m),(s)-(t) | Probation; conditions |
(2) The court may, as a condition of a sentence of probation, require the offender: for tests to determine the presence of drugs or alcohol, psychological evaluations, offender assessment screens, and rehabilitative services required in the identification, evaluation, and treatment of offenders if such offender has the financial ability to pay for such services;
(s) To make restitution as described in sections 29-2280 and 29-2281; or (t) To pay for all costs imposed by the court, including court costs and the fees imposed pursuant to section 29-2262.06. |
Condition or extension of supervision | All | No |
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Nebraska | Neb. Rev. Stat. § 29-2262.06(1),(5) | Fees; waiver; when; failure to pay; effect |
(1) Except as otherwise provided in this section, whenever a district court or county court sentences an adult offender to probation, the court shall require the probationer to pay a one-time administrative enrollment fee and thereafter a monthly probation programming fee.
(5) If a probationer defaults in the payment of monthly probation programming fees or any installment thereof, the court may revoke his or her probation for nonpayment, except that probation shall not be revoked nor shall the offender be imprisoned for such nonpayment if the probationer is financially unable to make the payment, if he or she so states to the court in writing under oath, and if the court so finds after a hearing. |
Condition or extension of supervision | All | No |
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Utah | Utah Code Ann. § 76-3-201.1 | Collection of criminal judgments--compulsory service |
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its + See moreown motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(f) except as limited by Subsection (6) [restitution], convert the criminal judgment account receivable or any part of it to compensatory service
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Community service | All | No |
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Utah | Utah Code Ann. § 76-3-201.1 | Collection of criminal judgments--extend probation |
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its + See moreown motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...start the period of probation anew
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Condition or extension of supervision | All | No |
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Utah | Utah Code Ann. § 77-32a-6 | Payment as condition of probation or suspended sentence |
When a defendant sentenced to pay costs is also placed on probation or imposition or execution of sentence is suspended, the court may make payment of costs a condition of + See moreprobation or suspension of sentence.
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Condition or extension of supervision | All | No |
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