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.
7 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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Illinois | 705 Ill. Comp. Stat. 105/27.2b | State income tax refund intercept |
The Clerk of the Circuit Court may enter into an agreement with the Illinois Department of Revenue to establish a pilot program for the purpose of collecting certain balances owed. The purpose shall be to intercept, in whole or in part, State income tax refunds due the persons who owe past due fees to the Clerk of the Circuit Court in order to satisfy unpaid assessments under the Criminal and Traffic Assessment Act [705 ILCS 135/1-1 et seq.] and fines as ordered by the court.
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Other | All | 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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For more information, please visit cjpp.law.harvard.edu.