Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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.
13 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Kansas | Kan. Stat. Ann. § 22-3425(1) | Commitment for failure to pay fine and costs |
(1) When a defendant is adjudged to pay a fine and costs, the court may order him to be committed to the county jail until such fine and costs are + See morepaid or may make an order providing for the payment of such fines and costs in installments.
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Incarceration | All | No |
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Kansas | K.S.A. Const. Bill of Rights § 16 | Imprisonment for debt | No person shall be imprisoned for debt, except in cases of fraud. | Incarceration | All | Yes |
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Kansas | Kan. Stat. Ann. § 22-3425(2) | Commitment for failure to pay fine and costs |
Any person confined in the county jail for failure to pay a fine or costs may be released by the court which imposed sentence, upon satisfactory proof that such person + See moreis unable to pay such fine and costs. A release under this section shall not discharge a person from his liability to pay the fine and costs adjudged against him, but they may thereafter be collected by execution as on judgments in civil cases.
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Payment plan/installment plan | All | No |
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Kansas | Kan. Stat. Ann. § 21-6604(j) | Authorized dispositions; crimes committed on or after July 1, 1993 |
(j) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a + See moreperson from office or impose any other civil penalty as a result of conviction of crime.
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Driver's license suspension/impoundment | All | No |
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Kansas | Kan. Stat. Ann. § 21-6604(j) | Authorized dispositions; crimes committed on or after July 1, 1993 |
(j) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a + See moreperson from office or impose any other civil penalty as a result of conviction of crime.
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Driver's license suspension/impoundment | All | No |
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Kansas | Kan. Stat. Ann. § 21-6604(f)(1) | Authorized dispositions; crimes committed on or after July 1, 1993 |
(j) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a + See moreperson from office or impose any other civil penalty as a result of conviction of crime.
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Property liens | All | No |
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Kansas | Kan. Stat. Ann. § 21-6604(j) | Authorized dispositions; crimes committed on or after July 1, 1994 |
(f)(1) When a new felony is committed while the offender is incarcerated and serving a sentence for a felony, or while the offender is on probation, assignment to a community + See morecorrectional services program, parole, conditional release or postrelease supervision for a felony, a new sentence shall be imposed consecutively pursuant to the provisions of K.S.A. 21-6606, and amendments thereto, and the court may sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure.
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Condition or extension of supervision | All | No |
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Michigan | Mich. Comp. Laws § 769.3(2) | Conditional sentence - installments |
(2) Except for a person who is convicted of criminal sexual conduct in the first or third degree, the court may also place the offender on probation with the condition + See morethat the offender pay a fine, costs, damages, restitution, or any combination in installments with any limited time and may, upon default in any of those payments, impose sentence as provided by law.
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Payment plan/installment plan | All | No |
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Michigan | Mich. Comp. Laws § 600.4803 | Failure to pay as subject to late penalty |
A person who fails to pay a penalty, fee, or costs in full within 56 days after that amount is due and owing is subject to a late penalty equal + See moreto 20% of the amount owed. The court shall inform a person subject to a penalty, fee, or costs that the late penalty will be applied to any amount that continues to be unpaid 56 days after the amount is due and owing. . . . A late penalty may be waived by the court upon the request of the person subject to the late penalty.
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Collection fee/interest | All | No |
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Michigan | Mich. Comp. Laws § 12.136 | Collection Services to the Courts: Offsetting tax refunds or other payments; order of priority |
The department, pursuant to its statutory and common law authority, may offset tax refunds or other payments due from the state to a person who owes a debt to a + See morecourt that would be collectible under an agreement described in this act.
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Wage/bank account garnishment | All | No |
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Michigan | Mich. Comp. Laws § 771.3(2) | Restitution by defendant convicted of misdemeanor |
As a condition of probation, the court may require the probationer to do 1 or more of the following: . . . (b) Pay immediately or within the period of + See morehis or her probation a fine imposed when placed on probation. (c) Pay costs pursuant to subsection (5). (d) Pay any assessment ordered by the court other than an assessment described in subsection (1)(f). . . . (f) Agree to pay by wage assignment any restitution, assessment, fine, or cost imposed by the court.
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Wage/bank account garnishment | All | No |
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Michigan | Mich. Comp. Laws § 257.907(11) | Restitution by defendant convicted of misdemeanor |
If a person fails to comply with an order or judgment issued under this section within the time prescribed by the court, the driver's license of that person shall be + See moresuspended under section 321a until full compliance with that order or judgment occurs. In addition to this suspension, the court may also proceed under section 908.
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Driver's license suspension/impoundment | All | Yes |
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Oregon | Or. Rev. Stat. § 1.005 | Credit card transactions for fees, security deposits, fines and other court-imposed obligations; rules |
The Chief Justice of the Supreme Court or the presiding judge of any judicial district of this state may establish by rule a program to permit the use of credit card transactions as security deposits, fines, assessments, restitution or any other court-imposed monetary obligation arising out of an offense. The program may also provide for the use of credit card transactions to pay for filing fees, response fees, certification fees and any other fees charged by the court. Any rules adopted pursuant to this section may provide for recovery from the person using the credit card of an additional amount reasonably calculated to recover any charge to the court by a credit card company resulting from use of the credit card.
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Other | All | No |
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For more information, please visit cjpp.law.harvard.edu.