Poverty Penalties and Poverty Traps

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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.

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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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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
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paid or may make an order providing for the payment of such fines and costs in installments.
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
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is 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.
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
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person from office or impose any other civil penalty as a result of conviction of crime.
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
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person from office or impose any other civil penalty as a result of conviction of crime.
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
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person from office or impose any other civil penalty as a result of conviction of crime.
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
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correctional 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.
Condition or extension of supervision All No
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Montana Mont. Code Ann. § 46-18-244(3)(a) Type and time of payment--defenses--ensuring payment
In addition to other methods of payment, the court may order one or more of the following in order to satisfy the offender's restitution obligation: (a) forfeiture and sale of
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the offender's assets under the provisions of Title 25, chapter 13, part 7, unless the court finds, after notice and an opportunity for the offender to be heard, that the assets are reasonably necessary for the offender to sustain a living or support the offender's dependents or unless the state determines that the cost of forfeiture and sale would outweigh the amount available to the victim after sale. If the proceeds of sale exceed the amount of restitution ordered and the costs of forfeiture and sale, any remaining amount must be returned to the offender
Property liens All No
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Montana Mont. Code Ann. § 46-18-244(6) Type and time of payment--defenses--ensuring payment
For a felony offense: (a) during any period that the offender is incarcerated, the department of corrections shall take a percentage, as set by department rule, of any money in
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any account of the defendant administered by the department and use the money to satisfy any existing restitution obligation; (b) at the beginning of any period during which the offender is not incarcerated, the offender shall sign a statement allowing any employer of the offender to garnish up to 25% of the offender's compensation and give the garnished amounts to the department of corrections to be used by the department to satisfy any existing restitution obligation; and (c) during any period that the defendant is on probation or parole, the probation and parole officer shall set a monthly restitution payment amount by dividing the total amount of unpaid restitution by the number of remaining months of probation or parole. The probation and parole officer may adjust the monthly payment up or down by a maximum of 10%, depending on the offender's circumstances.
Wage/bank account garnishment All Yes
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Montana Mont. Code Ann. § 46-18-244(7) Type and time of payment--defenses--ensuring payment
The department of corrections shall give the department of revenue a copy of the order to pay restitution. If full restitution has not been paid, the department of revenue shall,
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pursuant to an agreement made under 46-18-241, intercept any state tax refunds and any federal tax refunds, as provided by law, due the offender and transfer the money to the department of corrections for a felony offense and to the sentencing court for a misdemeanor offense for disbursement to the victim.
Wage/bank account garnishment All Yes
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Montana Mont. Code Ann. § 46-18-208 Termination of remaining portion of deferred or suspended sentence--petition
When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor or defendant may file a petition to terminate the time remaining on
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the sentence…The court may grant the petition if it finds that...the defendant has paid all restitution and court-ordered financial obligations in full.
Incarceration All No
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Montana Mont. Code Ann. § 46-18-233 Fine or costs as condition on suspended or deferred sentence
(1) Whenever a defendant is sentenced to pay a fine or costs under 46-18-231 or 46-18-232 and the imposition or execution of the rest of the defendant's sentence is deferred
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or suspended, the court may make payment of the fine or costs a condition for probation. (2) A suspended or deferred sentence may not be revoked if the defendant defaults on the payment of the fine and the default is not attributable to an intentional refusal to obey the order of the court or a failure to make a good faith effort to make the payment.
Incarceration All No
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Montana Mont. Code Ann. § 46-18-237 Garnishment--report by supervising authority
(1) If the department of corrections becomes aware that a person while incarcerated under the legal custody of the department of corrections or a person supervised by the department is
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entitled to receive money from any source, the person's supervising authority may prepare a report... (2) The supervising authority shall provide notice and a copy of the report to the office of victims services in the department of justice and the county attorney for the county in which the person was sentenced, either of whom may submit the report along with a petition for garnishment to the court that sentenced the person. The court may order garnishment of the person's money for the payment of restitution, child support, and per diem costs of incarceration owed by the person. Upon receipt of the petition, the court shall provide a copy of the report to the person, who has 15 days following receipt to file an objection. The court may hold a hearing to consider objections raised by the person. (3) Upon compliance with the provisions of subsections (1) and (2), the court shall determine the amount of restitution, child support, and repayment for per diem costs owed by the person. The court shall order, up to the amount of money available, payment of an amount equal to the restitution owed by the person to the person designated under 46-18-245 to supervise the making of restitution payments, any outstanding child support payments to the department of public health and human services for disbursement to the obligee, and per diem costs owed by the person. All restitution owed by the person must be paid prior to payment of any child support payments. All child support owed by the person must be paid prior to the payment of any per diem costs.
Wage/bank account garnishment All No
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Montana Mont. Code Ann. § 46-18-201(3) Sentences that may be imposed
(a) Whenever a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere, a sentencing judge may impose a
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sentence that may include: (i) a fine as provided by law for the offense; (ii) payment of costs, as provided in 46-18-232, or payment of costs of assigned counsel as provided in 46-8-113... (b) A court may permit a part or all of a fine to be satisfied by a donation of food to a food bank program.
Community service All No
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Montana Mont. Code Ann. § 46-18-201(6) Sentences that may be imposed
In addition to any of the penalties, restrictions, or conditions imposed pursuant to subsections (1) through (5), the sentencing judge may include the suspension of the license or driving privilege
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of the person to be imposed upon the failure to comply with any penalty, restriction, or condition of the sentence. A suspension of the license or driving privilege of the person must be accomplished as provided in 61-5-214 through 61-5-217.
Driver's license suspension/impoundment All No
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Montana Mont. Code Ann. § 46-18-601 Judgment in writing--lien
(1) The judgment shall be reduced to writing and signed by the judge. (2) A judgment that the defendant pay a fine or costs constitutes a lien upon the real estate
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of the defendant, which lien dates from the date of the defendant's arrest.
Property liens All Yes
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Wisconsin Wis. Stat. § 973.07 Failure to pay fine, fees, surcharges, or costsor to comply with certain community service work.
If the fine, plus costs, fees, and surcharges imposed under ch. 814, are not paid or community service work under s. 943.017 (3) is not completed as required by the
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sentence, the defendant may be committed to the county jail until the fine, costs, fees, and surcharges are paid or discharged, or the community service work under s.943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.
Incarceration All No
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Wisconsin Wis. Stat. § 973.05(4)(a) Fines ("Judgment of unpaid amount by court")
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:(a)
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Issue a judgment for the unpaid amount and direct the clerk to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid amount, the court shall send to the defendant at his or her last?known address written notification that a civil judgment has been issued for the unpaid fine, surcharge, costs, or fees. The judgment has the same force and effect as judgments docketed under s. 806.10.
Increased fine All No
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Wisconsin Wis. Stat. § 973.05(4)(b) Fines ("Wage/benefits garnishment")
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:
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(b) Issue an order assigning not more than 25 percent of the defendant’s commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102, and other money due or to be due inthe future to the clerk of circuit court for payment of the unpaid fine, surcharge, costs, or fees. In this paragraph, “employer” includes the state and its political subdivisions.
Wage/bank account garnishment All No
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Wisconsin Wis. Stat. § 973.05(4)(c) Fines ("Garnishment of lottery winnings")
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:
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(c) Issue an order assigning lottery prizes won by a defendant whose name is on the list supplied to the clerk of circuit court under s. 565.30 (5r) (a), for payment of the unpaid fine, surcharge, costs, or fees.
Wage/bank account garnishment All No