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. § 8-1567 Driving a commercial motor vehicle under the influence; penalties
In lieu of payment of a fine imposed pursuant to this section, the court may order that the person perform community service specified by the court. The person shall receive
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a credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed not later than one year after the fine is imposed or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date.
Community service All No
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Kansas Kan. Stat. Ann. § 21-6604(q) Authorized dispositions; crimes committed on or after July 1, 1993
In imposing a fine, the court may authorize the payment thereof in installments. In lieu of payment of any fine imposed, the court may order that the person perform community
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service specified by the court. The person shall receive a credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed by the later of one year after the fine is imposed or one year after release from imprisonment or jail, or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance shall become due on that date. If conditional reduction of any fine is rescinded by the court for any reason, then pursuant to the court's order the person may be ordered to perform community service by one year after the date of such rescission or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date. All credits for community service shall be subject to review and approval by the court.
Payment plan/installment plan All No
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Kansas Kan. Stat. Ann. § 21-6607(b)(11) Conditions of probation or suspended sentence; correctional supervision fee; correctional supervision fund; searches; drug testing; written reports
The court may impose any conditions of probation, suspension of sentence or assignment to a community correctional services program that the court deems proper, including, but not limited to, requiring
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that the defendant: (11) perform services under a system of day fines whereby the defendant is required to satisfy fines, costs or reparation or restitution obligations by performing services for a period of days, determined by the court on the basis of ability to pay, standard of living, support obligations and other factors;
Condition or extension of supervision All No
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Kansas Kan. Stat. Ann. § 21-6607(b)(7) Conditions of probation or suspended sentence; correctional supervision fee; correctional supervision fund; searches; drug testing; written reports
The court may impose any conditions of probation, suspension of sentence or assignment to a community correctional services program that the court deems proper, including, but not limited to, requiring
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that the defendant: (7) pay a fine or costs, applicable to the offense, in one or several sums and in the manner as directed by the court;
Condition or extension of supervision All No
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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(b)(1)(2) Authorized dispositions; crimes committed on or after July 1, 1993
If the court orders restitution, the restitution shall be a judgment against the defendant which may be collected by the court by garnishment or other execution as on judgments in
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civil cases. If, after 60 days from the date restitution is ordered by the court, a defendant is found to be in noncompliance with the plan established by the court for payment of restitution, and the victim to whom restitution is ordered paid has not initiated proceedings in accordance with K.S.A. 60-4301 et seq., and amendments thereto, the court shall assign an agent procured by the attorney general pursuant to K.S.A. 75-719, and amendments thereto, to collect the restitution on behalf of the victim. The chief judge of each judicial district may assign such cases to an appropriate division of the court for the conduct of civil collection proceedings.
Wage/bank account garnishment 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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New Hampshire N.H. Rev. Stat. § 604-A:9(I) Repayment

The state may collect from the defendant a service charge of up to 10 percent of the total amount of fees and expenses owed by such defendant.

Collection fee/interest All No
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New Hampshire N.H. Rev. Stat. Ann. § 631:2-b Domestic Violence

In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. If the court determines that the defendant

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is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this section shall not be subject to an additional penalty assessment. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15.

Payment plan/installment plan All Yes
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New Hampshire N.H. Rev. Stat. § 504-A:13(I) Supervision and Service Charges

The court shall establish a supervision fee for probationers, and the parole board shall establish a supervision fee for parolees. The fee shall not be less than $40 a month,

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unless waived in whole or in part by the court, board or commissioner, and may be any greater amount as established by the court or board. This fee shall be considered a condition of release, and failure to satisfy this obligation shall be grounds for a violation hearing, unless the probationer or parolee has been found to be indigent and, for that reason, unable to pay the fee. Service charges for collection of fines and fees, other than supervision fees, shall be established at 10 percent of the funds collected.

Collection fee/interest, Condition or extension of supervision All Yes
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New Hampshire N.H. Rev. Stat. Ann. § 490:26-a(II-a) Court Fees and Fines; Credit Card Payments

The supreme court may establish by rule an equitable fee of not less than $25 to be added to a fine whenever a court extends the time for the payment

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of the fine. An equitable fee assessed by a court under this paragraph shall be paid prior to or simultaneously with the payment of the fine.

Collection fee/interest All No
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New Hampshire N.H. Rev. Stat. Ann. § 618:7 Execution

A writ of execution may be issued for any fine in a criminal case, notwithstanding the respondent may be committed or detained in a county correctional facility for nonpayment thereof,

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and if the fine is collected upon the execution, the convict shall not be further detained on account thereof.

Incarceration All No
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New Hampshire N.H. Rev. Stat. Ann. § 618:6 Place of Committal

Any person sentenced to pay a fine shall be ordered to be imprisoned until sentence is performed, or he or she is otherwise legally discharged, in the county correctional facility

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in which the crime was committed. This section shall not be construed as authorizing the confinement of any juvenile under the age of 17 years in a county correctional facility for the nonpayment of a fine.

Incarceration All Yes
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New Hampshire N.H. Rev. Stat. Ann. § 651:22 Jurisdiction Over and Disposition of Wages and Income

In any criminal case, in addition to such other terms and conditions as may be imposed by the court, a defendant who has received a suspended sentence or who has

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been released under RSA 651:19 may be required by the court to surrender to the department of corrections or other agency designated by the court all or part of his wages or other income, less standard payroll deduction required by law, earned during the time he is not confined under the sentence. The court may direct that, after deducting therefrom the cost of his maintenance while not confined, the balance be applied as needed for restitution payments made to authorized claimants pursuant to RSA 651:62 through 66 and for the support and maintenance of his dependents. Any balance after such applications shall be deposited in a savings account to be released to him or applied as needed for restitution payments or the support of his dependents as the court may order, or applied to the designated cost of room and board at the institution for the period of time during which the inmate is working before the expiration of his sentence. Upon expiration of his sentence the balance remaining shall be paid to him or his order.

Wage/bank account garnishment All No
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New Hampshire N.H. Rev. Stat. Ann. § 651:64(I),(III) Time and Method of Restitution

I. The time and method of restitution payments or performance of restitution services shall be specified by the department of corrections. Monetary restitution may be by lump sum, or by

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periodic installments in any amounts.

III. The department may garnish the offender's wages for the purpose of ensuring payment of victim restitution.

Payment plan/installment plan, Wage/bank account garnishment All No