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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.
67 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. § 8-2110 | Failure to comply with traffic citation; misdemeanor; suspension of driver's license; restricted driving privileges; fees for mailing notice; reinstatement fee; authorized only by legislative enactment; disposition of reinstatement fees |
When a person fails to comply with a traffic citation, except for illegal parking, standing or stopping, the district or municipal court in which the person should have complied with + See morethe citation shall mail notice to the person that if the person does not appear in district or municipal court or pay all fines, court costs and any penalties within 30 days from the date of mailing notice, the division of vehicles will be notified to suspend the person's driving privileges. The district or municipal court may charge an additional fee of $5 for mailing such notice.
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Driver's license suspension/impoundment | Misdemeanor | Yes |
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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 + See morea 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.
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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 + See moreservice 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.
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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 + See morethat 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;
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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 + See morethat 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;
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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 + 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(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 + See morecivil 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.
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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 + 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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Texas | Tex. Code Crim. Proc. Art 43.09 (f),(j)-(k) | Fine Discharged |
(f) A court may require a defendant who is unable to pay a fine or costs to discharge all or part of the fine or costs by performing community service. (j) A court may not order a defendant to perform more than 16 hours per week of community service under Subsection (f) unless the court determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s dependents.
(k) A defendant is considered to have discharged $100 of fines or costs for each eight hours of community service performed under Subsection (f) of this article |
Community service | All | No |
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Texas | Tex. Code Crim. Proc. art. 42.15(c) | Fines and Costs |
When imposing a fine and costs in a misdemeanor case, if the court determines that the defendant is unable to immediately pay the fine and costs, the court shall allow the defendant to pay the fine and costs in specified portions at designated intervals.
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Payment plan/installment plan | Misdemeanor | Yes |
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Texas | Tex. Code Crim. Proc. Art. 42A.752(a)-(b) | Continuation or Modification of Community Supervision After Violation |
(a) If after a hearing under Article 42A.751(d) a judge continues or modifies community supervision after determining that the defendant violated a condition of community supervision, the judge may impose any other conditions the judge determines are appropriate, including: (1) a requirement that the defendant perform community service for a number of hours specified by the court under Article 42A.304, or an increase in the number of hours that the defendant has previously been required to perform under that article in an amount not to exceed double the number of hours permitted by that article; (2) an extension of the period of community supervision, in the manner described by Article 42A.753; (3) an increase in the defendant’s fine, in the manner described by Subsection (b); or (4) the placement of the defendant in a substance abuse felony punishment program operated under Section 493.009, Government Code . . .
(b) A judge may impose a sanction on a defendant described by Subsection (a)(3) by increasing the fine imposed on the defendant. The original fine imposed on the defendant and an increase in the fine imposed under this subsection may not exceed the maximum fine for the offense for which the defendant was sentenced. The judge shall deposit money received from an increase in the defendant’s fine under this subsection in the special fund of the county treasury to be used for the same purposes for which state aid may be used under Chapter 76, Government Code. |
Community service, Extension of probation/supervision, Increased fine | All | No |
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Texas | Tex. Loc. Gov't Code § 133.103(a) | Time Payment fee |
A person convicted of an offense shall pay, in addition to all other costs, a fee of $25 if the person:(1) has been convicted of a felony or misdemeanor; and (2) pays any part of a fine, court costs, or restitution on or after the 31st day after the date on which a judgment is entered assessing the fine, court costs, or restitution.
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Increased fine | All | Yes |
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Texas | Tex. Code Crim. Proc. art. 102.072 | Administrative Fee |
An officer listed in Article 103.003 or a community supervision and corrections department may assess an administrative fee for each transaction made by the officer or department relating to the collection of fines, fees, restitution, or other costs imposed by a court. The fee may not exceed $2 for each transaction.
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Increased fine | All | No |
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Texas | Tex. Code Crim. Proc. Art. 43.07 | Execution for Fine and Costs |
In each case of pecuniary fine, an execution may issue for the fine and costs, though a capias pro fine was issued for the defendant; and a capias pro fine may issue for the defendant though an execution was issued against the defendant's property. The execution shall be collected and returned as in civil actions. When the execution has been collected, the defendant shall be at once discharged; and whenever the fine and costs have been legally discharged in any way, the execution shall be returned satisfied.
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Property liens | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.751(a)(8)-(9) | Basic Discretionary Conditions |
The judge of the court having jurisdiction of the case shall determine the conditions of community supervision. The judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. Conditions of community supervision may include conditions requiring the defendant to:
(8) pay in one or more amounts: (A) the defendant’s fine, if one is assessed; and (B) all court costs, regardless of whether a fine is assessed; (9) support the defendant’s dependents |
Condition or extension of supervision | All | No |
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For more information, please visit cjpp.law.harvard.edu.