Poverty Penalties and Poverty Traps

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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. § 8-2110 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
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the 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.
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
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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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Utah Utah Code Ann. § 77-38a-401 Entry of judgment--Interest--Civil actions--Lien
(1) Upon the court determining that a defendant owes restitution, the clerk of the court shall enter an order of complete restitution as defined in Section 77-38a-302 on the civil
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judgment docket and provide notice of the order to the parties. (2) The order shall be considered a legal judgment, enforceable under the Utah Rules of Civil Procedure. In addition, the department may, on behalf of the person in whose favor the restitution order is entered, enforce the restitution order as judgment creditor under the Utah Rules of Civil Procedure. (3) If the defendant fails to obey a court order for payment of restitution and the victim or department elects to pursue collection of the order by civil process, the victim shall be entitled to recover collection and reasonable attorney fees.
Property liens All Yes
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Utah Utah Code Ann. § 77-18-6.5(2) Liability of rescued person for costs of emergency response
The judgment shall constitute a lien when recorded in the judgment docket and shall have the same effect and is subject to the same rules as a judgment for money
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in a civil action.
Property liens All Yes
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Utah Utah Code Ann. § 77-27-6 Payment of restitution
When the Board of Pardons and Parole orders the release on parole of an inmate who has been sentenced to make restitution pursuant to Title 77, Chapter 38a, Crime Victims
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Restitution Act, or whom the board has ordered to make restitution, and all or a portion of restitution is still owing, the board may establish a schedule, including both complete and court-ordered restitution, by which payment of the restitution shall be made
Payment plan/installment plan All No
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Utah Utah Code Ann. § 76-3-201.1(b) Collection of criminal judgments--installment plan
Criminal judgment accounts receivable means any amount due the state arising from a criminal judgment for which payment has not been received by the state agency that is servicing the
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debt... The court may permit a defendant to pay a criminal judgment account receivable in installments.
Payment plan/installment plan All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--warrants
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
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own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest...(4)(a) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure to make a good faith effort to make the payment, the court may find that the default constitutes contempt. (b) Upon a finding of contempt, the court may order the defendant committed until the criminal judgment account receivable, or a specified part of it, is paid...(5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(d) except as provided in Section 77-18-8[fines issued in addition to imprisonment or in lieu of imprisonment], execute the original sentence of imprisonment
Incarceration All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--collection of civil judgment
Upon default in the payment of a criminal judgment account receivable or upon default in the payment of any installment of that receivable, the criminal judgment account receivable may be
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collected as provided in this section or Subsection 77-18-1(9) or (10), and by any means authorized by law for the collection of a civil judgment.
Property liens All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--compulsory service
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
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own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(f) except as limited by Subsection (6) [restitution], convert the criminal judgment account receivable or any part of it to compensatory service
Community service All No