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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.
8 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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South Carolina | S.C. Code Ann. § 12-56-50 | Set off of tax refund |
Subject to the limitations contained in this chapter, the department, upon request, shall render assistance in the collection of any delinquent account or debt owing to any claimant agency by + See moresetting off any refunds due the debtor from the department by the sum certified by the claimant agency as delinquent debt.
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Wage/bank account garnishment | All | Yes |
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South Carolina | S.C. Code Ann. § 24-1-295. | Inmate employment wage garnishment |
However, the Director of the Department of Corrections shall deduct the following from the gross earnings of the inmates engaged in prison industry service work in addition to any other + See morerequired deductions:
(1) If restitution to a particular victim or victims has been ordered by a court of appropriate jurisdiction, then twenty percent must be used to fulfill the restitution obligation.
(2) If restitution to a particular victim or victims has not been ordered by a court of appropriate jurisdiction, or if the court-ordered restitution to a particular victim or victims has been satisfied, then twenty percent must be applied to the South Carolina Victim's Compensation Fund.
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Wage/bank account garnishment | All | Yes |
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South Carolina | S.C. Code Ann. § 24-3-40. | Garnishment of wages of prisoner allowed to work |
The Director of the Department of Corrections, or the local detention or correctional facility manager, if applicable, shall deduct the following amounts from the gross wages of the prisoner:
(1) If + See morerestitution to a particular victim or victims has been ordered by the court, then twenty percent must be used to fulfill the restitution obligation. If a restitution payment schedule has been ordered by the court pursuant to Section 17-25-322, the twenty percent must be applied to the scheduled payments. If restitution to a particular victim or victims has been ordered but a payment schedule has not been specified by the court, the director shall impose a payment schedule of equal monthly payments and use twenty percent to meet the payment schedule so imposed.
(2) If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied then:
(a) if the prisoner is engaged in work at paid employment in the community, five percent must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, and fifteen percent must be retained by the department to support services provided by the department to victims of the incarcerated population; or
(b) if the prisoner is employed in a prison industry program, ten percent must be directed to the State Office of Victim Assistance for use in training, program development, victim compensation, and general administrative support pursuant to Section 16-3-1410 and ten percent must be retained by the department to support services provided by the department to victims of the incarcerated population.
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Wage/bank account garnishment | All | Yes |
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South Carolina | S.C. Code Ann. § 24-13-930 | Work/punishment program garnishment |
The earnings of each inmate participating in the work/punishment program, less payroll deductions required by law, must be collected by or surrendered to the official administering the program or his + See moreauthorized representative. From these earnings, the official may deduct in the following order:
(b) any amount the inmate may be legally obligated to pay in restitution to the victim of his offense;
(c) not less than five dollars nor more than ten dollars per workday to offset the cost to the local facility providing food, lodging, supervision, clothing, and care to the inmate. Any remaining amount of the inmate's earnings must be credited to the inmate's earnings account to be disbursed to the inmate upon release or to be disposed of according to applicable regulations of the local correctional facility.
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Wage/bank account garnishment | All | Yes |
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South Carolina | S.C. Code Ann. § 24-21-480. | Restitution Center program; distribution of offenders' salaries. |
The offender must have paid employment and/or be required to perform public service employment up to a total of fifty hours per week.
The offender must deliver his salary to the + See morerestitution center staff who must distribute it in the following manner:
(1) restitution to the victim or payment to the account established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, as ordered by the court;
(2) payment of child support or alimony or other sums as ordered by a court;
(3) payment of any fines or court fees due;
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Wage/bank account garnishment | All | Yes |
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South Carolina | S.C. Code Ann. § 63-19-450. | Youth Industries Program Wage Garnishment |
The director must deduct from wages paid to a juvenile:
(1) state, federal, and local taxes;
(2) allocations for support of children pursuant to law, court order, or agreement by the committed + See morejuvenile; and
(3) contributions to any fund established by law to compensate the victims of crime of not more than twenty percent and not less than five percent of gross wages.
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Wage/bank account garnishment | All | Yes |
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South Carolina | S.C. Code Ann. § 63-19-460 | Juvenile Wage Garnishment |
(C) The wages of a juvenile authorized to work in the Youth Industries Program, if paid other than by the department, must be paid directly to the Department of Juvenile + See moreJustice and credited to the juvenile's account. If the wages are paid by an entity other than the department, these wages must be paid directly to the department, and the department shall credit the wages to the juvenile's account. The director must deduct from wages paid to a juvenile:
(1) state, federal, and local taxes;
(2) allocations for support of children pursuant to law, court order, or agreement by the committed juvenile; and
(3) contributions to any fund established by law to compensate the victims of crime of not more than twenty percent and not less than five percent of gross wages.
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Wage/bank account garnishment | All | Yes |
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South Carolina | S.C. Code Ann. § 16-3-1260(6) | Restitution payment wage garnishment |
(6) Restitution payments to the State Office of Victim Assistance may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to + See morethis article, except that offenders' wages must not be used for this purpose if monthly wages are at or below minimums required to purchase basic necessities.
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Wage/bank account garnishment | All | No |
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