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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.
499 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Montana | Mont. Code Ann. § 45-5-205(4) | Negligent vehicular assault--penalty |
If a term of incarceration is imposed under subsection (2) or (3), the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and + See moreof restitution. If the person does not pay the fine or restitution, the term of incarceration may be imposed.
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Incarceration | Misdemeanor, Felony | 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 + See morethe 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
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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 + See moreany 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.
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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, + See morepursuant 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.
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Wage/bank account garnishment | All | Yes |
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Oklahoma | Okla. Stat. tit. 10A, § 1-4-701B | Reimbursements and costs by parents able to pay |
The court may order the terms and conditions of the payment of costs and expenses described in subsection A of this section. When any parent is financially able but has + See morewillfully failed to pay the costs and reimbursements as ordered by the court pursuant to this section, the parent may be held in indirect contempt of court and, upon conviction, shall be punished pursuant to Section 566 of Title 21 of the Oklahoma Statutes.
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Increased fine | 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 + See morejudgment 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.
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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 + See moreRestitution 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
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Payment plan/installment plan | All | No |
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Michigan | Mich. Comp. Laws § 769.1a(11) | Payment of restitution as condition of sentence, parole, or probation |
If the defendant is placed on probation or paroled or the court imposes a conditional sentence under section 3 of this chapter, any restitution ordered under this section shall be + See morea condition of that probation, parole, or sentence. The court may revoke probation or impose imprisonment under the conditional sentence and the parole board may revoke parole if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order. In determining whether to revoke probation or parole or impose imprisonment, the court or parole board shall consider the defendant's employment status, earning ability, and financial resources, the willfulness of the defendant's failure to pay, and any other special circumstances that may have a bearing on the defendant's ability to pay.
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Incarceration | All | No |
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Michigan | Mich. Comp. Laws § 769.3(2) | Conditional sentence - installments |
(2) Except for a person who is convicted of criminal sexual conduct in the first or third degree, the court may also place the offender on probation with the condition + See morethat the offender pay a fine, costs, damages, restitution, or any combination in installments with any limited time and may, upon default in any of those payments, impose sentence as provided by law.
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Payment plan/installment plan | All | No |
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Michigan | Mich. Comp. Laws § 600.4803 | Failure to pay as subject to late penalty |
A person who fails to pay a penalty, fee, or costs in full within 56 days after that amount is due and owing is subject to a late penalty equal + See moreto 20% of the amount owed. The court shall inform a person subject to a penalty, fee, or costs that the late penalty will be applied to any amount that continues to be unpaid 56 days after the amount is due and owing. . . . A late penalty may be waived by the court upon the request of the person subject to the late penalty.
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Collection fee/interest | All | No |
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Michigan | Mich. Comp. Laws § 780.830a | Deductions and payments |
(1) If a defendant who has been sentenced to jail is ordered to pay restitution under section 76, and if the defendant receives more than $50.00 in a month, the + See moresheriff may deduct 50% of the amount over $50.00 received by the defendant for payment of the restitution, and 5% of the amount over $50.00 received by the defendant to be retained by the sheriff as an administrative fee. The sheriff shall promptly send the money deducted for restitution to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the defendant is released to probation or discharged on the maximum sentence.
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Wage/bank account garnishment | All | No |
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Michigan | Mich. Comp. Laws § 780.796(b)(1)-(3) | Deductions and payments - juvenile |
(1) If a juvenile who has been sentenced to the department of corrections is ordered to pay restitution under section 44, and if the juvenile receives more than $50.00 in + See morea month, the department of corrections shall deduct 50% of the amount over $50.00 received by the juvenile for payment of the restitution. The department of corrections shall promptly send the deducted money to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the juvenile is paroled, transferred to community programs, or discharged on the maximum sentence. (2) If a juvenile who has been sentenced to jail is ordered to pay restitution under section 44, and if the juvenile receives more than $50.00 in a month, the sheriff may deduct 50% of the amount over $50.00 received by the juvenile for payment of the restitution, and 5% of the amount over $50.00 received by the juvenile to be retained by the sheriff as an administrative fee. The sheriff shall promptly send the money deducted for restitution to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the juvenile is released to probation or discharged on the maximum sentence. (3) If a juvenile who has been placed in a juvenile facility is ordered to pay restitution under section 44, and if the juvenile receives more than $50.00 in a month, the department of human services or the county juvenile agency, as applicable, may deduct 50% of the amount over $50.00 received by the juvenile for payment of the restitution. The department of human services or the county juvenile agency, as applicable, shall promptly send the deducted money to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the juvenile is released from the juvenile facility.
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Wage/bank account garnishment | All | Yes |
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Michigan | Mich. Comp. Laws § 12.136 | Collection Services to the Courts: Offsetting tax refunds or other payments; order of priority |
The department, pursuant to its statutory and common law authority, may offset tax refunds or other payments due from the state to a person who owes a debt to a + See morecourt that would be collectible under an agreement described in this act.
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Wage/bank account garnishment | All | No |
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Michigan | Mich. Comp. Laws § 780.766(13) | Restitution - lien (juvenile) |
An order of restitution is a judgment and lien against all property of the defendant for the amount specified in the order of restitution. The lien may be recorded as + See moreprovided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien.
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Property liens | All | No |
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Michigan | Mich. Comp. Laws § 769.1a(13) | Restitution - lien |
An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the + See moredefendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien.
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Property liens | All | Yes |
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Michigan | Mich. Comp. Laws § 780.826(13) | Order of restitution |
An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the + See moredefendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive restitution in the same manner as a judgment in a civil action or a lien.
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Property liens | Misdemeanor | Yes |
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Michigan | Mich. Comp. Laws § 780.826(15) | Offsetting tax refunds |
In each case in which payment of restitution is ordered as a condition of probation, the court shall order any employed defendant to make regularly scheduled restitution payments. If the + See moredefendant misses 2 or more regularly scheduled payments, the court shall order the defendant to execute a wage assignment to pay the restitution. The probation officer assigned to the case shall review the case not less than twice yearly to ensure that restitution is being paid as ordered. If the restitution was ordered to be made within a specific period of time, the probation officer assigned to the case shall review the case at the end of the specific period of time to determine if the restitution has been paid in full. The final review shall be conducted not less than 60 days before the probationary period expires. If the probation officer determines at any review that restitution is not being paid as ordered, the probation officer shall file a written report of the violation with the court on a form prescribed by the state court administrative office or shall petition the court for a probation violation. The report or petition shall include a statement of the amount of the arrearage and any reasons for the arrearage known by the probation officer. The probation officer shall immediately provide a copy of the report or petition to the prosecuting attorney. If a petition or motion is filed or other proceedings are initiated to enforce payment of restitution and the court determines that restitution is not being paid or has not been paid as ordered by the court, the court shall promptly take action necessary to compel compliance.
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Wage/bank account garnishment | Misdemeanor | Yes |
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Michigan | Mich. Comp. Laws § 771.3(2) | Restitution by defendant convicted of misdemeanor |
As a condition of probation, the court may require the probationer to do 1 or more of the following: . . . (b) Pay immediately or within the period of + See morehis or her probation a fine imposed when placed on probation. (c) Pay costs pursuant to subsection (5). (d) Pay any assessment ordered by the court other than an assessment described in subsection (1)(f). . . . (f) Agree to pay by wage assignment any restitution, assessment, fine, or cost imposed by the court.
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Wage/bank account garnishment | All | No |
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Michigan | Mich. Comp. Laws § 257.907(11) | Restitution by defendant convicted of misdemeanor |
If a person fails to comply with an order or judgment issued under this section within the time prescribed by the court, the driver's license of that person shall be + See moresuspended under section 321a until full compliance with that order or judgment occurs. In addition to this suspension, the court may also proceed under section 908.
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Driver's license suspension/impoundment | All | Yes |
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Michigan | Mich. Comp. Laws § 324.40119(7) | Illegal killing, possessing, purchasing, or selling of game or protected animals; restitution; value of animal; order; default in payment; collection |
(7) If a defendant fails to pay upon conviction the sum ordered by the court to be forfeited, the court shall either impose a sentence and, as a condition of + See morethe sentence, require the defendant to satisfy the forfeiture in the amount prescribed and fix the manner and time of payment, or make a written order permitting the defendant to pay the sum to be forfeited in installments at those times and in those amounts that, in the opinion of the court, the defendant is able to pay.
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Payment plan/installment plan | Misdemeanor | Yes |
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