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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.
76 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Virginia | Va. Code Ann. § 19.2-356 | Requiring payment as condition of probation/suspended sentence |
If a defendant is placed on probation, or imposition or execution of sentence is suspended, or both, the court may make payment of any fine, or costs, or fine and + See morecosts, either on a certain date or on an installment basis, a condition of probation or suspension of sentence.
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Condition or extension of supervision | All | No |
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Louisiana | CCRP 895.5.C | Compliance Enforcement |
The district attorney may take all lawful action necessary to require compliance with court-ordered payments, including filing a petition for revocation of probation, filing a petition to show cause for + See morecontempt of court, or institution of any other civil or criminal proceedings which may be authorized by law or by rule of court. In addition, the district attorney may issue appropriate notices to inform the defendant of his noncompliance and of the penalty for noncompliance. In the event that the district attorney institutes any other civil or criminal proceedings pursuant to this Paragraph, the defendant shall be charged costs of court and such costs shall be added to the amount due.
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Condition or extension of supervision | All | No |
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Mississippi | Miss. Code Ann. § 99-37-5(2) | Payment and orders |
(2) When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the + See morecourt may make payment of the fine or costs or the making of restitution a condition of probation or suspension of sentence. Such offenders shall make restitution payments directly to the victim. As an alternative to a contempt proceeding under Sections 99-37-7 through 99-37-13, the intentional refusal to obey the restitution order or a failure by a defendant to make a good faith effort to make such restitution may be considered a violation of the defendant's probation and may be cause for revocation of his probation or suspension of sentence.
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Condition or extension of supervision | All | No |
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Mississippi | Miss. Code. Ann. § 47-1-3 | Working out fine, costs, sentence |
It is the imperative duty of the board of supervisors in each county in this state to require each convict sentenced to imprisonment in the county jail and the payment + See moreof a fine and costs, or to imprisonment and payment of costs, or to payment of fine and costs, to work out the sentence on the county convict farm or on the public roads or other public works of the county, or in a contiguous county, as herein provided. But any convict who is sentenced to the payment of a fine and costs and who pays such fine and costs shall thereby be relieved from working out such fine and costs, but the payment in full of such fine and costs shall not relieve such convict from working out the full time of his imprisonment as adjudged in his sentence.
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Work program/jail industry program | All | Yes |
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Louisiana | CCRP 903.3 B | Substance abuse treatment - inability/failure to pay |
B. If the defendant does not have the financial resources to pay all the related costs of the probation program, the court may do either of the following:
(1) + See moreTo the extent practicable, arrange for the defendant to be assigned to a treatment program funded by the state or federal government.
(2) With the recommendation of the treatment program, order the defendant to perform supervised work for the benefit of the community in lieu of paying all or a part of the costs related to his treatment and supervision. The work shall be performed for and under the supervising authority of a parish, municipality, or other political subdivision or agency of the state or a charitable organization that renders service to the community or its residents.
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Work program/jail industry program | All | No |
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Louisiana | CCRP 895.1.D | Work program for failure to pay probation fee |
The court may, in lieu of the monthly supervision fee provided for in Paragraph C, require the defendant to perform a specified amount of community service work each month if + See morethe court finds the defendant is unable to pay the minimum supervision fee provided for in Paragraph C
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Work program/jail industry program | All | No |
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South Carolina | S.C. Code Ann. § 24-21-100. | Administrative monitoring |
(A) Notwithstanding the provisions of Section 24-19-120, 24-21-440, 24-21-560(B), or 24-21-670, when an individual has not fulfilled the individual's obligations for payment of financial obligations by the end of the + See moreindividual's term of supervision, then the individual shall be placed under quarterly administrative monitoring, as defined in Section 24-21-5, by the department until such time as those financial obligations are paid in full or a consent order of judgment is filed. If the individual under administrative monitoring fails to make reasonable progress toward the payment of such financial obligations, as determined by the department, the department may petition the court to hold an individual in civil contempt for failure to pay the financial obligations. The department shall provide written notice of the petition and any scheduled contempt hearing by depositing the notice in the United States mail with postage prepaid addressed to the person at the address contained in the records of the department. The giving of notice by mail is complete ten days after the deposit of the notice. A certificate by the director of the department or the director's designee that the notice has been sent as required in this section is presumptive proof that the requirements as to notice of petition and any scheduled contempt hearing have been met even if the notice has not been received by the offender. If the court finds the individual has the ability to pay but has not made reasonable progress toward payment, the court may hold the individual in civil contempt of court and may impose a term of confinement in the local detention center until payment of the financial obligations, but in no case to exceed ninety days of confinement. Following any term of confinement, the individual shall be returned to quarterly administrative monitoring by the department. If the individual under administrative monitoring does not have the ability to pay the financial obligations and has no reasonable likelihood of being able to pay in the future, the department may submit a consent order of judgment to the court, which shall relieve the individual of any further administrative monitoring.
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Condition or extension of supervision | All | Yes |
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South Carolina | S.C. Code Ann. §24-21-100 | Administrative monitoring when fines outstanding; fee. |
(A) Notwithstanding the provisions of Section 24-19-120, 24-21-440, 24-21-560(B), or 24-21-670, when an individual has not fulfilled the individual's obligations for payment of financial obligations by the end of the + See moreindividual's term of supervision, then the individual shall be placed under quarterly administrative monitoring, as defined in Section 24-21-5, by the department until such time as those financial obligations are paid in full or a consent order of judgment is filed. If the individual under administrative monitoring fails to make reasonable progress toward the payment of such financial obligations, as determined by the department, the department may petition the court to hold an individual in civil contempt for failure to pay the financial obligations. The department shall provide written notice of the petition and any scheduled contempt hearing by depositing the notice in the United States mail with postage prepaid addressed to the person at the address contained in the records of the department. The giving of notice by mail is complete ten days after the deposit of the notice. A certificate by the director of the department or the director's designee that the notice has been sent as required in this section is presumptive proof that the requirements as to notice of petition and any scheduled contempt hearing have been met even if the notice has not been received by the offender. If the court finds the individual has the ability to pay but has not made reasonable progress toward payment, the court may hold the individual in civil contempt of court and may impose a term of confinement in the local detention center until payment of the financial obligations, but in no case to exceed ninety days of confinement. Following any term of confinement, the individual shall be returned to quarterly administrative monitoring by the department. If the individual under administrative monitoring does not have the ability to pay the financial obligations and has no reasonable likelihood of being able to pay in the future, the department may submit a consent order of judgment to the court, which shall relieve the individual of any further administrative monitoring.(B) An individual placed on administrative monitoring shall pay a regular monitoring fee toward offsetting the cost of his administrative monitoring for the period of time that he remains under monitoring. The regular monitoring fee must be determined by the department based upon the ability of the person to pay. The fee must not be more than ten dollars a month. All regular monitoring fees must be retained by the department, carried forward, and applied to the department's operation.
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Condition or extension of supervision | All | Yes |
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South Carolina | S.C. Code Ann. § 24-21-480 | Payment as condition of suspended sentence | Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence. | Condition or extension of supervision | 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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New York | N.Y. Crim. Proc. Law § 420.10(1)(c) | Payment as condition of probation |
Where the defendant is sentenced to a period of probation as well as a fine, restitution or reparation and such designated surcharge, the court may direct the payment of the + See morefine, restitution or reparation and such designated surcharge be a condition of the sentence
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Condition or extension of supervision | All | No |
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Oklahoma | 11 Okl.St.Ann. § 14-111 | Enforcement and penalties for violation of municipal ordinances |
The governing body may provide that any person fined for violation of a municipal ordinance who is financially able but refuses or neglects to pay the fine or costs may + See morebe compelled to satisfy the amount owed by working on the streets, alleys, avenues, areas, and public grounds of the municipality, subject to the direction of the street commissioner or other proper officer, at a rate per day as the governing body may prescribe by ordinance, but not less than Fifty Dollars ($50.00) per day for useful labor, until the fine or costs are satisfied.
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Work program/jail industry program | Misdemeanor | No |
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Oklahoma | 11 Okl.St.Ann. § 28-124 | Imprisonment for nonpayment of fine and costs--Persons unable to pay |
Any person who shall be convicted in the municipal criminal court of record of a violation of any ordinance of the city and sentenced to pay a fine and costs, + See morewho is financially able but refuses or neglects to pay such fine and costs, shall be imprisoned in the jail, farm or workhouse of the city, in the discretion of the court, for one (1) day for each Twenty-five Dollars ($25.00) of the fine and cost assessed or one (1) day for each Fifty Dollars ($50.00) of the fine and cost assessed if the person performs useful labor. If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court in the county where the situs of the municipal government is located where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. Thereupon, the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.
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Work program/jail industry program | Misdemeanor | No |
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Oklahoma | Okla. Stat. tit. 57, § 58.3 | Sentence and fine or cost credits for prisoner labor |
Prisoners employed as provided herein shall be given a credit of two (2) days on a jail sentence for each day worked, and a credit of Fifty Dollars ($50.00) per + See moreday upon the payment of a fine or court cost, if sentenced for nonpayment of a fine or court cost. The sheriff shall be authorized to order the credit be given to the prisoner on the records of the court where the conviction of the prisoner is filed.
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Work program/jail industry program | All | Yes |
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Tennessee | Tenn. Code Ann. § 41-2-111 | Hard labor; good time credit; disciplinary review boards |
(a) In all cases where a person is by law liable to be imprisoned in the county jail for punishment or for failure to pay a fine, that person shall + See morebe sentenced to be confined, and shall be confined, at hard labor in the county workhouse until the expiration of the sentence of imprisonment or, subject to the limitations imposed by § 40-24-104, until the fine has been worked out, paid or secured to be paid.
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Work program/jail industry program | All | Yes |
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Tennessee | Tenn. Code Ann. § 41-3-104 | Fines and costs; payment |
If a prisoner is confined for failure to pay a fine and costs, the prisoner shall be detained until the fine and costs, except litigation tax, have been paid by + See morethe proceeds of the prisoner's labor.
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Work program/jail industry program | All | Yes |
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Utah | Utah Code Ann. § 76-3-201.1 | Collection of criminal judgments--extend probation |
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 + See moreown 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...start the period of probation anew
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Condition or extension of supervision | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-808(B) | Time and method of payment of fines; conditions of probation; no limitation on restitution and other assessments |
If a defendant sentenced to pay a fine, restitution, penalty, assessment, incarceration cost or surcharge is also sentenced to probation, the court shall make payment of the fine, restitution, penalty, assessment, incarceration cost or surcharge a condition of probation.
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Condition or extension of supervision | All | Yes |
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Arizona | Ariz. Rev. Stat. Ann. § 13-810(D)(2) | Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
D. If the court finds that the defendant has willfully failed to pay fine, a surcharge, fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following: 2. Refer the defendant for revocation of probation, parole or community supervision and as authorized by law.
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Condition or extension of supervision | All | No |
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Arkansas | Ark. Code Ann. § 16-98-304(b) | Cost and Fees |
(b)(1) The drug court judge shall establish a schedule for the payment of costs and fees. . . (7) Court orders for costs and fees shall remain an obligation of the offender with court monitoring until fully paid
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Condition or extension of supervision | All | Yes |
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