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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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
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willfully 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.
Increased fine All No
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Michigan Mich. Comp. Laws § 774.28 Neglecting to pay fine or costs; action by county treasurer; neglecting to pay over fine to county treasurer as misdemeanor; punishment; judge to keep exact record of proceedings; liability.
(1) If a person who has received a fine or costs or any part of a fine or costs, neglects to pay the money pursuant to section 22 or 26
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of this chapter, the county treasurer immediately shall commence an action for the unpaid amount, in the name of the people of this state, and shall prosecute the case diligently to effect. (2) A person who neglects to pay over a fine to the county treasurer within 60 days after receiving the fine, is guilty of a misdemeanor and shall be punished by a fine of not less than $50.00 nor more than $100.00, or imprisonment for not less than 30 nor more than 90 days, or both.
Increased fine All Yes
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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
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to 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.
Collection fee/interest All No
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Washington DC DC ST § 50-2301.05 Monetary sanctions and fees (Traffic Adjudication)
(2) In addition to the civil fine, the following penalties may be imposed:(A) In the case of a person receiving a notice of infraction who fails to answer such notice
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within the time specified by § 50-2302.05(d)(1) and § 50-2303.05(d)(1), a penalty equal to the amount of the civil fine; (B) In the case of a person receiving a notice of infraction who fails to answer such notice by the close of business on the date set for the hearing or who answers but fails without good cause to appear at such hearing, with respect to infractions under subchapter II of this chapter, a penalty equal to twice the amount of the civil fine and, with respect to infractions under subchapter III of this chapter, a penalty equal to the amount of the civil fine plus $5.
Increased fine Traffic No
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North Dakota N.D. Cent. Code § 32-09.1-14 Default
If any garnishee who is duly summoned willfully fails to serve disclosure as required in this chapter, the court, upon proof by affidavit of the creditor, may render judgment against
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the garnishee for an amount not exceeding the lesser of the plaintiff's judgment against the defendant or the retention amount as defined under section 32-09.1-07. The creditor shall serve the garnishee with a copy of the affidavit and a notice of intent to take default judgment. The court upon good cause shown may remove the default and permit the garnishee to disclose on terms as may be just.
Increased fine All No
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North Dakota N.D. Cent. Code § 12.1-32-08(2) Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation
When the restitution ordered by the court under subsection 1 is the result of a finding that the defendant issued a check or draft without sufficient funds or without an
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account, the court shall impose as costs the greater of the sum of ten dollars or an amount equal to twenty-five percent of the amount of restitution ordered. The costs imposed under this subsection, however, may not exceed one thousand dollars. The state-employed clerks of district court shall remit the funds collected as costs under this subsection to the state treasurer for deposit in the restitution collection assistance fund. The funds deposited into the restitution collection assistance fund are appropriated to the judicial branch on a continuing basis for the purpose of defraying expenses incident to the collection of restitution, including operating expenses and the compensation of additional necessary personnel. The state's attorneys and county-employed clerks of district court shall remit the funds collected as costs under this subsection to the county treasurer to be deposited in the county general fund.
Increased fine All Yes
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North Dakota N.D. Cent. Code § 29-07-01.1 Payment of expenses for defense of indigents--Reimbursement of indigent defense costs and expenses--Indigent defense administration fund--Continuing appropriation If the application fee is not paid before disposition of the case, the fee amount must be added to the amount to be reimbursed under this section. Increased fine All Yes
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Pennsylvania 42 Pa. Stat. Ann. § 4137 Contempt powers of Magisterial District Judges
(a) General rule.-- A magisterial district judge shall have the power to issue attachments and impose summary punishments for criminal contempts of a magisterial district judge court in the
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following cases:(1) Misbehavior of any person in the presence of the court, thereby obstructing the administration of justice. (2) Failure of a person to obey lawful process in the nature of a subpoena issued by a magisterial district judge. (3) Failure to comply with an order of a magisterial district judge directing a defendant in a criminal proceeding to compensate the victim of the criminal conduct for the damage or injury sustained by the victim. (4) Failure to comply with an order of a magisterial district judge directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order. (5) Violation of an order issued pursuant to 23 Pa.C.S. § 6110 (relating to emergency relief by minor judiciary). (c) Punishment - Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days. Punishment for contempt specified in subsection (a)(5) shall be in accordance with that specified in 23 Pa.C.S. § 6114(b) (relating to contempt for violation of order or agreement). Punishment for contempt in subsection (a)(4) would be imprisonment for not more than 90 days.
Increased fine All No
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Pennsylvania 42 Pa. Stat. Ann. § 4139 Contempt powers of Traffic Court of Philadelphia
(a) General rule.— The Traffic Court of Philadelphia shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:(1) Misbehavior of any person
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in the presence of the court thereby obstructing the administration of justice. (2) Failure of a person to obey lawful process in the nature of a subpoena issued by a traffic court judge. (3) Failure to comply with an order of a traffic court judge directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order. (c) Punishment.— Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or to imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days.
Increased fine Traffic No
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Pennsylvania 42 Pa. Stat. Ann. § 9728(a) Collection - interest
Except as provided in subsection (b)(5), all restitution, reparation, fees, costs, fines and penalties shall be collected by the county probation department or other agent designated by the county commissioners
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of the county with the approval of the president judge of the county for that purpose in any manner provided by law. However, such restitution, reparation, fees, costs, fines and penalties are part of a criminal action or proceeding and shall not be deemed debts. A sentence, pretrial disposition order or order entered under section 6352 (relating to disposition of delinquent child) for restitution, reparation, fees, costs, fines or penalties shall, together with interest and any additional costs that may accrue, be a judgment in favor of the probation department upon the person or the property of the person sentenced or subject to the order.
Collection fee/interest All No
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Virginia Va. Code Ann. § 19.2-354(A) Fee to cover cost of managing installment plan
If the defendant is unable to make payment within 30 days of sentencing, the court may assess a one-time fee not to exceed $10 to cover the costs of management
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of the defendant's account until such account is paid in full. This one-time fee shall not apply to cases in which costs are assessed pursuant to § 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, or 17.1-275.9.
Collection fee/interest All No
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Virginia Va. Code Ann. § 19.2-358(B) Additional Fine Imposed on Default
A. When an individual obligated to pay a fine, costs, forfeiture, restitution or penalty defaults in the payment or any installment payment, the court upon the motion of the Commonwealth
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in the case of a conviction of a violation of a state law, or attorney for a locality or for the Commonwealth in the event of a conviction of a violation of a local law or ordinance, or upon its own motion, may require him to show cause why he should not be confined in jail or fined for nonpayment. A show cause proceeding shall not be required prior to issuance of a capias if an order to appear on a date certain in the event of nonpayment was issued pursuant to subsection A of § 19.2-354 and the defendant failed to appear. B. Following the order to show cause or following a capias issued for a defendant's failure to comply with a court order to appear issued pursuant to subsection A of § 19.2-354, unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may...impose a fine not to exceed $500.
Increased fine All No
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Virginia Va. Code Ann. § 19.2-353.3 Increased Fine for Bounced check/declined card
If a check is returned unpaid by the financial institution on which it is drawn or notice is received from the credit or debit card issuer that payment will not
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be made, for any reason, the fees, fine, restitution, forfeiture, penalty or costs shall be treated as unpaid, and the court may pursue all available remedies to obtain payment. The clerk of the court to whom the dishonored check or credit or debit card was tendered may impose a fee of $50 or 10 percent of the value of the payment, whichever is greater, in addition to the fine and costs already imposed.
Collection fee/interest All No
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Virginia Va. Code Ann. § 16.1-69.24 Contempt fine
A judge of a district court shall have the same powers and jurisdiction as a judge of a circuit court to punish summarily for contempt, but in no case shall
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the fine exceed $250
Increased fine All No
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Virginia Va. Code Ann. § 17.1-275(A)(27) Fees collected by clerks of circuit courts; generally- Credit Card convenience fee
27. For the acceptance of credit or debit cards in lieu of money to collect and secure all fees, including filing fees, fines, restitution, forfeiture, penalties and costs, the clerk
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shall collect from the person presenting such credit or debit card a reasonable convenience fee for the processing of such credit or debit card. Such convenience fee shall not exceed four percent of the amount paid for the transaction or a flat fee of $2 per transaction. The clerk may set a lower convenience fee for electronic filing of civil or criminal proceedings pursuant to § 17.1-258.3. Nothing herein shall be construed to prohibit the clerk from outsourcing the processing of credit and debit card transactions to a third-party private vendor engaged by the clerk. Convenience fees shall be used to cover operational expenses as defined in § 17.1-295.
Collection fee/interest All Yes
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Maryland Md. Code Ann., Crim. Law §10-119(i) Criminal Contempt Sanctions
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may
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be punished by the court as provided by law.
Increased fine All No
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Maryland Md. Code Ann., Crim. Law §10-127(c) Criminal Contempt Sanctions A defendant's willful failure to pay a fine imposed under this part may be treated as a criminal contempt punishable as provided by law. Increased fine All No
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Maryland Md. Code Ann., Crim. Law §10-133(i) Criminal Contempt Sanctions
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may
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be punished by the court as provided by law.
Increased fine All No
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Maryland Md. Code Ann., Crim. Law §10-137(i) Criminal Contempt Sanctions
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may
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be punished by the court as provided by law.
Increased fine All No
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New Jersey N.J. Stat. Ann. § 2A:158A-19 Public Defender: Collections of Moneys Due
The Public Defender in the name of the State shall do all things necessary and proper to collect all moneys due to the State by way of reimbursement for services
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rendered pursuant to this act. He may enter into arrangements with one or more agencies of the State, including the comprehensive enforcement program established pursuant to the provisions of P.L.1995, c. 9 (C.2B:19-1 et seq.) or of the counties to handle said collections on a cost basis to the extent that such arrangements are calculated to simplify collection procedures. He shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken for or upon the recovery of a judgment in a civil action and may institute and maintain any action or proceeding in the courts necessary therefor. In any such proceedings or action, the defendant may contest the value of the service rendered by the Public Defender.
Collection fee/interest All Yes