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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
Add to Dashboard + Create New	Texas	Tex. Gov't. Code § 76.017(e)	Treatment Alternative to Incarceration Program	(e) A department may contract for the provision of treatment services. The department may pay for services only if other adequate public or private sources of payment are not available. + See more A person is responsible for the payment of any treatment program recommended under this section if it is determined that a person referred for treatment is able to pay for the costs of treatment or if the person has insurance that will pay for the treatment. If a person is able to pay for treatment or if the person has insurance that will pay for the treatment, the payment may be made a condition for receiving treatment.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Gov't. Code § 103.021	Additional Fees and Costs in Criminal or Civil Cases: Code of Criminal Procedure	An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Code of Criminal Procedure if ordered by the + See more court or otherwise required: (2) cost of electronic monitoring as a condition of release on personal bond (Art. 17.43, Code of Criminal Procedure) ... actual cost; (3-a) costs associated with operating a global positioning monitoring system as a condition of release on bond (Art. 17.49(b)(2), Code of Criminal Procedure) ... actual costs, subject to a determination of indigency; (5) reimbursement to general revenue fund for payments made to victim of an offense as condition of community supervision (Art. 42A.301(17), Code of Criminal Procedure) ... not to exceed $50 for a misdemeanor offense or $100 for a felony offense; (10) additional community supervision fee for certain offenses (Art. 42A.653(a), Code of Criminal Procedure) ... $5 per month;	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 17.43(b)	Home curfew and electronic monitoring as condition	(b) Cost of monitoring may be assessed as reimbursement fees or ordered paid directly by the defendant as a condition of bond.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 17.44(c),(e)	Home confinement, electronic monitoring, and drug testing as condition	(c) The magistrate may revoke the bond and order the defendant arrested if the defendant: (1) violates a condition of home confinement and electronic monitoring; (3) fails to pay the + See more reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered. (e) The cost of electronic monitoring or testing for controlled substances under this article may be assessed as a reimbursement fee or ordered paid directly by the defendant as a condition of bond.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 17.441(d)	Conditions requiring motor vehicle ignition interlock	(d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device. If the magistrate designates an agency under this subsection, in + See more each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a fee to the designated agency in the amount set by the magistrate. The defendant shall pay the initial fee at the time the agency verifies the installation of the device. In each subsequent month during which the defendant is required to pay a fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service. The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost incurred by the designated agency in conducting the verification or providing the monitoring service, as applicable in that county.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42.035(c),(e)	Electronic monitoring; house arrest	(c) The court may require the defendant to pay to the community supervision and corrections department or the county any reasonable cost incurred because of the defendant's participation in the + See more house arrest program, including the cost of electronic monitoring. (e) A court may revoke a defendant's participation in an electronic monitoring program and require the defendant to serve the remainder of the defendant's sentence of confinement in county jail if the defendant violates a condition imposed by a court under this article, including a condition requiring the defendant to pay for participating in the program under Subsection (c).	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42A.651(a)	Payment as Condition of Community Supervision	(a) A judge may not order a defendant to make a payment as a term or condition of community supervision, except for: (1) the payment of fines, court costs, or + See more restitution to the victim; (2) reimbursement of a county as described by Article 42A.301(b)(11) ; or (3) a payment ordered as a condition that relates personally to the rehabilitation of the defendant or that is otherwise expressly authorized by law.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	ATex. Code Crim. Proc. Art. 42A.653(a)	Additional Monthly Fee for Certain Sex Offenders	(a) A judge who grants community supervision to a defendant convicted of an offense under Section 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require as a + See more condition of community supervision that the defendant pay to the defendant's supervision officer a community supervision fee of $5 each month during the period of community supervision.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 102.012(a)	Fees for Pretrial Intervention Programs	(a) A court that authorizes a defendant to participate in a pretrial intervention program established under Section 76.011, Government Code, may order the defendant to pay to the court a + See more supervision fee in an amount not more than $60 per month as a condition of participating in the program.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Vermont	Vt. Stat. Ann. tit. 28 § 502b(c)	Terms and conditions of parole	(c) A person residing in and participating in programs at a treatment center shall abide by the rules and regulations of the center and may be required to pay such + See more costs incident to residents as the Commissioner deems appropriate.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 9.92.060(2)	Suspending sentences	(2) As a condition to suspension of sentence, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035. In addition, the superior court may require + See more the convicted person to make such monetary payments, on such terms as the superior court deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay any fine imposed and not suspended and the court or other costs incurred in the prosecution of the case, including reimbursement of the state for costs of extradition if return to this state by extradition was required; and (d) to contribute to a county or interlocal drug fund.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 9.94A.631(1)	Violation of condition or requirement of sentence--Security searches authorized--Arrest by community corrections officer--Confinement in county jail	(1) If an offender violates any condition or requirement of a sentence, a community corrections officer may arrest or cause the arrest of the offender without a warrant, pending a + See more determination by the court or by the department.	Condition or extension of supervision, Incarceration	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. §9.94A.703(2)(d)	Community custody — Conditions	Unless waived by the court, as part of any term of community custody, the court shall order an offender to: (d) Pay supervision fees as determined by the department;	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-16-101	Persons subject to required work	(a) The sentencing court may require the following persons to perform work pursuant to W.S. 7-16-101 through 7-16-104: (i) Persons sentenced to a definite term of imprisonment in the county jail, + See more whether or not a fine is imposed as a part of the sentence; (ii) Persons committed to jail pursuant to W.S. 6-10-105 for refusal to pay a fine or costs; and (iii) Persons for whom work is imposed as a condition of probation pursuant to W.S. 7-13-304(b). (b) No person charged with a crime and awaiting the action of the grand jury or awaiting trial shall be required to perform work pursuant to W.S. 7-16-101 through 7-16-104.	Condition or extension of supervision, Work program/jail industry program	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-13-421	Restitution as condition of parole	(b) The board shall provide for restitution in the amount determined by the court pursuant to W.S. 7-9-103 unless the board finds the parolee is not reasonably capable of making the payments, + See more in which case the board may modify the amount of restitution to be paid, taking into account the factors enumerated in W.S. 7-9-106. (c) If the parolee fails to pay the restitution as provided by this section the board may: (i) Modify the amount of the restitution; (ii) Repealed By Laws 2011, Ch. 30, § 2. (iii) Revoke the parole.	Condition or extension of supervision, Payment plan/installment plan	All	No
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2951.021(4)	Offender may be required to pay monthly supervision fee	(4) The failure of an offender to comply with a condition of community control that requires the offender to pay a monthly supervision fee and that is imposed under division + See more (A) (1) of this section shall not constitute the basis for the modification of the offender’s community control sanctions pursuant to section 2929.15 or 2929.25 of the Revised Code but may be considered with any other factors that form the basis of a modification of a sanction for violating a community control sanction under those sections. If the court determines that a misdemeanor offender on community control failed to pay a monthly supervision fee imposed under division (A) (1) of this section and that no other factors warranting the modification of the offender’s community control sanction are present, the court shall remand the offender to the custody of the probation agency and may impose any additional conditions of community control upon the offender, including a requirement that the offender perform community service, as the ends of justice require. Any requirement imposed pursuant to division (A) (4) of this section that the offender perform community service shall be in addition to and shall not limit or otherwise affect any order that the offender perform community service pursuant to division (B) of section 2951.02 of the Revised Code.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	West Virginia	W. Va. Code § 61-3-390	Agreement to suspend prosecution of a person accepted into the restitution program	(a) The prosecuting attorney may enter into an agreement with a participant of the worthless check restitution program to suspend prosecution for a period to be determined by the prosecuting + See more attorney. (b) To remain eligible for the worthless check restitution program, the participant shall: (1) Contact a representative of the program before the date required by the notice sent pursuant to section thirty-nine-n [§ 61-3-39n] of this article; (2) Agree to comply with all the program terms; (3) Complete a class conducted by the prosecuting attorney, his or her designee, or a private entity under contract with the prosecuting attorney, which offers offender education and instruction; (4) Pay a fee in the amount of ten dollars to be deposited in the “worthless check fund” established pursuant to the provisions of section thirty-nine-h [§ 61-3-39h] of this article; (5) Pay the fee required to participate in the class; (6) Pay full victim restitution; and (7) Pay all fees for participation in the program, unless those fees are waived. (c) The prosecuting attorney shall agree not to file criminal charges if the participant in the program completes the conditions of the agreement.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	West Virginia	W. Va. Code § 62-12-9(a)(5), (b)(1)-(3)	Conditions of release on probation	(a) Release on probation is conditioned upon the following: (5) That the probationer pay a fee, not to exceed $20 per month, to defray costs of supervision: Provided, That the + See more court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay the fee without undue hardship. All moneys collected as fees from probationers pursuant to this subdivision shall be deposited with the circuit clerk who shall, on a monthly basis, remit the moneys collected to the State Treasurer for deposit in the State General Revenue Fund; and (b) In addition, the court may impose, subject to modification at any time, any other conditions which it may determine advisable, including, but not limited to, any of the following: (1) That the probationer make restitution or reparation, in whole or in part, immediately or within the period of probation, to any party injured by the crime for which he or she has been convicted: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay restitution without undue hardship; (2) That the probationer pays any fine assessed and the costs of the proceeding in installments directed by the court: Provided, That the court conducts a hearing prior to imposition of probation and makes a determination on the record that the offender is able to pay the costs without undue hardship; (3) That the probationer makes contributions from his or her earnings, in sums directed by the court, for the support of his or her dependents; and	Condition or extension of supervision, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	West Virginia	W. Va. Code § 62-12-17(a)(5)	Conditions of release on probation and parole	(a) Release and supervision on parole of any person, including the supervision by the Division of Corrections of any person paroled by any other state or by the federal government, + See more shall be upon the following conditions: (5) That the parolee, and all federal or foreign state probationers and parolees whose supervision may have been undertaken by this state, pay a fee, based on his or her ability to pay, not to exceed $40 per month to defray the costs of supervision.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-9-104	Preparation of plan; contents	(a) In any case in which the court has ordered restitution under W.S. 7-9-102, 7-9-113 or 7-13-301, if the sentencing court orders suspended imposition of sentence, suspended sentence or probation, + See more the court shall require that the defendant in cooperation with the probation and parole officer assigned to the defendant, or in the case of unsupervised probation any probation and parole officer or any other person the court directs, promptly prepare a plan of restitution including the name and address of each victim, the amount of restitution determined to be owed to each victim pursuant to W.S. 7-9-103 or 7-9-114 and a schedule of restitution payments. If the defendant is presently unable to make any restitution but there is a reasonable possibility that the defendant may be able to do so at some time during his probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant shall make restitution. In structuring a plan for reimbursement under this section, victim restitution shall be paid in the following order: (i) Pecuniary damages suffered by the victim which have not been paid by insurance or from the crime victim's compensation account; (ii) Payment of other amounts owed by the defendant arising from the case.	Condition or extension of supervision, Payment plan/installment plan	All	No

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