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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.
|State||Statute||Description/Statute Name||Statutory language||Type of poverty penalty or poverty trap||Type of financial obligation||Type of court||Level of offense||Mandatory|
|Florida||Fla. Stat. §948.06(5)||Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision||
In any hearing in which the failure of a probationer or offender in community control to pay restitution or the cost of supervision as provided in s. 948.09, as directed,+ See more
is established by the state, if the probationer or offender asserts his or her inability to pay restitution or the cost of supervision, it is incumbent upon the probationer or offender to prove by clear and convincing evidence that he or she does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so. If the probationer or offender cannot pay restitution or the cost of supervision despite sufficient bona fide efforts, the court shall consider alternate measures of punishment other than imprisonment. Only if alternate measures are not adequate to meet the states interests in punishment and deterrence may the court imprison a probationer or offender in community control who has demonstrated sufficient bona fide efforts to pay restitution or the cost of supervision.
|Maine||Me. Rev. Stat. tit 17-A §1349-C(1)||Revocation of Administrative leave||
In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. When a+ See more
person fails to pay the administrative supervision fee, the court may revoke administrative release as provided in sections 1349-D and 1349-E unless the person shows that failure to pay was not attributable to a willful refusal to pay or to a failure on that person's part to make a good faith effort to obtain the funds required for the payment.
|Wyoming||Wyo. Stat. Ann. § 6-10-105||Commitment for refusal to pay fine or costs; rate per day.||
A person committed to jail for willfully refusing to pay a fine or costs may be imprisoned if the court determines that the defendant has an ability to pay or+ See more
that a reasonable probability exists that the defendant will have an ability to pay, until the imprisonment, at the rate of fifteen dollars ($15.00) per day, equals the amount of the fine or costs, or the amount shall be paid or secured to be paid when he is discharged.
|Wyoming||Wyo. Stat. Ann. § 7-11-504||Commitment until fines and costs paid||
If a defendant sentenced to pay a fine or costs defaults in payment, the court may order the defendant to show cause why he should not be committed to jail.+ See more
If the court finds that the defendant's default is willful or is due to a failure on defendant's part to make a good faith effort to obtain the funds required for the payment and the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, the court may order him committed until the fine or costs, or a specified part thereof, is paid. The defendant shall be given a credit for each day of imprisonment at the rate provided by W.S. 6 10 105, and may earn additional credits against his fine or costs for work performed as provided by W.S. 7 16 101 through 7 16 104.
|Massachusetts||Mass. Gen. Laws ch. 279, § 1||Suspension of execution; payment of fine; probation; revocation of suspension; exceptions||When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance.||Incarceration||All||All||All||No|
|Massachusetts||Mass. Gen. Laws ch. 279, § 1A||Suspension of execution of sentence; probation; child support payments||
When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance, and may+ See more
also be committed for the term of imprisonment fixed in the original sentence.
|Massachusetts||Mass. Gen. Laws ch. 279, § 7||Sentence to jail or house of correction for non-payment of fine||
Whoever is convicted of a crime punishable by a fine, and is liable to imprisonment in the jail for its non-payment, may be sentenced to such imprisonment in the house+ See more
of correction, or to confinement at hard labor either in the jail or house of correction.
|Massachusetts||Mass. Gen. Laws ch. 279, § 9||Second sentence for non-payment of fine||
Except as provided in section one hundred and forty-six of chapter one hundred and twenty-seven, if a convict is sentenced to pay a fine in more than one case and+ See more
has been committed to a jail, house of correction or other prison or other correctional institution for refusing to pay such fine, the subsequent sentence shall take effect upon the expiration of the imprisonment under the former sentence.
|Massachusetts||Mass. Gen. Laws ch. 279, § 10||Conditional sentence||
If a person has been convicted of a crime punishable, at the discretion of the court, by fine or imprisonment in the jail or house of correction or by fine+ See more
or imprisonment in the state prison, the court may impose upon him a conditional sentence, and order him to pay a fine within a limited time which shall be expressed in the sentence, and in default thereof to suffer such imprisonment as is provided by law. He shall be forthwith committed to the custody of an officer in court or to the jail, to be detained until the sentence is complied with; and if he does not within the time limited pay the fine imposed, the sheriff shall cause the other part of the sentence to be executed forthwith.
|Washington||Wash. Rev. Code Ann. § 10.01.180(1),(3)||Fine or costs--Default in payment--Contempt of court--Enforcement, collection procedures||
(1) A defendant sentenced to pay a fine or costs who defaults in the payment thereof or of any installment is in contempt of court as provided in chapter 7.21+ See more
RCW. The court may issue a warrant of arrest for his or her appearance….(3) If a term of imprisonment for contempt for nonpayment of a fine or costs is ordered, the term of imprisonment shall be set forth in the commitment order, and shall not exceed one day for each twenty-five dollars of the fine or costs, thirty days if the fine or assessment of costs was imposed upon conviction of a violation or misdemeanor, or one year in any other case, whichever is the shorter period. A person committed for nonpayment of a fine or costs shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order.
|Washington||Wash. Rev. Code Ann. § 10.01.180(5)||Fine or costs--Default in payment--Contempt of court--Enforcement, collection procedures||
(5) A default in the payment of a fine or costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment.+ See more
The levy of execution for the collection of a fine or costs shall not discharge a defendant committed to imprisonment for contempt until the amount of the fine or costs has actually been collected.
|Washington||Wash. Rev. Code Ann. § 10.70.010||Commitment until fine and costs are paid||
When the defendant is adjudged to pay a fine and costs, the court shall order him or her to be committed to the custody of the sheriff until the fine+ See more
and costs are paid or secured as provided by law.
|Washington||Wash. Rev. Code Ann. § 9.94B.030||Post release supervision-violations||
If the offender violates any condition of post release supervision, a hearing may be conducted in the same manner as provided in RCW 9.94B.040. Jurisdiction shall be with the court+ See more
of the county in which the offender was sentenced. However, the court may order a change of venue to the offender's county of residence or where the violation occurred, for the purpose of holding a violation hearing. After the hearing, the court may order the offender to be confined for up to sixty days per violation in the county jail.
|Florida||Fla. Stat. §951.16||Prisoners entitled to receive credit on fine based on imprisonment||
Every person who may be imprisoned in the county jail for failure to pay a fine and costs, or either, under sentence imposed upon conviction for crime shall be entitled+ See more
to receive, together with subsistence, a credit on such fine and costs, or either, as the case may be, in proportion to the time such person may be imprisoned.
|Washington DC||DC ST § 11-741||Contempt powers (DC Court of Appeals)||
(a) Subject to the limitation described in subsection (b), and in addition to the powers conferred by section 402 of title 18, United States Code, the District of Columbia Court+ See more
of Appeals, or a judge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court.... (3)(A) An individual imprisoned for 6 consecutive months for civil contempt for disobedience of an order in a proceeding described in paragraph (1) who continues to disobey such order may be prosecuted for criminal contempt for disobedience of such order at any time before the expiration of the 12-month period that begins on the first day of such individual's imprisonment, except that an individual so imprisoned as of the date of the enactment of this subsection may be prosecuted under this subsection at any time during the 90-day period that begins on the date of the enactment of this subsection. ...
|Washington DC||DC ST § 11-944||Contempt power (Superior Court of DC)||
(a) Subject to the limitation described in subsection (b), and in addition to the powers conferred by section 402 of title 18, United States Code, the Superior Court, or a+ See more
judge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court.... (3)(A) An individual imprisoned for 6 consecutive months for civil contempt for disobedience of an order in a proceeding described in paragraph (1) who continues to disobey such order may be prosecuted for criminal contempt for disobedience of such order at any time before the expiration of the 12-month period that begins on the first day of such individual's imprisonment, except that an individual so imprisoned as of the date of the enactment of this subsection may be prosecuted under this subsection at any time during the 90-day period that begins on the date of the enactment of this subsection.
|Nebraska||Neb. Rev. Stat. § 29-2206 (1)||Response to nonpayment||
(1) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender+ See more
to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand committed and be imprisoned in the jail of the proper county until the fines or costs are paid or secured to be paid or the offender is otherwise discharged according to law.
|Nebraska||Neb. Rev. Stat. § 29-2206.01||Violation of installment payments||
Installments provided for in section 29-2206 shall be paid pursuant to the order entered by the court. Any person who fails to comply with the terms of such order shall+ See more
be liable for punishment for contempt, unless he has the leave of the court in regard to such noncompliance.
|Nebraska||Neb. Rev. Stat. § 29-2412 (3)||Violation of installment payments||
(3) Any person held in custody for nonpayment of a fine or costs or for default on an installment shall be entitled to a credit on the fine, costs, or+ See more
installment of ninety dollars for each day so held. In no case shall a person held in custody for nonpayment of a fine or costs be held in such custody for more days than the maximum number to which he or she could have been sentenced if the penalty set by law includes the possibility of confinement.
|West Virginia||W. Va. Code §62-4-9.||Criminal procedure - Recovery of fines in criminal cases - Capias pro fine; release of defendant on bond.||
When a judgment for fine and costs is rendered by a circuit court, or other court of record having jurisdiction in criminal cases, the court may order a capias pro+ See more
fine to be issued thereon at any time during the term at which the judgment is rendered, and if not such order be made, such capias shall be issued by the clerk of the court in vacation if he be ordered to do so by the prosecuting attorney. If the judgment of the court in such case be that the defendant be imprisoned and fined, or that he be fined and imprisoned until the fine and costs be paid, or if the defendant be imprisoned by virtue of such capias pro fine, in either event, the defendant may be released from such imprisonment, where he is detained for a failure to pay such fine and costs, only upon his giving bond with good security before the court, or before the clerk thereof in vacation, or before the sheriff of the county in which such judgment is rendered, payable to the state of West Virginia, for the payment of such fine and costs, at a time not exceeding twelve months after the date of such bond. If default be made in the payment of such bond, the same may be proceeded against to judgment and execution as if it were a forthcoming bond.
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