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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	Nevada	Nev. Rev. Stat. Ann. §176.064 (1)	Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver’s license; imprisonment.	1. If a fine, administrative assessment, fee or restitution is imposed upon a defendant pursuant to this chapter, whether or not the fine, administrative assessment, fee or restitution is in addition + See more to any other punishment, and the fine, administrative assessment, fee or restitution or any part of it remains unpaid after the time established by the court for its payment, the defendant is liable for a collection fee, to be imposed by the court at the time it finds that the fine, administrative assessment, fee or restitution is delinquent, of: (a) Not more than $100, if the amount of the delinquency is less than $2,000. (b) Not more than $500, if the amount of the delinquency is $2,000 or greater, but is less than $5,000. (c) Ten percent of the amount of the delinquency, if the amount of the delinquency is $5,000 or greater.	Collection fee/interest	All	No
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. §§176.064 (3)(a)-(b)	Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver's license; imprisonment	3. The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, + See more take any or all of the following actions, in the following order of priority if practicable: (a) Enter a civil judgment for the amount due in favor of the state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution. A civil judgment entered pursuant to this paragraph may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action. If the court has entered a civil judgment pursuant to this paragraph and the person against whom the judgment is entered is not indigent and has not satisfied the judgment within the time established by the court, the person may be dealt with as for contempt of court. (b) Request that a prosecuting attorney undertake collection of the delinquency, including, without limitation, the original amount of the civil judgment entered pursuant to paragraph (a) and the collection fee, by attachment or garnishment of the defendant’s property, wages or other money receivable.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 176.275	Judgment for fine, administrative assessment, payment of restitution or repayment of expenses is lien; additional provisions concerning judgment for payment of restitution.	1. A judgment which imposes a fine or administrative assessment or requires a defendant to pay restitution or repay the expenses of a defense constitutes a lien in like manner as + See more a judgment for money rendered in a civil action. 2. A judgment which requires a defendant to pay restitution: (a) May be recorded, docketed and enforced as any other judgment for money rendered in a civil action. (b) Does not expire until the judgment is satisfied.	Property liens	All	No
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 176.075	Rate of imprisonment in default of administrative assessment, fine or forfeiture	1. Except as otherwise provided in subsection 2, when a person is sentenced to pay a fine or forfeiture without an accompanying sentence of imprisonment, the court may, pursuant to + See more NRS 62B.420 or 176.064, order that the person be confined in the city or county jail or detention facility for a period of not more than 1 day for each $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied.2. The provisions of this section do not apply to indigent persons.	Incarceration	All	No
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 176.065	Rate of additional imprisonment in default of administrative assessment, fine or forfeiture	1. Except as otherwise provided in subsection 2, when a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, the court may, + See more pursuant to NRS 62B.420 or 176.064, order that the person be confined in the state prison, the city or county jail or a detention facility, whichever is designated in the person's sentence of imprisonment, for an additional period of 1 day for each $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied or the maximum term of imprisonment prescribed by law for the offense committed has elapsed, whichever is earlier, but the person's eligibility for parole is governed only by the person's sentence of imprisonment.2. The provisions of this section do not apply to indigent persons.	Incarceration	All	No
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 209.4837(D)	Agreement for assignment and distribution of wages of offender; schedule of restitution.	Once the Director determines that restitution voluntarily offered by the offender can be made, the Director shall attempt to negotiate and enter into an agreement with the offender which provides + See more for an assignment to the Department of all wages which the offender earns: 1. To make restitution payments: (a) To the victims of any crime for which the offender is incarcerated and for which an amount of restitution was set pursuant to NRS 176.033; and (b) For expenses related to extradition in accordance with NRS 179.225; 2. To reimburse the Department in part for its costs in providing the offender housing, transportation, meals and medical and dental services at the center, if applicable; and 3. For the offender’s own account to the Prisoners’ Personal Property Fund.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 176.064 (3)(c)	Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver's license; imprisonment	3. The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, + See more take any or all of the following actions, in the following order of priority if practicable: . . . (c) Order the suspension of the driver’s license of the defendant. If the defendant does not possess a driver’s license, the court may prohibit the defendant from applying for a driver’s license for a specified period. If the defendant is already the subject of a court order suspending or delaying the issuance of the defendant’s driver’s license, the court may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the driver’s license of a defendant pursuant to this paragraph, the court shall require the defendant to surrender to the court all driver’s licenses then held by the defendant. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles the licenses, together with a copy of the order. At the time the court issues an order pursuant to this paragraph delaying the ability of a defendant to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order. The Department of Motor Vehicles shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the defendant’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.	Driver's license suspension/impoundment	All	No
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 176.064 (3)(d)	Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver's license; imprisonment	3. The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, + See more take any or all of the following actions, in the following order of priority if practicable: . . . (d) For a delinquent fine or administrative assessment, order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.	Incarceration	All	No
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 209.4295 (4)	Payment of cost of supervision and treatment; performance of community service as contribution toward cost; issuance of judgment for unpaid costs.	The court may issue a judgment against a probation violator and in favor of the State for the costs of treatment and supervision which remain unpaid when the probationer is + See more released from the diversion program but in no event may the amount of the judgment include any amount of debt which was extinguished by the successful completion of community service pursuant to subsection 3.	Payment plan/installment plan	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. § 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.	Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-11-504	Commitment until fine 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.	Incarceration	All	No
Add to Dashboard + Create New	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.	Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 31-9-305	Payment of judgments in installments; failure to meet payments	(a) A judgment debtor upon notice to the judgment creditor may apply to the court in which judgment was rendered for the privilege of paying the judgment in installments and + See more the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may order and fix the amounts and times of payment of the installments. (b) The division shall not suspend a license, registration or a nonresident's operating privilege, and shall restore any license, registration or nonresident's operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of the judgment in installments, and while the payment of any installment is not in default. (c) If the judgment debtor fails to pay any installment as specified by the order, then upon notice of default, the division shall suspend the license, registration or nonresident's operating privilege of the judgment debtor until the judgment is fully satisfied, as provided in this act.	Driver's license suspension/impoundment, Payment plan/installment plan	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	Wyoming	Wyo. Stat. Ann. § 7-9-109	Failure to comply; modification or extension of plan	Failure of the defendant to comply with W.S. 7 9 104 or to comply with the plan of restitution as approved or modified by the court is a violation of + See more the conditions of probation. If the probation period has expired, the restitution order may be enforced by either civil or criminal contempt proceedings. Criminal contempt under this section is punishable by imprisonment for not more than one (1) year. The court may modify the plan of restitution or extend the period of time for restitution, but, except for those cases falling within the provisions of W.S. 7 9 113 through 7 9 115, the court may not extend the period of time for restitution beyond ten (10) years following the date of the defendant's discharge from sentence or expiration of probation under W.S. 7 13 301.	Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-9-115	Modification of order	After a long-term physical health care restitution order has been entered, the court may from time to time, on the petition of either the defendant or the victim, or upon + See more its own motion, modify the order as to the amount of monthly payments. Any modification of the order shall only be based upon a substantial change of circumstances relating to the cost of long-term physical health care or the financial condition of either the defendant or the victim. The petition shall be filed as part of the original criminal docket.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-13-306	Payment of fine in installments	When imposing a fine and also placing the defendant on probation, the district judge may permit the fine to be paid in installments over a reasonable period of time.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-13-109(b),(c)	Payment of jail costs by inmate	(b) An order to pay room and board costs under this section shall be included as a special order in the judgment of conviction. To satisfy the order, the clerk + See more of the sentencing court, upon request of the sheriff or prosecuting attorney, may issue execution against any assets of the defendant including wages subject to attachment, in the same manner as in a civil action. (c) Willful failure or refusal to pay costs ordered under this section is punishable as contempt of court.	Incarceration, Property liens, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 5-6-211	Working prisoners; credit for work done	Whenever the defendant is sentenced to imprisonment for the violation of a city ordinance, he may be put to work for the benefit of the city, if it is determined + See more that adequate supervision is available, for the term of his imprisonment, and when committed for the nonpayment of a fine, or costs, for the violation of any ordinance, he may also be put to work for the benefit of the city, and shall be credited on such fine and costs, fifteen dollars ($15.00) per day for each day he shall work.	Work program/jail industry program	All	No

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