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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New Mexico N.M. Stat. Ann. § 31-12-3(A),(C) Paying fines, fees or costs in installments; community service option

A. Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against him, either in addition to or without a term of imprisonment,

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may in the discretion of the court be allowed to pay such fine, fees or costs in installments of such amounts, at such times and upon such conditions as the court may fix. The defendant may also be required to serve a period of time in labor to be known as “community service” in lieu of all or part of the fine. If unable to pay the fees or costs, he may be granted permission to perform community service in lieu of them as well. The labor shall be meaningful, shall not be suspended or deferred and shall be of a type that benefits the public at large or any public, charitable or educational entity or institution and is consistent with Article 9, Section 14 of the constitution of New Mexico. Any person performing community service pursuant to court order shall be immune from civil liability arising out of the community service other than for gross negligence, shall not be entitled to wages or considered an employee for any purpose and shall not be entitled to workers’ compensation, unemployment or any other benefits otherwise provided by law. Instead, a person who performs community service shall receive credit toward the fine, fees or costs at the rate of the prevailing federal hourly minimum wage. Unless otherwise provided, however, the total fine, fees and costs shall be payable forthwith.

C. When a defendant sentenced to pay a fine in installments or ordered to pay fees or costs defaults in payment, the court, upon motion of the prosecutor or upon its own motion, may require the defendant to show cause why his default should not be treated as contumacious and may issue a summons or a warrant of arrest for his appearance. It shall be a defense that the defendant did not willfully refuse to obey the order of the court or that he made a good faith effort to obtain the funds required for the payment. If the defendant’s default was contumacious, the court may order him committed until the fine or a specified part of it or the fees or costs are paid. The maximum term of imprisonment for such contumacious nonpayment shall be specified in the order of commitment.

 

Community service, Incarceration, Payment plan/installment plan All No
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New Mexico N.M. Stat. Ann. § 67-7-11 Obstructions and Injuries to Highways: Arrest for violation; seizure of vehicle; fee

Sheriffs, deputy sheriffs, constables, marshals, police officers and all peace officers shall have power to arrest any person violating any provision of this act on view or upon warrant issued

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by any justice of the peace [magistrate court] or magistrate. Such officers are also authorized and directed to take into custody any vehicle involved in the violation of any provision of this act and hold the same until all fees, fines, costs and damages therefor shall be paid; provided that the owner or person in control of such vehicle may secure its release by furnishing a good and sufficient bond as required by the officer or magistrate before whom the case is prosecuted. The fee for making the arrest of any person violating any provision of this act shall upon conviction of the person or persons arrested be assessed as part of the costs and paid to the officer making such arrest, but shall not exceed one ($1.00) dollar in any case.

Incarceration All No
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New Mexico N.M. Stat. Ann. § 66-5-30(B)(2) Authority of division to suspend or revoke license. [Effective October 1, 2019]

B. The division may issue an administrative suspension of the instruction permit, driver’s license or provisional license of a driver without preliminary hearing upon a showing by its records or other

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sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee has failed to:

(2) pay a penalty assessment within thirty days of the date of issuance by the state or a tribe.

Driver's license suspension/impoundment All No
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New Mexico N.M. Stat. Ann. § 31-12-3(B) Paying fines, fees or costs in installments; community service option

The court may at any time revise, modify, reduce or enlarge the amount of the installment or the time and conditions fixed for payment of it.

Payment plan/installment plan All No
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New Mexico N.M. Stat. Ann. § 66-7-416(F) Unlawful use of highways

Any person violating any provision of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00)

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nor more than one hundred dollars ($100), or by imprisonment in the county jail not less than five days nor more than thirty days or by both such fine and imprisonment, and the operator and the owner of such vehicle, truck, tractor or engine from whom the driver or operator has permitted possession at the time thereof shall be jointly and severally liable to the state, county or municipality as the case may be for the actual damage caused by the operation, conducting or hauling thereof over any public highway, street, bridge, culvert or structure in violation of any provision of this act to be collected by suit brought in the name of the state, county or municipality having control of such highway or street; and such vehicle, truck, tractor or engine may be attached and held to satisfy and [any] judgment for such damages.

Property liens Misdemeanor No
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New Mexico N.M. Stat. Ann. § § 31-18-15(C) Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions

A period of parole shall be imposed only for felony convictions wherein a person is sentenced to imprisonment of more than one year, unless the parties to a proceeding agree

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that a period of parole should be imposed. If a period of parole is imposed, the court shall include in the judgment and sentence of each person convicted and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978 after the completion of any actual time of imprisonment and authority to require, as a condition of parole, the payment of the costs of parole services and reimbursement to a law enforcement agency or local crime stopper program in accordance with the provisions of that section. 

Condition or extension of supervision All No
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New Mexico N.M. Stat. Ann. § 31-17-1(B),(H) Victim restituion

B. If the trial court exercises either of the sentencing options under Section 31-20-6 NMSA 1978, the court shall require as a condition of probation or parole that the defendant,

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in cooperation with the probation or parole officer assigned to the defendant, promptly prepare a plan of restitution, including a specific amount of restitution to each victim and a schedule of restitution payments.
H. Failure of the defendant to comply with Subsection B of this section or to comply with the plan of restitution as approved or modified by the court may constitute a violation of the conditions of probation or parole. Without limitation, the court may modify the plan of restitution or extend the period of time for restitution, but not beyond the maximum probation or parole period specified in Section 31-21-10 NMSA 1978.

Condition or extension of supervision, Incarceration All No
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New Mexico N.M. Stat. Ann. § 31-17-1 Victim restitution

An order requiring an offender to pay restitution, validly entered pursuant to this section, constitutes a judgment and lien against all property of a defendant for the amount the defendant

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is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property, or for garnishment. A judgment of restitution may be enforced by the state, a victim entitled under the order to receive restitution, a deceased victim's estate or any other beneficiary of the judgment in the same manner as a civil judgment. An order of restitution is enforceable, if valid, pursuant to this section, the Victims of Crime Act or Article 2, Section 24 of the constitution of New Mexico. Nothing in this section shall be construed to limit the ability of a victim to pursue full civil legal remedies.

Property liens All No
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New Mexico N.M. Stat. Ann. § 31-20-5.1 Misdemeanor compliance programs; counties may establish; fees

As a condition of probation, the district or magistrate court may require the defendant to pay a fee of not less than fifteen dollars ($15.00) nor more than fifty dollars

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($50.00) per month to the county for a public probation program for the term of the defendant's probation. Money collected by the county pursuant to this subsection shall be used only to operate the misdemeanor compliance program.

Condition or extension of supervision All No
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New Mexico N.M. Stat. Ann. § 31-21-10(G)(1) Parole authority and procedure

G. Pursuant to the provisions of Section 31-18-15 NMSA 1978, the board shall require the inmate as a condition of parole:
(1) to pay the actual costs of parole services

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to the adult probation and parole division of the corrections department for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant's payment of the supervised parole costs shall not be waived unless the board holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the board waives the defendant's payment of the supervised parole costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the board and the board shall hold an evidentiary hearing to determine whether the waiver should be rescinded; and

Condition or extension of supervision All No
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New Mexico N.M. Stat. Ann. § 33-2-40 Imprisonment for nonpayment of fine or costs attached to prison sentence; maximum

All convicts sentenced to the state penitentiary who have a fine or costs or both attached to such sentence shall not be required to serve more than thirty days for

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such fine or costs.

Incarceration All No
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New Mexico N.M. Stat. Ann. § 33-3-11 Jail for nonpayment of fine

A. Whenever any person is committed to jail for nonpayment of any fine or costs or both, he shall be credited with eight times the federal hourly minimum wage a

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day in reduction thereof for each day or portion of a day of incarceration. When the person has remained incarcerated a sufficient length of time to extinguish the fine or cost or both, computed at this rate, or has paid to the sentencing court the amount of the fine or costs or both, remaining after deducting credit allowed by this section and obtaining from the court an order of release from commitment, the officer having the prisoner in custody shall discharge him from custody under commitment.
B. If the person in custody makes an affidavit that he has no property out of which he can pay the fine and costs, either or any part, the prisoner shall not be retained in custody longer than sixty days even though the fine and costs or either exceeds the amount credited toward repayment during those sixty days. The affidavit shall be delivered to the sheriff or jail administrator as defined in Section 4-44-19 NMSA 1978 having custody of the prisoner.

Incarceration All No
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New Mexico N.M. Stat. Ann. § 35-6-7 Magistrate court; drug court fee; monthly remittances

A. A magistrate court that has an adult drug court program may assess and collect from participants a “drug court fee” of fifty dollars ($50.00) a month. Program fee requirements

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may be satisfied by community service at the federal minimum wage. Proceeds from the drug court fee shall be deposited in the magistrate drug court fund.

Community service All No
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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.
Incarceration All No
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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. § 4138 Contempt powers of Pittsburgh Magistrates Court
(a) General Rule.— The Pittsburgh Magistrates Court shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:(1) Misbehavior of any person in
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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 judge of the Pittsburgh Magistrate Court. (3) Failure to comply with an order of a judge of the Pittsburgh Magistrates Court 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.
Incarceration All No
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Pennsylvania 42 Pa. Stat. Ann. § 4138 Contempt powers of Pittsburgh Magistrates Court
(a) General Rule.— The Pittsburgh Magistrates Court shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:(1) Misbehavior of any person in
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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 judge of the Pittsburgh Magistrate Court. (3) Failure to comply with an order of a judge of the Pittsburgh Magistrates Court 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.
Incarceration 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.
Incarceration Traffic 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. § 9758 Fine- installment plan
Except for fines imposed under Title 34 (relating to game), the court may permit installment payments as it considers appropriate to the circumstances of the defendant, in which case its
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order shall specify when each installment payment is due. Installment payments for fines imposed for summary offenses under Title 34 shall not exceed one year for summary offenses and, except for 34 Pa.C.S. § 2522 (relating to shooting at or causing injury to human beings), shall not exceed two years for misdemeanor offenses.
Payment plan/installment plan All No