Data Explorer: Enforcement Mechanisms | 50 State Criminal Justice Debt Tool

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	New York	N.Y. Crim. Proc. Law § 420.35(1)	Mandatory surcharge and crime victim assistance fee; applicability to sentences mandating payment of fines	The provisions of section 420.10 of this article governing the collection of fines and the provisions of section 420.40 of this article governing deferral of mandatory surcharges, sex offender registration fees, DNA databank fees + See more and financial hardship hearings and the provisions of section 430.20 of this chapter governing the commitment of a defendant for failure to pay a fine shall be applicable to a mandatory surcharge, sex offender registration fee, DNA databank fee and a crime victim assistance fee imposed pursuant to subdivision one of section 60.35 of the penal law, subdivision twenty-a of section three hundred eighty-five of the vehicle and traffic law, subdivision nineteen-a of section four hundred one of the vehicle and traffic law, or a mandatory surcharge imposed pursuant to section eighteen hundred nine of the vehicle and traffic law or section 27.12 of the parks, recreation and historic preservation law. When the court directs that the defendant be imprisoned until the mandatory surcharge, sex offender registration fee or DNA databank fee is satisfied, it must specify a maximum period of imprisonment not to exceed fifteen days; provided, however, a court may not direct that a defendant be imprisoned until the mandatory surcharge, sex offender registration fee, or DNA databank fee is satisfied or otherwise for failure to pay the mandatory surcharge, sex offender registration fee or DNA databank fee unless the court makes a contemporaneous finding on the record, after according defendant notice and an opportunity to be heard, that the payment of the mandatory surcharge, sex offender registration fee or DNA databank fee upon defendant will not work an unreasonable hardship upon him or her or his or her immediate family.	Incarceration	All	No
Add to Dashboard + Create New	New York	N.Y. Judiciary Law § 753	Power of Courts to punish Civil Contempts	A. A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy + See more of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced, in any of the following cases: 3. A party to the action or special proceeding, an attorney, counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution can not be awarded for the collection of such sum except as otherwise specifically provided by the civil practice law and rules; or for any other disobedience to a lawful mandate of the court.	Incarceration	All	No
Add to Dashboard + Create New	New York	N.Y. Judiciary Law § 753	Power of Courts to punish Civil Contempts	A. A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy + See more of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced, in any of the following cases: 3. A party to the action or special proceeding, an attorney, counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution can not be awarded for the collection of such sum except as otherwise specifically provided by the civil practice law and rules; or for any other disobedience to a lawful mandate of the court.	Increased fine	All	No
Add to Dashboard + Create New	New York	N.Y. C.P.L.R. 5231	Income Execution	(a) Form. An income execution shall specify, in addition to the requirements of subdivision (a) of section 5230, the name and address of the person or entity from whom the + See more judgment debtor is receiving or will receive money; the amount of money, the frequency of its payment and the amount of the installments to be collected therefrom; and shall contain a notice to the judgment debtor that he or she shall commence payment of the installments specified to the sheriff forthwith and that, upon his or her default, the execution will be served upon the person or entity from whom he or she is receiving or will receive money.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. Law § 420.10(1)(c)	Payment as condition of probation	Where the defendant is sentenced to a period of probation as well as a fine, restitution or reparation and such designated surcharge, the court may direct the payment of the + See more fine, restitution or reparation and such designated surcharge be a condition of the sentence	Condition or extension of supervision	All	No
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. Law § 420.10(3)	Imprisonment for failure to pay	Imprisonment for failure to pay. Where the court imposes a fine, restitution or reparation, the sentence may provide that if the defendant fails to pay the fine, restitution or reparation + See more in accordance with the direction of the court, the defendant must be imprisoned until the fine, restitution or reparation is satisfied. Such provision may be added at the time sentence is pronounced or at any later date while the fine, restitution or reparation or any part thereof remains unpaid; provided, however, that if the provision is added at a time subsequent to the pronouncement of sentence the defendant must be personally present when it is added. In any case where the defendant fails to pay a fine, restitution or reparation as directed the court may issue a warrant directing a peace officer, acting pursuant to his special duties, or a police officer, to take him into custody and bring him before the court; provided, however, if the court in which the warrant is returnable is a city, town or village court, and such court is not available, and the warrant is addressed to a police officer, such executing police officer must without unnecessary delay bring the defendant before an alternate local criminal court, as provided in subdivision five of section 120.90 of this chapter; or if the court in which the warrant is returnable is a superior court, and such court is not available, and the warrant is addressed to a police officer, such executing police officer may bring the defendant to the local correctional facility of the county in which such court sits, to be detained there until not later than the commencement of the next session of such court occurring on the next business day. Such warrant may also be delegated in the same manner as a warrant pursuant to section 530.70 of this chapter. Where a sentence provides that the defendant be imprisoned for failure to pay a fine, the court shall advise the defendant that if he is unable to pay such fine, he has a right, at any time, to apply to the court to be resentenced as provided in subdivision five of this section.	Incarceration	All	No
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-804(M)	Restitution for offense causing economic loss; fine for reimbursement of public monies; notification of arrearage; review hearing	If the defendant, the state or persons entitled to restitution pursuant to a court order disagree with the manner of payment established in subsection E of this section, the defendant, + See more court or person entitled to restitution may petition the court at any time to change the manner in which the restitution is paid. Before modifying the order pertaining to the manner in which the restitution is paid, the court shall give notice and an opportunity to be heard to the defendant, the state and, on request, persons entitled to restitution pursuant to a court order.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-808(A)	Time and method of payment of fine; conditions of probation; no limitation on restitution and other assessments	If a defendant is sentenced to pay a fine alone or in addition to any other sentence, the court or a probation officer or a staff member designated by the + See more court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence the fine shall be payable immediately.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-810(D)(1)	Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs	D. If the court finds that the defendant has willfully failed to pay fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused + See more to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following: 1. Order the defendant incarcerated in the county jail until the fine, surcharge, fee, assessment, restitution or incarceration costs, or a specified part of the fine, surcharge, fee, assessment, restitution or incarceration costs, is paid.	Incarceration	All	No
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-810(D)(2)	Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs	D. If the court finds that the defendant has willfully failed to pay fine, a surcharge, fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make + See more a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following: 2. Refer the defendant for revocation of probation, parole or community supervision and as authorized by law.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-810(D)(3)	Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs	3. Enter an order pursuant to section 13-812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant who is incarcerated + See more for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected.	Property liens	All	No
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-810(D)(4)	Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs	If the court finds that the defendant has wilfully failed to pay a fine, a fee, restitution or incarceration costs or finds that the defendant has intentionally refused to make + See more a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do one of the following:4. Order the defendant to perform community restitution	Community service	All	No
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-812	Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs	A. After a hearing on an order to show cause pursuant to § 13-810, subsection A or B or after a hearing on a petition to revoke probation pursuant to + See more § 13-804, subsection E or the rules of criminal procedure, the court may issue a writ of criminal garnishment for any fine, fee, restitution or incarceration costs.B. The court may order garnishment for monies that are owed to a victim or the court, the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine, fee, restitution or incarceration costs. A writ of criminal garnishment applies to any of the following: 1. The defendant's earnings as defined in § 12-1598. 2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings. 3. Monies that are held by a garnishee on behalf of a defendant. 4. The defendant's personal property that is in the possession of a garnishee. 5. If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant. 6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-801(B)	Fines for felonies	A judgment that the defendant shall pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in + See more a civil action.	Property liens	Felony	No
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 28-1601(A)	Failure to pay civil penalty; suspension or restriction of driving privilege; collection procedure	A. A person shall pay all civil penalties within thirty days from entry of judgment, except that if payment within thirty days will place an undue economic burden on a person, + See more the court may extend the time for payment or may provide for installment payments. If the civil penalty is not paid or an installment payment is not made when due, the court may declare the entire civil penalty due and, if so, the court shall do either of the following: 1. Notify the department and the department shall promptly suspend the person’s driving privilege or the person’s application or privilege to apply for a driving privilege until the civil penalty is paid. 2. Order that the person’s driving privilege be restricted as described in section 28-144 until the civil penalty is paid and notify the department of the restriction.	Driver's license suspension/impoundment	All	No
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-821(B)	Fines for drug offenses	The court may suspend the imposition of a fine pursuant to this section if the person agrees to enter a residential drug rehabilitation program approved by the court and to + See more pay for all or a part of the costs associated with the rehabilitation program. On successfully completing the program, the person may apply to the court for a reduction in the amount of the fine imposed pursuant to this section. If the person establishes to the satisfaction of the court that the person successfully completed the program, the court may reduce the fine by the amount the person paid to participate in the rehabilitation program. If the person fails to complete the program, the court shall enforce the collection of the entire fine that was imposed pursuant to subsection A.	Work program/jail industry program	All	No
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-806	Restitution Lien	A. The state or any person entitled to restitution pursuant to a court order may file inaccordance with this section a restitution lien. A filing fee, recording fee or any + See more other charge is not required for filing a restitution lien.	Property liens	All	No
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-5-22 (b)	Applicability — Late Payment Fee — Requirement to Pay — Defendant Not Indigent	A court may adopt a local rule to impose a late payment fee under this section on defendants described in subsection (a).	Increased fine	All	No
Add to Dashboard + Create New	Indiana	Ind. Code § 35-38-1-18 (d)(2)-(3)	Payment of Fines	(d) Upon any default in the payment of the fine:... (2) the court may direct that the person, if the person is not indigent, be committed to the county jail + See more and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings or order the convicted person’s wages, salary, and other income garnished in accordance with IC 24-4.5-5-105 to enforce the court’s order for payment of the fine.	Incarceration, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Indiana	Ind. Code § 35-38-2-1.7 (d)	Payment of Probation User’s Fee — Lien — Garnishment	If a court orders a person to pay a probation user's fee under section 1 or 1.5 of this chapter, the court may garnish the wages, salary, and other income + See more earned by the person to enforce the order.	Wage/bank account garnishment	All	No

Poverty Penalties and Poverty Traps

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