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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Alabama Ala.Code 1975 § 14-4-10 Hard labor; additional sentence

Whenever any convict is sentenced by the court and required to do hard labor for the county, an additional sentence not to exceed 10 months in any case for the

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payment of costs of conviction may be imposed, and the court must determine a reasonable time required to work out such costs. The costs of conviction of county convicts shall be the same as provided by law now in force in the respective counties.

Incarceration All No
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Alabama Ala.Code 1975 § 15-18-144 Restitution Withholding: Attachment of property

Any provision of any law of this state to the contrary notwithstanding and in addition to any other remedy which is or may be hereafter provided by law for the

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enforcement or collection of a restitution order, any decree, judgment, or order requiring the payment of restitution may include, upon motion of the victim, district attorney, the Attorney General, or the court, an order requiring that any asset or other income or any portion thereof to which a defendant is or may be entitled be withheld or attached, and such order may also require any person in real or constructive possession, custody, or control thereof to pay over, deliver, convey, transfer, or assign the same to the clerk of the court for disbursement, transfer, or assignment to the victim in accordance with the defendant's restitution obligation. If the prison authority reasonably believes that the defendant's outgoing mail contains any object or any item that has monetary value, the object or item shall be seized and transferred to the court of original jurisdiction. If the court determines that the item or object seized has monetary value, the item or object shall be transferred to the Crime Victims Compensation Fund for disbursement, transfer, or assignment to the victim for satisfaction of the defendant's outstanding restitution obligations. If the court determines that the item or object seized does not have any monetary value, the court shall return such to the prison to be promptly placed in the U.S. mail.

Wage/bank account garnishment All No
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Alabama Ala.Code 1975 § 12-18-72 Restitution to victim's of crimes: Condition of probation or parole; default.

(a) When a defendant whose sentence has been suspended and placed on probation by the court, and ordered to make restitution, defaults in the payment thereof or of any installment,

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the court on motion of the victim or the district attorney or upon its own motion shall require the defendant to show cause why his default should not be treated as violation of a condition of his probation.

(b) When the defendant is sentenced to the penitentiary by the court, and the court orders restitution, it shall be made a condition of his parole that restitution be made. When the parolee defaults in the payment thereof or any installment, the parole board on motion of the victim or the district attorney or the supervising parole officer, may require the defendant to show cause why his default should not be treated as a violation of a condition of parole, and the board may declare the parolee delinquent and after due process may revoke his parole.

Extension of probation/supervision Misdemeanor, Felony No
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Alaska Alaska Stat. Ann. § 12.55.035(d) Fines

If a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments.

Payment plan/installment plan All No
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Alaska Alaska Stat. Ann. § 12.55.051(a) Enforcement of Fines and Restitution

If the defendant defaults in the payment of a fine or any installment or of restitution or any installment, the court may order the defendant to show cause why the

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defendant should not be sentenced to imprisonment for nonpayment and, if the payment was made a condition of the defendant's probation, may revoke the probation of the defendant subject to the limits set out in AS 12.55.110.

Condition or extension of supervision All No
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Alaska Alaska Stat. Ann. § 12.55.051(a) Enforcement of Fines and Restitution

If the court does not find that the default was attributable to the defendant's inability to pay despite having made continuing good faith efforts to pay the fine or restitution,

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the court may order the defendant imprisoned subject to the limits set out in AS 12.55.110. A term of imprisonment imposed under this section may not exceed one day for each $50 of the unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall be given toward satisfaction of the order of the court for every day a person is incarcerated for nonpayment of a fine or restitution.

Incarceration All No
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Alaska Alaska Stat. Ann. § 12.55.055(c) Community work

The court may offer a defendant convicted of an offense the option of performing community work in lieu of a fine, surcharge, or portion of a fine or surcharge if

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the court finds the defendant is unable to pay the fine. The value of community work in lieu of a fine is the state's minimum wage for each hour.

Community service All No
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Alaska Alaska Stat. Ann. § 28.15.181(g) Court Suspensions, Revocations, and Limitations

The court may suspend the driver's license, privilege to drive, or privilege to obtain a license of a person who fails to appear in court as required by a citation

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for an offense involving a moving motor vehicle, or who fails to pay a fine as required by the court for an offense involving a moving motor vehicle. If the court suspends a driver's license under this subsection, the court shall also provide notice of the suspension to the department.  A suspension imposed under this subsection remains in effect until the person appears in court as required by the citation, or pays the fine as required by the court. When the person appears in court or pays the required fine, the court shall terminate the suspension imposed under this subsection and provide the department and the person with written notice of the termination.

Driver's license suspension/impoundment Traffic No
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Alaska Alaska Stat. Ann. § 12.55.045(c) Restitution and Compensation

If a defendant is sentenced to pay restitution, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If

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the defendant fails to make one or more payments required under this section, the victim or the state on the victim's behalf may enforce the total amount remaining under the order of restitution as provided in (l) of this section.

Payment plan/installment plan All No
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Alaska Alaska Stat. Ann. § 28.01.015(a)(5) Municipal Impoundment and Forfeiture

(a) Notwithstanding other provisions in this title, a municipality may adopt an ordinance providing for the impoundment or forfeiture of a:

(5) motor vehicle used by a person who has $1,000

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or more in delinquent traffic fines for moving violations committed within the municipality.

Driver's license suspension/impoundment Traffic No
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Alaska Alaska Stat. § 28.20.370 Installment Payment of Judgments; Default

(a) A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying the judgment in installments

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and the court, without prejudice at any other legal remedy, may order and fix the amount and time of payment of the installments;  (b) The department may not suspend a license or nonresident’s operating privilege, and shall restore a license 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;  (c) If the judgment debtor fails to pay an installment specified by the court order, upon notice of default, the department shall immediately suspend the license or nonresident’s operating privilege of the judgment debtor until the judgment is satisfied as provided in this chapter.

Driver's license suspension/impoundment Traffic No
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Alaska Alaska Stat. § 12.55.039(b) Surcharge

A court may not fail to impose the surcharge required under this section. The surcharge may not be waived, deferred, or suspended. A court may allow a defendant who is

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unable to pay the surcharge required to be imposed under this section to perform community work under AS 12.55.055(c) in lieu of the surcharge.

Community service All No
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Alaska Alaska Stat. § 12.55.035(d) Fines

If a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments.

Payment plan/installment plan All No
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-503(a) Installment When a court imposes a fine, the court may order the defendant to pay the fine: (1) When the court imposes sentence; or (2) In specified installments at designated intervals. Payment plan/installment plan All No
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-503(c) Condition Probation on Payment If a court sentences a defendant to probation, the court may make payment of a fine a condition of the sentence. Condition or extension of supervision All No
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-504(c)(3) Imprisonment
After an investigation that a court considers necessary as to the reasons for the failure or inability to pay a fine, the court: May order that the individual be committed
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to a correctional facility;
Incarceration All No
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-505 Collection of Unpaid Fines and Costs Unpaid and undischarged fines and unpaid costs may be levied, executed on, and collected in the same manner as judgments in civil cases. Property liens All No
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Maryland Md. Code Ann., Transp. § 26-207(a) Revocation of Commercial License
If a person holding a commercial driver's license fails to comply with a notice to appear in court or a notice for failure to pay a fine for a traffic
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citation issued to the person under the laws or regulations of another state, and the other state's driver licensing authority notified the Administration of the noncompliance, on receipt of the notice of noncompliance and after giving the person 10 days' written notice, the Administration shall suspend the driving privileges of the person until receipt of a notice of compliance from the other state.
Driver's license suspension/impoundment All No
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Maryland Md. Code Ann., Transp. § 27-103(a) Revocation of License
If a person fined under the Maryland Vehicle Law1 or under any federal traffic law or regulation for a violation occurring in Maryland does not pay the fine in accordance
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with the court's directive: (1) The court may so certify to the Administration; and (2) On such certification, after giving the person 10 days advance written notice, the Administration may suspend the driving privileges or license of the person until the fine has been paid.
Driver's license suspension/impoundment All No
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Maryland Md. Code Ann., Crim. Law §10-119(i) Criminal Contempt Sanctions
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may
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be punished by the court as provided by law.
Increased fine All No