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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	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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, + See more 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
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
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-50-5-3 (b); (h)	Restitution Orders	(b) A restitution order under subsection (a), (i), (j), (l), or (m), is a judgment lien that:(1) attaches to the property of the person subject to the order; (2) may + See more be perfected; (3) may be enforced to satisfy any payment that is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and (4) expires; in the same manner as a judgment lien created in a civil proceeding ... (h) The attorney general may pursue restitution ordered by the court under subsections (a) and (c) on behalf of the victim services division of the Indiana criminal justice institute established under IC 5-2-6-8.	Civil judgment, Property liens	All	No
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-33-8-3.3 (h) - (m)	Pretrial Services Fees	(i) A probation department or pretrial services agency may petition a court to: (1) impose a pretrial services fee on a defendant; or (2) increase a defendant’s pretrial services fee; if the financial + See more ability of the defendant to pay a pretrial services fee changes while the defendant is on bail and supervised by a probation officer or pretrial services agency. (j) An order to pay a pretrial services fee under this section: (1) is a judgment lien that, upon the defendant’s conviction (A) attaches to the property of the defendant; (B) may be perfected; (C) may be enforced to satisfy any payment that is delinquent under this section; and (D) expires; in the same manner as a judgment lien created in a civil proceeding; (2) is not discharged by the disposition of charges against the defendant or by the completion of a sentence, if any, imposed on the defendant; (3) is not discharged by the liquidation of a defendant’s estate by a receiver under IC 32-30-5; and (4) is immediately terminated if a defendant is acquitted or if charges against the defendant are dropped. (k) If a court orders a defendant to pay a pretrial services fee, the court may, upon the defendant’s conviction, enforce the order by garnishing the wages, salary, and other income earned by the defendant. (l) In addition to other methods of payment allowed by law, a probation department or pretrial services agency may accept payment of a pretrial services fee by credit card (as defined in IC 14-11-1-7(a)). The liability for payment is not discharged until the probation department or pretrial services agency receives payment or credit from the institution responsible for making the payment or credit. (m) The probation department or pretrial services agency may contract with a bank or credit card vendor for acceptance of a bank or credit card. However, if there is a vendor transaction charge or discount fee, whether billed to the probation department or pretrial services agency, or charged directly to the account of the probation department or pretrial services agency, the probation department or pretrial services agency may collect a credit card service fee from the person using the bank or credit card. The fee collected under this subsection is a permitted additional charge to the fee or fees the defendant may be required to pay under subsection (e).	Collection fee/interest, Increased fine, Property liens, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-2-3 (a)(4); (d)	Indigency Hearing — Suspension of Costs — Default — Fees for Representation — Rights and Protections	(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, + See more the court shall order the person to pay: ... (4) the entire amount of the costs at some later date, less any amount credited under subsections (g) through (i) for the performance of: (A) allowable community service work ordered by the court as part of the person’s sentence or as part of the person’s probation; or (B) uncompensated volunteer work approved by the court at a nonprofit or municipal corporation that benefits the community, even if the volunteer work is not ordered by the court. ... (d) Upon any default in the payment of the costs: (1) an attorney representing the county may bring an action on a debt for the unpaid amount; (2) the court may direct that the person, if the person is not indigent, be committed to the county jail 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 to enforce the court's order for payment of the costs.	Civil judgment, Community service, Incarceration	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 604-A:9(I)	Repayment	The state may collect from the defendant a service charge of up to 10 percent of the total amount of fees and expenses owed by such defendant.	Collection fee/interest	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 263:56-a	Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine	Whenever any defendant: . . . (b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court has determined he + See more is able to pay, or issues a bad check in payment of a fine or other penalty; or (c) Fails to comply with a similar order of the director or a court on any matter within the director's or court's jurisdiction, his driver's license or resident or nonresident driving privilege and in any motor vehicle case or related case the resident plates and motor vehicle registration shall be suspended or revoked only upon written consent of the director, effective 30 days after such default or failure, except as provided in subparagraph I(d) of this section.	Driver's license suspension/impoundment	Traffic	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 490:26-a(II-a)	Court Fees and Fines; Credit Card Payments	The supreme court may establish by rule an equitable fee of not less than $25 to be added to a fine whenever a court extends the time for the payment + See more of the fine. An equitable fee assessed by a court under this paragraph shall be paid prior to or simultaneously with the payment of the fine.	Collection fee/interest	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 618:7	Execution	A writ of execution may be issued for any fine in a criminal case, notwithstanding the respondent may be committed or detained in a county correctional facility for nonpayment thereof, + See more and if the fine is collected upon the execution, the convict shall not be further detained on account thereof.	Incarceration	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 651:22	Jurisdiction Over and Disposition of Wages and Income	In any criminal case, in addition to such other terms and conditions as may be imposed by the court, a defendant who has received a suspended sentence or who has + See more been released under RSA 651:19 may be required by the court to surrender to the department of corrections or other agency designated by the court all or part of his wages or other income, less standard payroll deduction required by law, earned during the time he is not confined under the sentence. The court may direct that, after deducting therefrom the cost of his maintenance while not confined, the balance be applied as needed for restitution payments made to authorized claimants pursuant to RSA 651:62 through 66 and for the support and maintenance of his dependents. Any balance after such applications shall be deposited in a savings account to be released to him or applied as needed for restitution payments or the support of his dependents as the court may order, or applied to the designated cost of room and board at the institution for the period of time during which the inmate is working before the expiration of his sentence. Upon expiration of his sentence the balance remaining shall be paid to him or his order.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 651:64(I),(III)	Time and Method of Restitution	I. The time and method of restitution payments or performance of restitution services shall be specified by the department of corrections. Monetary restitution may be by lump sum, or by + See more periodic installments in any amounts. III. The department may garnish the offender's wages for the purpose of ensuring payment of victim restitution.	Payment plan/installment plan, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 651:67(I)	Failure to Make Restitution	Any offender who is sentenced to make restitution under RSA 651:63, and who purposely violates the court's order by either failing to make restitution or by defaulting in the payment + See more or performance of the restitution authorized, may be prosecuted for contempt.	Incarceration	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 524:6-a(I)	Periodic Payment of Judgments	Whenever judgment is rendered against any person in this state, the court in which the judgment is rendered shall either at the time of rendition of the judgment inquire of + See more the defendant as to the defendant's ability to pay the judgment in full or, upon petition of the plaintiff after judgment, order the defendant to appear in court for such inquiry. The court may at either time order the defendant to make such periodic payments as the court in its discretion deems appropriate. If the court orders the defendant to make periodic payments at the time of rendition of judgment, the order shall not provide for payments to begin until after the appeal period has expired. Failure to make such periodic payments shall constitute civil contempt of court unless the judge, upon inquiry, finds that the failure was the result of a change in circumstances, or the failure was not intentional or in bad faith, or for other good cause. The court may order the appropriate agencies to make an investigation and recommendation as to the defendant's ability to pay the judgment. The judgment may be enforced against any property of any kind of the debtor, except such income and property as is now exempt from attachment or execution. Unless the parties otherwise agree, after an order for periodic payments has been issued by the court, no writ of execution shall be issued by the court without prior notice to the defendant. II. Any income from a retirement plan or arrangement qualified for tax exemption purposes, as defined by RSA 511:2, XIX, shall be exempt from periodic payments up to the amount of 50 times the minimum hourly wage as established by the Fair Labor Standards Act, per week. If the defendant shares income and expenses with another person with whom he or she lives, and both people receive income from such a retirement plan or arrangement, any income from such a retirement plan or arrangement and belonging to either person shall be exempt from periodic payments up to the amount of 100 times the minimum hourly wage as established by the Fair Labor Standards Act, in total, per week.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 604-A:9(III)	Adequate Representation for Indigent Defendants in Criminal Cases: Repayment	If any repayment ordered pursuant to paragraph I becomes overdue, the court having originally appointed counsel may order any employer of a former defendant to deduct from that person's wages + See more or salary the appropriate amount due and to pay such amount to the appropriate department as determined under paragraph I, which shall refund such amount to the state, provided that no money, rights, or credits listed in RSA 512:21 shall be subject to deduction.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 490:26-a(II-a)	Court Fees and Fines; Credit Card Payments	The supreme court may establish by rule an equitable fee of not less than $25 to be added to a fine whenever a court extends the time for the payment + See more of the fine. An equitable fee assessed by a court under this paragraph shall be paid prior to or simultaneously with the payment of the fine.	Increased fine, Payment plan/installment plan	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 618:9	Committal for Nonpayment; Term	Whenever a person is committed to a county correctional facility in default of payment of a fine imposed by a justice of a superior court or a district court, he + See more or she shall be discharged from custody by the superintendent thereof at the expiration of a number of days after the date of his or her commitment equal to one day for each $150 of the fine so imposed. The superintendent shall keep a record of all discharges made under the provisions of this section.	Incarceration	All	No

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