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Poverty Penalties and Poverty Traps
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See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
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Below are the poverty penalties and poverty traps that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
37 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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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, 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.
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Payment plan/installment plan | All | No |
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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 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.
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Payment plan/installment plan | All | No |
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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 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.
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Incarceration | All | No |
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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 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.
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Condition or extension of supervision | All | No |
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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 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.
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Property liens | All | No |
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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 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
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Community service | All | No |
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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 § 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.
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Wage/bank account garnishment | All | No |
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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 a civil action.
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Property liens | Felony | No |
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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, 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 |
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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 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.
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Work program/jail industry program | All | No |
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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 other charge is not required for filing a restitution lien.
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Property liens | All | No |
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Kentucky | Ky. Rev. Stat. Ann. § 534.020(3)(b),(4) | Methods of imposing fines; installment payment plan; determination of reason for defendant's default; show cause hearing; certain installment payments not to be reported as liquidated debt |
(b) If the defendant fails to appear at the show cause hearing, the court may issue a warrant for the defendant's arrest. Any warrant for arrest issued for nonpayment of court costs, fees, or fines pursuant to this subsection shall include a notice to the jailer that the defendant shall be released upon payment or completion of daily credit pursuant to KRS 534.070.
(4) When a defendant is sentenced to pay court costs, fees, or fines, an alternative sentence of imprisonment that is to be served in the event the court costs, fees, or fines are not paid shall not be imposed at the same time. The response of a court to nonpayment shall be determined only after: (a) The court costs, fees, or fines have not been paid; and (b) 1. The show cause hearing has been held pursuant to subsections (2)(a) and (3)(a) of this section; or 2. The defendant has failed to appear at the show cause hearing as outlined in subsection (3)(b) of this section. |
Other | All | No |
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Kentucky | Ky. Rev. Stat. Ann. § 534.070(1) | Incarceration for failure to pay fine or court costs or failure to appear in court; daily credit against fine or court costs for time served; application of partial payment |
(1) A defendant who has been sentenced to jail for failure to pay court costs, fees, or fines or for failure to appear in court on a date set for the sole purpose of addressing nonpayment of court costs, fees, or fines shall receive credit against the court costs, fees, or fines owed for each day the defendant spends in jail . . .
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Incarceration | All | No |
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Kentucky | Ky. RCr 2.05 | Bench Warrants |
Whenever a witness or defendant fails to appear in court as duly required, the presiding judge may issue a warrant for his or her arrest without the necessity of a supporting affidavit or complaint.
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Other | All | No |
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Kentucky | Ky. Rev. Stat. Ann. § 534.020(1) | Methods of imposing fines; installment payment plan; determination of reason for defendant's default; show cause hearing; certain installment payments not to be reported as liquidated debt |
When a defendant is sentenced to pay a fine, the court may provide for payment to be made within a specified period of time or in specified installments. If no such provision is made a part of the sentence, then the fine shall be payable forthwith.
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Payment plan/installment plan | All | No |
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Kentucky | Ky. Rev. Stat. Ann. § 24A.175(4) | Court cost enforcement |
(4) If the court finds that the defendant does not meet the standard articulated in subsection (3) of this section and that the defendant is nonetheless unable to pay the full amount of the court costs, fees, or fines at the time of sentencing, then the court may establish an installment payment plan in accordance with KRS 534.020.
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Payment plan/installment plan | All | No |
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Kentucky | Ky. Rev. Stat. Ann. § 441.265(3),(5)-(7) | Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods |
(3) The jailer or his designee may bill and attempt to collect any amount owed which remains unpaid. The governing body of the county may, upon the advice of the jailer, contract with one (1) or more public agencies or private vendors to perform this billing and collection. Within twelve (12) months after the date of the prisoner's release from confinement, the county attorney, jailer, or the jailer's designee, may file a civil action to seek reimbursement from that prisoner for any amount owed which remains unpaid . . .
(6) Payment of any required fees may be automatically deducted from the prisoner's property or canteen account. If the prisoner has no funds in his account, a deduction may be made creating a negative balance. If funds become available or if the prisoner reenters the jail at a later date, the fees may be deducted from the prisoner's property or canteen account. (7) Prior to the prisoner's release, the jailer or his designee may work with the confined prisoner to create a reimbursement plan to be implemented upon the prisoner's release. At the end of the prisoner's incarceration, the prisoner shall be presented with a billing statement produced by the jailer or designee. After the prisoner's release, the jailer or his designee may, after negotiation with the prisoner, release the prisoner from all or part of the prisoner's repayment obligation if the jailer believes that the prisoner will be unable to pay the full amount due. |
Civil judgment | All | No |
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Kentucky | Ky. Rev. Stat. Ann. § 532.162(2) | Order as lien upon earnings; circuit clerk to disburse; fee |
(2) The circuit clerk's office shall disburse all collected reimbursement, restitution, and fees to the victim, the Kentucky Claims Commission, or the local government, whichever is appropriate. The clerk shall be entitled to collect a fee of two dollars and fifty cents ($2.50) from each account for which a disbursement is made at the time of disbursement. In the event of challenge to a garnishment, the appropriate clerk's office shall not disburse those sums associated with the challenged garnishment until determination by the sentencing court regarding the propriety of the garnishment.
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Increased fine | All | No |
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Kentucky | Ky. Rev. Stat. Ann. § 532.160(1) | Criminal garnishment |
(1) If a convicted person is unable to pay all court costs, fees, fines, and other monetary penalties at the time of sentencing, then the sentencing court may, consistent with KRS 23A.205, 24A.175, 534.020, and KRS 534.060, issue a criminal garnishment order for all fines under KRS Chapter 534 or KRS 49.480 and for court costs, restitution, and reimbursement charges in this chapter.
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Wage/bank account garnishment | All | No |
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Kentucky | Ky. Rev. Stat. Ann. § 532.168 | Show cause hearing for failure to comply with criminal garnishment order |
If a garnishee fails to comply with the terms of the order of criminal garnishment within thirty (30) days after its issuance, the attorney for the Commonwealth may move the court to order the garnishee to show cause why he should not be held in contempt. If the court finds that the failure was willful or grossly negligent, the court shall find the garnishee in contempt and shall award reasonable attorney's fees and costs, in addition to any contempt sanction it imposes.
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Incarceration | All | No |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.