Poverty Penalties and Poverty Traps

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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.

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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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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,

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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
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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

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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
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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

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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
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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

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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
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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

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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
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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

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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
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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

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§ 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
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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

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a civil action.

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,

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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

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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
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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

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other charge is not required for filing a restitution lien.

Property liens All No
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Rhode Island R.I. Gen. Laws. Ann. § 12-19-31 Commitment for nonpayment of fines and costs

Whenever any person shall be committed for nonpayment of fines and costs, the sheriffs of the several counties and their deputies, and the town sergeants and town constables of any

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town in the several counties, upon due warrant from the court before whom the person has been convicted, may lawfully remove and commit the persons to the adult correctional institutions and they shall be allowed any fees that are now provided by law in similar cases; provided, that in the counties of Newport and Washington, any person before removal from the county of Newport or the county of Washington, in which sentence is entered, may pay the fine and costs into the court or into the office of the clerk of the court in which sentence is imposed and upon payment shall be discharged.

Incarceration All No
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Rhode Island R.I. Gen. Laws. Ann. § 12-21-9 Commitment for failure to obey judgment or sentence

If any person against whom sentence is passed or judgment rendered, under any penal statute, shall refuse or neglect to perform the sentence or to pay the judgment, he or

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she shall, by order of the court passing the sentence or by the officer charged with the execution issued on the judgment, be committed to the adult correctional institutions, and be imprisoned there until the sentence is performed or he or she is discharged by due course of law.

Incarceration All No
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Rhode Island R.I. Gen. Laws. Ann. § 12-19-8.1 Conditions of probation

(a) The following shall constitute basic conditions of probation applicable to all defendants upon whom a period of probation has been imposed: (8) Pay restitution, court costs, and fines, if

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assessed, in one or several sums, based on the defendant's ability to pay; and

Condition or extension of supervision All No
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Rhode Island R.I. Gen. Laws. Ann. § 12-25-26 Recovery from offender

(a) Whenever any person is convicted of an offense and compensation is awarded under this chapter or under the 1972 Act for a personal injury or death resulting from the

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act constituting the offense, the state of Rhode Island shall institute an action against that person for the recovery of the whole or any specified part of the compensation in the superior court of the state of Rhode Island in any county, or in the state or federal court of any other state or district in which that person resides or is found, or make a finding in writing, of the reasons why it is impractical or impossible to institute that action. The office shall pursue the recovery whenever possible in order to provide additional funds for the violent crimes indemnity account. The administrator shall develop rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, to identify those so convicted, determine their ability to compensate the fund, and file whatever action is appropriate to recoup those funds.

Civil judgment All No