50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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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- Civil judgment (1)
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- Incarceration (7)
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- Other (2)
- Payment plan/installment plan (7)
- Property liens (4)
- Wage/bank account garnishment (3)
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Mandatory
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Level of Offense
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.
36 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Arkansas | Ark. Code Ann. § 5-26-413 | Temporary Support Order |
At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may: ...(2) Punish for violation of the temporary support order as for contempt.
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Incarceration | All | No |
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Arkansas | Ark. Code Ann. § 5-4-206(b) | Collection of Unpaid Restitution--Interception of State Income Tax Returns |
A court that orders the payment of restitution as a condition of a defendant's sentence shall note on the restitution order that the restitution may be collected through an interception of the defendant's state income tax return if the defendant has failed to comply with the terms and conditions of the restitution order.
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Wage/bank account garnishment | All | No |
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Arkansas | Ark. Code Ann. § 5-4-204(a) | Collection After Default |
When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected by any means authorized for the enforcement of a money judgment in a civil action.
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Wage/bank account garnishment | All | No |
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Arkansas | Ark. Code Ann. § 5-4-204(a) | Collection After Default |
When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected by any means authorized for the enforcement of a money judgment in a civil action.
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Property liens | All | No |
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Arkansas | Ark. Code Ann. § 5-4-303(c) | Conditions of Suspension or Probation |
(c) If the court suspends imposition of sentence on a defendant or places him or her on probation, as a condition of its order the court may require that the defendant: (1) Support his or her dependents and meet his or her family responsibilities . . . (6) Make restitution to an aggrieved party in an amount the defendant can afford to pay for the actual loss or damage caused by his or her offense
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Condition or extension of supervision | All | No |
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Arkansas | Ark. Code Ann. § 5-4-303(f)(1)(C) | Conditions of Suspension or Probation |
(f)(1) If the court suspends imposition of sentence on a defendant or places him or her on probation conditioned upon his or her making restitution under subdivision (c)(6) of this section, the court, by concurrence of the victim, defendant, and the prosecuting authority, shall determine the amount to be paid as restitution . . . and (C) If a personal service is contemplated, the reasonable value and rate of compensation for the personal service rendered to the victim.
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Work program/jail industry program | All | No |
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Arkansas | Ark. Code Ann. § 5-4-303(f)(2) | Conditions of Suspension or Probation |
After considering the assets, financial condition, and occupation of the defendant, the court shall further determine: (A) Whether restitution shall be total or partial; (B) The amounts to be paid if by periodic payments.
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Payment plan/installment plan | All | No |
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Arkansas | Ark. Code Ann. § 17-1-103(d)(1) | Registration, Certification, and Licensing for Criminal Offenders |
For the purposes of this section, completion of the following shall be deemed prima facie evidence of sufficient rehabilitation: (1) Probation or parole supervision. |
Driver's license suspension/impoundment | All | No |
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Arkansas | Ark. Code Ann. § 16-17-131 | Suspension of License for Failure to Appear |
(a) A person required to appear before a district court in this state, having been served with any form of notice to appear for any criminal offense, traffic violation, or misdemeanor charge, shall appear at the time and place designated in the notice.
(b)(1) If a person fails to appear as required in subsection (a) of this section, the presiding judge may suspend the person's driver's license.(2) The license shall be suspended until the person appears and completes the sentence ordered by the court.(3) After the person satisfies all requirements of the sentence, the Department of Finance and Administration shall assess the current fees for reinstatement of a driver's license. |
Driver's license suspension/impoundment | All | No |
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Arkansas | Ark. Code Ann. § 5-4-202 | Alternative Sentence Prohibited -- Time of Payment |
(a) If the defendant is sentenced to pay a fine or costs, the court shall not at the same time impose an alternative sentence or imprisonment to be served if the fine or costs are not paid.
(b)(1) If a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made:(A) Within a specified period of time; or(B) In specified installments.(2) If permission under subdivision (b)(1) of this section is not granted in the sentence, the fine or costs are payable immediately. |
Payment plan/installment plan | All | No |
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Arkansas | Ark. Code Ann. § 16-92-102 | Costs and Fees -- Execution |
(a) The clerk of the court, at the end of each term, shall issue executions for all fines imposed on indictments, in penal actions, or otherwise, and for the costs of conviction in criminal cases during the term, and remaining unpaid, which shall be executed in the same manner as executions in civil cases. The property of the defendant may be seized and sold, notwithstanding that he or she may be in custody for the same demand.
(b) In every case where a witness is summoned by a special subpoena to testify in a particular case in which an indictment may be found, it shall be the duty of the clerk to tax the attendance of the witness with the cost of the suit, to be collected from the defendant, in the event that judgment shall be rendered against him or her therefor, and to be paid into the county treasury. |
Property liens | All | No |
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Arkansas | A.C.A. § 3-3-102 | Sentences and Fines |
(a) When a jail sentence is inflicted as part of the punishment, all persons convicted under this act shall serve out the sentence at hard labor; (b) All fines and costs assessed against any person under this act and not paid or replevied shall be served out by confinement at hard labor at the rate of one (1) day for each one dollar ($1.00) of the fine and costs.
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Work program/jail industry program | All | No |
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Arkansas | A.C.A. § 16-13-707 | Lien on Property |
(a) When a defendant sentenced to pay a fine defaults in the payment thereof or of any installment, the fine may be collected by any means authorized for the enforcement of money judgments in civil actions; (b) A judgment that the defendant pay a fine shall constitute a lien on the real and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action.
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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 |
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.