50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
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See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
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Mandatory
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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.
42 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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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 |
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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 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.
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Driver's license suspension/impoundment | Traffic | No |
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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 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.
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Collection fee/interest | All | No |
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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, and if the fine is collected upon the execution, the convict shall not be further detained on account thereof.
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Incarceration | All | No |
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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 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.
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Wage/bank account garnishment | All | No |
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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 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 |
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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 or performance of the restitution authorized, may be prosecuted for contempt.
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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.