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.
Every law can be saved to the Reform Builder
See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
State
- Alabama (3)
- Alaska (7)
- Arizona (10)
- Arkansas (13)
- California (10)
- Colorado (15)
- Connecticut (12)
- (-) Delaware (12)
- Florida (31)
- Georgia (5)
- Hawaii (8)
- Idaho (8)
- Illinois (4)
- Indiana (6)
- Iowa (4)
- Kansas (11)
- (-) Kentucky (10)
- Louisiana (18)
- Maine (18)
- Maryland (10)
- Massachusetts (11)
- Michigan (18)
- Minnesota (6)
- Mississippi (8)
- Missouri (20)
- Montana (13)
- Nebraska (6)
- Nevada (9)
- New Hampshire (13)
- New Jersey (13)
- New Mexico (13)
- New York (6)
- (-) North Carolina (8)
- North Dakota (16)
- Ohio (20)
- Oklahoma (9)
- Oregon (12)
- (-) Pennsylvania (14)
- Rhode Island (4)
- South Carolina (17)
- South Dakota (11)
- Tennessee (8)
- Texas (26)
- Utah (15)
- Vermont (6)
- Virginia (13)
- Washington (25)
- Washington DC (4)
- West Virginia (9)
- Wisconsin (8)
- Wyoming (17)
Keyword search
Reset
Reset all filtersType of poverty penalty or poverty trap
- Civil judgment (2)
- Collection fee/interest (2)
- Community service (1)
- Condition or extension of supervision (3)
- Driver's license suspension/impoundment (1)
- Extension of probation/supervision (0)
- Incarceration (14)
- Increased fine (3)
- Other (2)
- Payment plan/installment plan (10)
- Property liens (4)
- Wage/bank account garnishment (3)
- Work program/jail industry program (1)
Mandatory
Narrrow results
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.
44 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
Delaware | 10 Del. C. § 8603(e) | Nonpayment of Costs |
A default in the payment of defense costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of such payment shall not discharge a defendant committed for imprisonment for contempt until the full amount of the fine has actually been collected. The court shall have the power to pursue civil enforcement to obtain the money due on behalf of the State, and to also pursue criminal remedies when civil means are not effective.
|
Civil judgment | All | No |
|
Add to Dashboard
|
Delaware | 10 Del. C. § 8603(b);(c) | Nonpayment of Costs |
(b) If there has been no former citation for contempt, the term of imprisonment for contempt for the nonpayment of defense costs shall be set forth in the commitment order, and shall not exceed 1 day for each $ 25 of the full amount. In no event shall imprisonment exceed 30 days if the fine was imposed upon conviction of a violation or misdemeanor. In all other cases, the court may impose a term of imprisonment not to exceed 1 year. A person committed for nonpayment shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order. (c) Upon a second or subsequent citation for contempt and unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make good faith effort to make the payment, the court may find that such default constitutes contempt and may order the defendant committed until the payment, or a specified part thereof, is paid.
|
Incarceration | All | No |
|
Add to Dashboard
|
Delaware | 10 Del. C. § 8603(e) | Nonpayment of Costs |
A default in the payment of defense costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of such payment shall not discharge a defendant committed for imprisonment for contempt until the full amount of the fine has actually been collected. The court shall have the power to pursue civil enforcement to obtain the money due on behalf of the State, and to also pursue criminal remedies when civil means are not effective.
|
Incarceration | All | No |
|
Add to Dashboard
|
Delaware | 10 Del. C. § 8602(b) | Conditions of Payment |
When the court determines that a defendant must pay the costs of defense and the defendant is also placed on probation, or the imposition or execution of a sentence is suspended, the court may make payment of such costs a condition of probation or suspension of sentence.
|
Condition or extension of supervision | All | No |
|
Add to Dashboard
|
Delaware | 10 Del. C. § 8602(a) | Conditions of Payment |
When the court determines that a defendant must pay the costs of defense, 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 granted, the full amount shall be payable forthwith.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Delaware | 11 Del. C. § 4104(e) | Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment |
Whenever any person lawfully possessed of an operator's license theretofore issued to the person by the Division of Motor Vehicles of the Department of Transportation of the State, or under the laws of any other state or territory, or of the District of Columbia, shall be arrested and charged with any violation of the traffic or criminal laws of this State, or of any political subdivision thereof, a court, as a condition of sentencing, may take and hold, as security for the payment of any fine, costs, restitution or Victims Compensation Fund assessment, the operator's license so issued to the defendant.
|
Driver's license suspension/impoundment | All | No |
|
Add to Dashboard
|
Delaware | 11 Del. C. § 4104(c) | Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment |
Any court may, in its discretion, direct any person sentenced to pay a fine or restitution upon conviction of a crime, who is employed within this State or by a Delaware resident or employer, to execute an assignment of a specified periodic sum not to exceed 1/3 of the person's total earnings, which assignment shall direct the person's employer to withhold and remit that amount to this State up to the total of the fine, costs and restitution imposed.
|
Wage/bank account garnishment | All | No |
|
Add to Dashboard
|
Delaware | 11 Del. C. § 4104(a)(1)-(2) | Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment |
When a court imposes a fine, costs or restitution upon a defendant, the court or justice of the peace may direct as follows:(1) That the defendant pay the entire amount at the time sentence is imposed; (2) That the defendant pay a specified portion of the fine, costs or restitution at designated periodic intervals, and in such case may direct that the fine, costs or restitution be remitted to a probation officer who shall report to the court, at such periods as the court may direct, any failure to comply with the orders; or
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Delaware | 11 Del. C. § 4104(b) | Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment |
The bond shall contain a warrant of attorney authorizing the Prothonotary or any attorney of record in this State or elsewhere to appear in any court, including a justice of the peace, and confess judgment against the person so bound. Upon execution of the bond the convicted person shall be required to list on the reverse thereof all motor vehicles and real property owned by the person or in which the person has any title or interest with a description and the location thereof.
|
Property liens | All | No |
|
Add to Dashboard
|
Delaware | 11 Del. C. § 4104(b) | Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment |
Any court, including a justice of the peace, may, in its discretion, permit any person sentenced to pay a fine upon conviction of crime, in lieu of the payment of the fine ordered, to execute a bond acknowledging the amount of the fine imposed upon the person as a debt due and owing to this State and binding the person unto this State in an amount equal to 10 times the fine imposed. The bond shall be so conditioned that, should the amount of the fine imposed be paid to this State on or before the tenth day next following the day on which the fine is imposed, then in that event the bond shall be null and void.
|
Collection fee/interest | All | No |
|
Add to Dashboard
|
Delaware | 11 Del. C. § 4105(b)(1) | Default in Payment of Fine; Inability to Pay |
Where a person sentenced to pay a fine, costs, restitution or all 3, on conviction of a crime is unable or fails to pay such fine, costs, restitution or all 3, at the time of imposition of sentence or in accordance with the terms of payment set by the court, the court may order the person to report at any time to the Commissioner of the Department of Correction, or a person designated by the Commissioner, for work for a number and schedule of hours necessary to discharge the fine, costs or restitution imposed.
|
Work program/jail industry program | All | No |
|
Add to Dashboard
|
Delaware | 11 Del. C. § 4105(d) | Default in Payment of Fine; Inability to Pay |
Notwithstanding subsection (a) of this section, where a defendant sentenced to be imprisoned is ordered to pay a fine, costs, restitution or all 3, the court may order an additional sentence of imprisonment in lieu of requiring the payment of the fine, costs, restitution or all 3; provided, however, that this additional sentence of imprisonment may not exceed 30 days, to be served concurrently or consecutively with the sentence originally imposed, as the court may order.
|
Incarceration | All | No |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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 . . .
|
Incarceration | All | No |
|
Add to Dashboard
|
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.
|
Other | All | No |
|
Add to Dashboard
|
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.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
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.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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.
|
Increased fine | All | No |
|
Add to Dashboard
|
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.
|
Wage/bank account garnishment | 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.