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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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- Civil judgment (3)
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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.
53 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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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.
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Civil judgment | All | No |
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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.
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Incarceration | All | No |
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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.
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Incarceration | All | No |
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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.
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Condition or extension of supervision | All | No |
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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.
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Payment plan/installment plan | All | No |
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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.
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Driver's license suspension/impoundment | All | No |
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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.
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Wage/bank account garnishment | All | No |
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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
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Payment plan/installment plan | All | No |
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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.
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Property liens | All | No |
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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.
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Collection fee/interest | All | No |
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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.
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Work program/jail industry program | All | No |
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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.
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Incarceration | All | No |
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Illinois | 705 Ill. Comp. Stat. 105/27.2b | State income tax refund intercept |
The Clerk of the Circuit Court may enter into an agreement with the Illinois Department of Revenue to establish a pilot program for the purpose of collecting certain balances owed. The purpose shall be to intercept, in whole or in part, State income tax refunds due the persons who owe past due fees to the Clerk of the Circuit Court in order to satisfy unpaid assessments under the Criminal and Traffic Assessment Act [705 ILCS 135/1-1 et seq.] and fines as ordered by the court.
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Other | All | No |
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Illinois | 730 Ill. Comp. Stat. 5/5-5-6(f) | Restitution |
Taking into consideration the ability of the defendant to pay, including any real or personal property or any other assets of the defendant, the court shall determine whether restitution shall be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years, except for violations of Sections 16-1.3 and 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012 [720 ILCS 5/17-56], or the period of time specified in subsection (f-1), not including periods of incarceration, within which payment of restitution is to be paid in full. Complete restitution shall be paid in as short a time period as possible. However, if the court deems it necessary and in the best interest of the victim, the court may extend beyond 5 years the period of time within which the payment of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that restitution is to be paid over a period greater than 6 months, the court shall order that the defendant make monthly payments; the court may waive this requirement of monthly payments only if there is a specific finding of good cause for waiver.
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Payment plan/installment plan | All | No |
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Illinois | 730 Ill. Comp. Stat. 5/5-9-3(a)-(b) | Fines: Default |
(a) An offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment. The court may issue a summons for his appearance or a warrant of arrest.
(b) Unless the offender shows that his default was not due to his intentional refusal to pay, or not due to a failure on his part to make a good faith effort to pay, the court may order the offender imprisoned for a term not to exceed 6 months if the fine was for a felony, or 30 days if the fine was for a misdemeanor, a petty offense or a business offense. Payment of the fine at any time will entitle the offender to be released, but imprisonment under this Section shall not satisfy the payment of the fine. |
Incarceration | All | No |
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Illinois | 725 Ill. Comp. Stat. 5/113-3.1(g) | Payment for Court-Appointed Counsel |
A defendant who fails to obey any order of court entered under this Section may be punished for contempt of court. Any arrearage in payments may be reduced to judgment in the court's discretion and collected by any means authorized for the collection of money judgments under the law of this State.
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Collection fee/interest | All | No |
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Missouri | Mo. Ann. Stat. § 558.006 | Response to nonpayment |
When an offender sentenced to pay a fine defaults in the payment of the fine or in any installment, the fine or installment shall be collected by any means authorized for the enforcement collection of money judgments, other than a lien against real estate, or may be waived at the discretion of the sentencing judge.
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Other, Wage/bank account garnishment | All | No |
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Missouri | Mo. Ann. Stat. § 559.016(3) | Terms of probation - extension |
The court may extend a period of probation, however, no more than one extension of any probation may be ordered except that the court may extend the total time on probation by one additional year by order of the court if the defendant admits he or she has violated the conditions of his or her probation or is found by the court to have violated the conditions of his or her probation.
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Condition or extension of supervision | All | No |
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Missouri | Mo. Ann. Stat. § 559.021(2)(1) | Conditions of probation--compensation of victims--free work, public or charitable--defendant not an employee for workers’ compensation purposes--payment to county restitution fund, when |
In addition to such other authority as exists to order conditions of probation, the court may order such conditions as the court believes will serve to compensate the victim, any dependent of the victim, any statutorily created fund for costs incurred as a result of the offender's actions, or society. Such conditions may include restorative justice methods pursuant to section 217.777, or any other method that the court finds just or appropriate including, but not limited to: (1) Restitution to the victim or any dependent of the victim, or statutorily created fund for costs incurred as a result of the offender's actions in an amount to be determined by the judge.
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Condition or extension of supervision | All | No |
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Missouri | Mo. Ann. Stat. § 476.120 | Punishment for contempt |
Punishment for contempt may be by fine or imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court. |
Incarceration, Increased fine | All | No |
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For more information, please visit cjpp.law.harvard.edu.