Data Explorer: Enforcement Mechanisms | 50 State Criminal Justice Debt Tool

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

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.

73 Results

Export results to Excel

	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	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. + See more 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.	Other	All	No
Add to Dashboard + Create New	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 + See more 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.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more in the court's discretion and collected by any means authorized for the collection of money judgments under the law of this State.	Collection fee/interest	All	No
Add to Dashboard + Create New	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
Add to Dashboard + Create New	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 + See more 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.	Driver's license suspension/impoundment	Traffic	No
Add to Dashboard + Create New	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 + See more 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.	Collection fee/interest	All	No
Add to Dashboard + Create New	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, + See more and if the fine is collected upon the execution, the convict shall not be further detained on account thereof.	Incarceration	All	No
Add to Dashboard + Create New	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 + See more 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.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more or performance of the restitution authorized, may be prosecuted for contempt.	Incarceration	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 524:6-a(I)	Periodic Payment of Judgments	Whenever judgment is rendered against any person in this state, the court in which the judgment is rendered shall either at the time of rendition of the judgment inquire of + See more the defendant as to the defendant's ability to pay the judgment in full or, upon petition of the plaintiff after judgment, order the defendant to appear in court for such inquiry. The court may at either time order the defendant to make such periodic payments as the court in its discretion deems appropriate. If the court orders the defendant to make periodic payments at the time of rendition of judgment, the order shall not provide for payments to begin until after the appeal period has expired. Failure to make such periodic payments shall constitute civil contempt of court unless the judge, upon inquiry, finds that the failure was the result of a change in circumstances, or the failure was not intentional or in bad faith, or for other good cause. The court may order the appropriate agencies to make an investigation and recommendation as to the defendant's ability to pay the judgment. The judgment may be enforced against any property of any kind of the debtor, except such income and property as is now exempt from attachment or execution. Unless the parties otherwise agree, after an order for periodic payments has been issued by the court, no writ of execution shall be issued by the court without prior notice to the defendant. II. Any income from a retirement plan or arrangement qualified for tax exemption purposes, as defined by RSA 511:2, XIX, shall be exempt from periodic payments up to the amount of 50 times the minimum hourly wage as established by the Fair Labor Standards Act, per week. If the defendant shares income and expenses with another person with whom he or she lives, and both people receive income from such a retirement plan or arrangement, any income from such a retirement plan or arrangement and belonging to either person shall be exempt from periodic payments up to the amount of 100 times the minimum hourly wage as established by the Fair Labor Standards Act, in total, per week.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 604-A:9(III)	Adequate Representation for Indigent Defendants in Criminal Cases: Repayment	If any repayment ordered pursuant to paragraph I becomes overdue, the court having originally appointed counsel may order any employer of a former defendant to deduct from that person's wages + See more or salary the appropriate amount due and to pay such amount to the appropriate department as determined under paragraph I, which shall refund such amount to the state, provided that no money, rights, or credits listed in RSA 512:21 shall be subject to deduction.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	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 + See more 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.	Increased fine, Payment plan/installment plan	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 618:9	Committal for Nonpayment; Term	Whenever a person is committed to a county correctional facility in default of payment of a fine imposed by a justice of a superior court or a district court, he + See more or she shall be discharged from custody by the superintendent thereof at the expiration of a number of days after the date of his or her commitment equal to one day for each $150 of the fine so imposed. The superintendent shall keep a record of all discharges made under the provisions of this section.	Incarceration	All	No
Add to Dashboard + Create New	New Hampshire	NH R CRIM Rule 29(e)(3)(i)	Community Service	(3) In any case where the court finds that the defendant is unable to pay the assessment either on the date the sentence is imposed or later, the court may, if + See more otherwise permitted by law: (i) defer or suspend payment of all or part of the assessment or order periodic payment; or (ii) allow the defendant to perform community service, pursuant to a plan submitted to and approved by the court.	Community service, Payment plan/installment plan	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 618:8	At End of Term, or on Payment of Balance	Any person sentenced conditionally to pay a fine or to be imprisoned for a term shall be discharged at the expiration of the term, and may be discharged at any + See more time on payment of the balance of the fine, after deducting $150 for each day such person has been imprisoned under the sentence.	Incarceration	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 622:55(VII)	Cost of Care Reimbursement by Inmate	If the inmate fails to make any payments as ordered by the court, the attorney general may bring appropriate actions pursuant to RSA 512, for execution and levy of assets + See more of the inmate consistent with the provisions of RSA 480 in the amount necessary to satisfy the unpaid portions of the court's order.	Property liens	All	No
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 1907.25(B)	Blocking of motor vehicle registration or transfer or registration for failure to pay fine or costs	If a person is charged with an offense in county court and either fails to appear in court at the required time and place to answer the charge or pleads + See more guilty to or is found guilty of the offense and fails within the time allowed by the court to pay any fine or costs imposed by the court, the court may enter information relative to the person's failure to pay any outstanding amount of the fine or costs on a form prescribed or approved by the registrar of motor vehicles pursuant to division (C) of this section and send the form to the registrar. Upon receipt of the form, the registrar shall take any measures necessary to ensure that neither the registrar nor any deputy registrar accepts any application for the registration or transfer of registration of any motor vehicle owned or leased by the person. However, for a motor vehicle leased by the person, the registrar shall not implement this requirement until the registrar adopts procedures for that implementation under section 4503.39 of the Revised Code. The period of denial relating to the issuance or transfer of a certificate of registration for a motor vehicle imposed under this section remains in effect until the person pays any fine or costs imposed by the court relative to the offense. When the fine or costs have been paid in full, the court shall inform the registrar of the payment by entering information relative to the payment on a notice of payment form prescribed or approved by the registrar pursuant to division (C) of this section and sending the form to the registrar.	Driver's license suspension/impoundment	All	No
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2947.14(A)	Satisfaction of fine	(A) If a fine is imposed as a sentence or a part of a sentence, the court or magistrate that imposed the fine may order that the offender be committed to + See more the jail or workhouse until the fine is paid or secured to be paid, or the offender is otherwise legally discharged, if the court or magistrate determines at a hearing that the offender is able, at that time, to pay the fine but refuses to do so. The hearing required by this section shall be conducted at the time of sentencing.	Incarceration	All	No

Poverty Penalties and Poverty Traps

Type of poverty penalty or poverty trap

Mandatory

Narrrow results

Level of Offense

Poverty Penalties and Poverty Traps

State

Keyword search

Reset

Type of poverty penalty or poverty trap

Mandatory

Narrrow results

Level of Offense