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Poverty Penalties and Poverty Traps

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	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	Iowa	Iowa Code § 665.5	Contempts: Imprisonment	If the contempt consists in an omission to perform an act which is yet in the power of the person to perform, the person may be imprisoned until the person + See more performs it. In that case the act to be performed must be specified in the warrant of the commitment.	Incarceration	All	No
Add to Dashboard + Create New	Iowa	Iowa Code § 909.3A	Community service option	The court may, in its discretion, order the defendant to perform community service work of an equivalent value to the fine imposed where it appears that the community service work + See more will be adequate to deter the defendant and to discourage others from similar criminal activity. The rate at which community service shall be calculated shall be the federal or state minimum wage, whichever is higher.	Community service	All	No
Add to Dashboard + Create New	Iowa	Iowa Code Ann. § 910.4(1)	Condition of probation--payment plan	1. When restitution is ordered by the sentencing court and the offender is placed on probation, restitution shall be a condition of probation. a. Failure of the offender to comply with the plan + See more of restitution, plan of payment, or community service requirements when community service is ordered by the court as restitution, shall constitute a violation of probation and shall constitute contempt of court. b. If an offender fails to comply with restitution requirements during probation, the court may hold the offender in contempt, revoke probation, or extend the period of probation.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Iowa	Iowa Code § 909.3	Criminal Corrections - Fines: Payment in installments	1. All fines imposed by the court shall be paid on the day the fine is imposed, and the person shall be instructed to pay such fines with the office of + See more the clerk of the district court on the date of imposition. 2. a. The court may, in its discretion, order a fine to be paid in installments.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-05(3)	Imposition of fine--Response to nonpayment	3. If the defendant does not pay the fine, or make any required partial payment, the court, upon motion of the prosecuting attorney or on its own motion, may issue + See more an order to show cause why the defendant should not be imprisoned for nonpayment. Unless the defendant shows that his default is excusable, the court may sentence him to the following periods of imprisonment for failure to pay a fine:a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty days. b. If the defendant was convicted of a felony, to a period not to exceed six months.	Incarceration	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-05(2)	Imposition of fine--Response to nonpayment	The court may allow the defendant to pay any fine imposed in installments. When a defendant is sentenced to pay a fine, the court shall not impose at the same + See more time an alternative sentence to be served in the event that the fine is not paid.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-05(3)	Imposition of fine--Response to nonpayment	If the defendant does not pay the fine, or make any required partial payment, the court, upon motion of the prosecuting attorney or on its own motion, may issue an + See more order to show cause why the defendant should not be imprisoned for nonpayment. Unless the defendant shows that his default is excusable, the court may sentence him to the following periods of imprisonment for failure to pay a fine: a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty days. b. If the defendant was convicted of a felony, to a period not to exceed six months.	Incarceration	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22(4)	Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement	...A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like + See more manner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.	Property liens	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22.1	Judgment for fine or costs in criminal cases--Docketing and enforcement	The court may, within ten years of the date of entry of a judgment that imposes a fine or assesses costs against a defendant, order the judgment to be docketed + See more by the clerk of court in the judgment docket maintained pursuant to section 28-20-13 in the same manner in which a civil judgment for money is docketed. The docketing of the judgment has the same effect as the docketing of a civil judgment. The docketed judgment may be docketed in any other county in the same manner, it imposes a lien upon the real property owned by the defendant to the same extent, it is subject to the same statute of limitations, and it is enforceable by execution in the same manner as provided for a civil judgment for money.	Property liens	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 32-09.1-02	Creditors may proceed by garnishment	Any creditor is entitled to proceed by garnishment in any court having jurisdiction of the subject of the action against any person, any public corporation, the United States, the state + See more of North Dakota, or any institution, department, or agency of the state, indebted to or having any property in possession or under control, belonging to the creditor's debtor after securing a judgment against the debtor in a court of competent jurisdiction, in the cases, upon the conditions, and in the manner prescribed in this chapter. A garnishment action brought pursuant to this chapter is the exclusive procedure which may be used to execute on earnings of a debtor while those earnings are held by a third-party employer.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 32-09.1-14	Default	If any garnishee who is duly summoned willfully fails to serve disclosure as required in this chapter, the court, upon proof by affidavit of the creditor, may render judgment against + See more the garnishee for an amount not exceeding the lesser of the plaintiff's judgment against the defendant or the retention amount as defined under section 32-09.1-07. The creditor shall serve the garnishee with a copy of the affidavit and a notice of intent to take default judgment. The court upon good cause shown may remove the default and permit the garnishee to disclose on terms as may be just.	Increased fine	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 40-11-12	Commitment of guilty person for nonpayment of fines or costs	Any person upon whom any fine or costs, or both, has been imposed for violation of a municipal ordinance may, after hearing, be committed upon order of the court to + See more jail or other place provided by the municipality for the incarceration of offenders until the fine or costs, or both, are fully paid or discharged by labor as provided in section 40-18-12. The court may not commit a person under this section when the sole reason for the person's nonpayment of fines or costs, or both, is the person's indigence. An order of commitment under this section shall not be for a period in excess of thirty days. As used in this section, “fine” does not include a fee established pursuant to subsection 2 of section 40-05-06.	Incarceration	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-10-01.4(1)(b)	Remedial sanctions--Punitive sanctions for nonsummary and summary procedure--Past conduct	1. A court may impose one or more of the following remedial sanctions:b. Imprisonment if the contempt of court is of a type included in subdivision b, c, d, e, + See more or f of subsection 1 of section 27-10-01.1 (providing that contempt of court includes "Intentional nonpayment of a sum of money ordered by the court to be paid in a case when by law execution cannot be awarded for the collection of the sum") The imprisonment may extend for as long as the contemnor continues the contempt or six months, whichever is shorter.	Incarceration	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-10-01.4(1)(d)	Remedial sanctions--Punitive sanctions for nonsummary and summary procedure--Past conduct	A court may impose one or more of the following remedial sanctions:d. An order designed to ensure compliance with a previous order of the court	Other	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-10-01.4(1)(e)	Remedial sanctions--Punitive sanctions for nonsummary and summary procedure--Past conduct	A court may impose one or more of the following remedial sanctions:e. A sanction other than the sanctions specified in subdivisions a through d if the court expressly finds that + See more those sanctions would be ineffectual to terminate a continuing contempt.	Other	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-05(2)	Imposition of fine--Response to nonpayment	The court may allow the defendant to pay any fine imposed in installments. When a defendant is sentenced to pay a fine, the court shall not impose at the same + See more time an alternative sentence to be served in the event that the fine is not paid.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22(4)	Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement	A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like + See more manner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.	Property liens	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-26-22(4)	Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement	A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like + See more manner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-02.2(4)	Repayment of rewards paid by crimestoppers programs--Duties of attorney general--Qualified local programs--Disbursement of moneys collected	A judgment that includes a repayment of reward, either alone or in conjunction with section 29-26-22, may be docketed and thereafter constitutes a lien upon the real estate of the + See more defendant in the same manner as a judgment for money rendered in a civil action.	Property liens	Felony	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-07(2)	Supervision of probationer--Conditions of probation--Revocation	If the offender has not paid the full amount of supervision fees and costs before completion or termination of probation, the court may issue an order, after opportunity for hearing, + See more to determine the amount of supervision fees and costs that are unpaid. The order may be filed, transcribed, and enforced by the department of corrections and rehabilitation in the same manner as civil judgments rendered by a district court of this state.	Property liens	All	No

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