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
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Kentucky Ky. Rev. Stat. Ann. § 431.100
Withholding of money payable by Commonwealth to defendant in satisfaction of money judgment in criminal proceeding; fines and forfeitures go to Commonwealth; disposition of fines from offenses relating to alcohol
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and to criminal littering; monetary . . .

When a money judgment is entered against a defendant in a criminal proceeding and each sum, or any part thereof, remains unpaid, there shall be withheld from any disbursement, payment, benefit,

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compensation, salary, or other transfer of money from the Commonwealth of Kentucky to such defendant an amount equal to the unpaid amount of the judgment. Under no circumstances shall the general fund be used to reimburse court costs or pay for judgment.

Wage/bank account garnishment All Yes
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Kentucky Ky. Rev. Stat. Ann. § 532.033(8) Order of restitution

When a judge orders restitution, the judge shall:

(8) Not release the defendant from probation supervision until restitution has been paid in full and all other aspects of the probation order

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have been successfully completed.

Condition or extension of supervision All Yes
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New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
When a defendant sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), a penalty imposed pursuant to section 11 of P.L.2001, c. 81 (C.2C:43-3.6),
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a penalty imposed pursuant to section 1 of P.L.2005, c. 73 (C.2C:14-10), monthly probation fee, fine, a penalty imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5), other court-imposed financial obligations or to make restitution or pay child support or other support or maintenance ordered by a court defaults in the payment thereof or of any installment, upon the motion of the person authorized by law to collect the payment, the motion of the prosecutor, the motion of the victim entitled to payment of restitution, the motion of the Victims of Crime Compensation Office, the motion of the State or county Office of Victim and Witness Advocacy or upon its own motion, the court shall recall him, or issue a summons or a warrant of arrest for his appearance. The court shall afford the person notice and an opportunity to be heard on the issue of default. Failure to make any payment when due shall be considered a default. The standard of proof shall be by a preponderance of the evidence, and the burden of establishing good cause for a default shall be on the person who has defaulted. (1) If the court finds that the person has defaulted without good cause, the court shall: (a) Order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person
Driver's license suspension/impoundment All Yes
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New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
When a defendant sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), a penalty imposed pursuant to section 11 of P.L.2001, c. 81 (C.2C:43-3.6),
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a penalty imposed pursuant to section 1 of P.L.2005, c. 73 (C.2C:14-10), monthly probation fee, fine, a penalty imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5), other court-imposed financial obligations or to make restitution or pay child support or other support or maintenance ordered by a court defaults in the payment thereof or of any installment, upon the motion of the person authorized by law to collect the payment, the motion of the prosecutor, the motion of the victim entitled to payment of restitution, the motion of the Victims of Crime Compensation Office, the motion of the State or county Office of Victim and Witness Advocacy or upon its own motion, the court shall recall him, or issue a summons or a warrant of arrest for his appearance. The court shall afford the person notice and an opportunity to be heard on the issue of default. Failure to make any payment when due shall be considered a default. The standard of proof shall be by a preponderance of the evidence, and the burden of establishing good cause for a default shall be on the person who has defaulted. (1) If the court finds that the person has defaulted without good cause, the court shall: (a) Order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person
Driver's license suspension/impoundment All Yes
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New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
When a defendant sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), a penalty imposed pursuant to section 11 of P.L.2001, c. 81 (C.2C:43-3.6),
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a penalty imposed pursuant to section 1 of P.L.2005, c. 73 (C.2C:14-10), monthly probation fee, fine, a penalty imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5), other court-imposed financial obligations or to make restitution or pay child support or other support or maintenance ordered by a court defaults in the payment thereof or of any installment, upon the motion of the person authorized by law to collect the payment, the motion of the prosecutor, the motion of the victim entitled to payment of restitution, the motion of the Victims of Crime Compensation Office, the motion of the State or county Office of Victim and Witness Advocacy or upon its own motion, the court shall recall him, or issue a summons or a warrant of arrest for his appearance. The court shall afford the person notice and an opportunity to be heard on the issue of default. Failure to make any payment when due shall be considered a default. The standard of proof shall be by a preponderance of the evidence, and the burden of establishing good cause for a default shall be on the person who has defaulted. (1) If the court finds that the person has defaulted without good cause, the court shall: (a) Order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person
Driver's license suspension/impoundment All Yes
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New Jersey N.J. Stat. Ann. § 30:4-123.59 Legal custody and supervision; conditions; signature on agreement; relief; release to state aid residential facility; assistance; least restrictive available alternative for juveniles; disposition of fines
If the board has granted parole to any inmate from a State correctional facility or juvenile facility and the court has imposed a fine on such inmate, the appropriate board
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panel shall release such inmate on condition that the parolee make specified fine payments to the State Parole Board or the Juvenile Justice Commission. For violation of such conditions, or for violation of a special condition requiring restitution, parole may be revoked only for refusal or failure to make a good faith effort to make such payment.
Condition or extension of supervision All Yes
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New Jersey N.J. Stat. Ann. § 2A:158A-19 Public Defender: Collections of Moneys Due
The Public Defender in the name of the State shall do all things necessary and proper to collect all moneys due to the State by way of reimbursement for services
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rendered pursuant to this act. He may enter into arrangements with one or more agencies of the State, including the comprehensive enforcement program established pursuant to the provisions of P.L.1995, c. 9 (C.2B:19-1 et seq.) or of the counties to handle said collections on a cost basis to the extent that such arrangements are calculated to simplify collection procedures. He shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken for or upon the recovery of a judgment in a civil action and may institute and maintain any action or proceeding in the courts necessary therefor. In any such proceedings or action, the defendant may contest the value of the service rendered by the Public Defender.
Collection fee/interest All Yes
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New Jersey N.J. Stat. Ann. § 22A:3-6 Imprisonment for failure to pay costs
A person who defaults in the payment of costs assessed against him in accordance with the provisions of section 22A:3-4 of this Title shall be liable to imprisonment in the
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county jail for a period of one day for each dollar of costs imposed.
Incarceration All Yes
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New Jersey N.J. Stat. Ann. § 17:29A-35 Motor vehicle violations surcharges for private passenger automobiles
If, upon written notification from the commission or its designee, mailed to the last address of record with the commission, a driver fails to pay a surcharge levied under this section and
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collectible by the commission, the driving privilege of the driver shall be suspended forthwith until at least five percent of each outstanding surcharge assessment that has resulted in suspension is paid to the commission; except that the commission may authorize payment of the surcharge on an installment basis over a period of 12 months for assessments under $2,300 or 24 months for assessments of $2,300 or more. The commission, for good cause, may authorize payment of any surcharge on an installment basis over a period not to exceed 36 months. If a driver fails to pay the surcharge or any installments on the surcharge, the total surcharge shall become due immediately, except as otherwise prescribed by rule of the commission.
Driver's license suspension/impoundment All Yes
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Oregon Or. Rev. Stat. § 137.520(4) Power of committing magistrate to parole and grant temporary release to persons confined in county jail; authority of sheriff to release county jail inmates; disposition of work release earnings

A defendant confined in a county jail and placed upon educational release or upon work release shall, during the hours in which not so engaged or employed, be confined in

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the county jail unless the court by order otherwise directs or unless the sheriff otherwise directs in the absence of a contrary order by the court. The defendants net earnings shall be paid to the sheriff, who shall deduct therefrom and pay such sums as may be ordered by the court for the defendants board, restitution, fine, support of dependents and necessary personal expense. Any balance remaining shall be retained by the sheriff until the defendants discharge from custody, whereupon the balance shall be paid to the defendant.

Wage/bank account garnishment All Yes
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Oregon Or. Rev. Stat. § 809.210(1) Suspension or restriction of driving privileges for failure to pay fine or obey court order; exceptions

(1) A court may do any of the following if the defendant is convicted of any traffic offense and fails or refuses to pay a fine imposed by the court or

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to comply with any condition upon which payment of the fine or any part of it was suspended: (a) Issue a notice of suspension to the Department of Transportation that directs the department to implement procedures under ORS 809.416. (b) Order a defendant’s driving privileges restricted.

Driver's license suspension/impoundment Traffic Yes
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Oregon Or. Rev. Stat. § 1.202(1) Fee for establishing and administering account for judgment that includes monetary obligation; fee for judgment referred for collection

(1) All circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, shall add a fee of not less than

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$ 50 and not more than $ 200 to any judgment that includes a monetary obligation that the court or judicial branch is charged with collecting. The fee shall cover the cost of establishing and administering an account for the debtor and shall be added without further notice to the debtor or further order of the court. The fee shall be added only if the court gives the defendant a period of time in which to pay the obligation after the financial obligation is imposed. Fees under this subsection shall be deposited in the General Fund.

(2) All circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, that use private collection agencies, the Department of Revenue or an offset of federal tax refunds pursuant to an agreement entered into under ORS 1.196 shall add a fee to any judgment referred for collection that includes a monetary obligation that the state court or the commission, department or division is charged with collecting. A fee to cover the costs of collecting judgments referred to the private collection agency, the Department of Revenue, the United States Financial Management Service or the Internal Revenue Service shall be added to the monetary obligation without further notice to the debtor or further order of the court. The fee may not exceed the actual costs of collecting the judgment.

Collection fee/interest, Increased fine All Yes
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Oregon Or. Rev. Stat. § 179.620 Responsibility for Cost of Care of Persons in State Institutions: Liability of person or estate for cost of care

(3) Upon the death of a person, the decedent’s estate shall be liable for any unpaid cost of care. The liability of the decedent’s estate is limited to the cost of

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care incurred on or after July 24, 1979. The decedent’s estate shall not include assets placed in trust for the person by other persons. Collection of any amount from a decedent’s estate shall be pursuant to ORS 179.740.

(4) Regardless of subsection (1) of this section and ORS 179.610 (5), assets held in trust by a trustee for a person are subject to laws generally applicable to trusts.

(5) Notwithstanding subsections (1) and (3) of this section, the Department of Corrections, the Department of Human Services and the Oregon Health Authority may not collect the cost of care from: (a) Any assets received by or owing to a person and the personal estate of the person, or the decedent’s estate, as compensation from the state for injury, death or, if the collection is being made by the Department of Corrections, the false imprisonment of the person that occurred when the person was in a state institution listed in ORS 179.321 or in the Eastern Oregon Training Center and for which the state admits liability or is found liable through adjudication; and (b) Any real or personal property of the personal estate of the person, or the decedent’s estate, that the person or an authorized representative of the person can demonstrate was purchased solely with assets referred to in paragraph (a) of this subsection or partially with such assets, to the extent such assets were used in the purchase.

Property liens All Yes