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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	Montana	Mont. Code Ann. § 46-18-244(6)	Type and time of payment--defenses--ensuring payment	For a felony offense: (a) during any period that the offender is incarcerated, the department of corrections shall take a percentage, as set by department rule, of any money in + See more any account of the defendant administered by the department and use the money to satisfy any existing restitution obligation; (b) at the beginning of any period during which the offender is not incarcerated, the offender shall sign a statement allowing any employer of the offender to garnish up to 25% of the offender's compensation and give the garnished amounts to the department of corrections to be used by the department to satisfy any existing restitution obligation; and (c) during any period that the defendant is on probation or parole, the probation and parole officer shall set a monthly restitution payment amount by dividing the total amount of unpaid restitution by the number of remaining months of probation or parole. The probation and parole officer may adjust the monthly payment up or down by a maximum of 10%, depending on the offender's circumstances.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-244(7)	Type and time of payment--defenses--ensuring payment	The department of corrections shall give the department of revenue a copy of the order to pay restitution. If full restitution has not been paid, the department of revenue shall, + See more pursuant to an agreement made under 46-18-241, intercept any state tax refunds and any federal tax refunds, as provided by law, due the offender and transfer the money to the department of corrections for a felony offense and to the sentencing court for a misdemeanor offense for disbursement to the victim.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-244(6)	Type and time of payment--defenses--ensuring payment	(a) during any period that the offender is incarcerated, the department of corrections shall take a percentage, as set by department rule, of any money in any account of the + See more defendant administered by the department and use the money to satisfy any existing restitution obligation; (b) at the beginning of any period during which the offender is not incarcerated, the offender shall sign a statement allowing any employer of the offender to garnish up to 25% of the offender's compensation and give the garnished amounts to the department of corrections to be used by the department to satisfy any existing restitution obligation; and (c) during any period that the defendant is on probation or parole, the probation and parole officer shall set a monthly restitution payment amount by dividing the total amount of unpaid restitution by the number of remaining months of probation or parole. The probation and parole officer may adjust the monthly payment up or down by a maximum of 10%, depending on the offender's circumstances.	Wage/bank account garnishment	Felony	Yes
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-244(7)	Type and time of payment--defenses--ensuring payment	The department of corrections shall give the department of revenue a copy of the order to pay restitution. If full restitution has not been paid, the department of revenue shall, + See more pursuant to an agreement made under 46-18-241, intercept any state tax refunds and any federal tax refunds, as provided by law, due the offender and transfer the money to the department of corrections for a felony offense and to the sentencing court for a misdemeanor offense for disbursement to the victim.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-601	Judgment in writing--lien	(1) The judgment shall be reduced to writing and signed by the judge. (2) A judgment that the defendant pay a fine or costs constitutes a lien upon the real estate + See more of the defendant, which lien dates from the date of the defendant's arrest.	Property liens	All	Yes
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-802(E)	Fines for misdemeanors	A judgment that the defendant shall pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in + See more a civil action.	Property liens	Misdemeanor	Yes
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-804(L)	Restitution for offense causing economic loss; fine for reimbursement of public monies; notification of arrearage; review hearing	Notwithstanding any other law, a restitution lien is created in favor of a victim of the defendant ordered to make restitution. Monies received monthly from the defendant shall be applied + See more first to satisfy the restitution order entered by the court and the payment of any restitution in arrears. Any monies that are owed by this state to a person who is under a restitution order shall be assigned first to discharge the restitution order, including any tax refund that is owed to the defendant.	Property liens	All	Yes
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-805(E)	Restitution and Fines: Jurisdiction	A criminal restitution order may be recorded and is enforceable as any civil judgment, except that a criminal restitution order does not require renewal pursuant to section 12-1611 or 12-1612. + See more Enforcement of a criminal restitution order by any person or by the state on behalf of any person who is entitled to restitution includes the collection of interest that accrues at a rate of ten percent a year. Enforcement of a criminal restituion order by the state includes the collection of interest that accrues at a rate of four percent a year. A criminal restitution order does not expire until paid in full. A filing fee, A recording fee or any other charge is not required for recording a criminal restitution order.	Collection fee/interest	All	Yes
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-808(B)	Time and method of payment of fines; conditions of probation; no limitation on restitution and other assessments	If a defendant sentenced to pay a fine, restitution, penalty, assessment, incarceration cost or surcharge is also sentenced to probation, the court shall make payment of the fine, restitution, penalty, + See more assessment, incarceration cost or surcharge a condition of probation.	Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 13-912(A)	Restoration of civil rights for first offenders; exception	Any person who has not previously been convicted of any other felony shall automatically be restored any civil rights that were lost or suspended by the conviction if the person + See more both:1. Completes a term of probation or receives an absolute discharge from imprisonment. 2. Pays any fine or restitution imposed.	Other	All	Yes
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 28-3308	Mandatory Suspension; Failure to Appear	On notification by the court that a person failed to appear as directed for a scheduled court appearance after service of a criminal complaint alleging a violation of a provision + See more of this title, the department shall suspend the person’s driver license or nonresident operating privilege until the person appears. If the person appears and does not pay the person’s fines, surcharges or assessments, on notification by the court the department shall suspend the person’s driving privileges or restrict the person’s driving privileges as described in section 28-144 until the fines, surcharges and assessments are paid.	Driver's license suspension/impoundment	Traffic	Yes
Add to Dashboard + Create New	Arizona	Ariz. Rev. Stat. Ann. § 22-429(C)	Judgment; imprisonment for fine; limitation; lien	A sentence that the defendant pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a + See more civil action.	Property liens	All	Yes
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 302.341	Moving traffic violation, failure to prepay fine or appear in court, license suspended, procedure — reinstatement when — excessive revenue from fines to be distributed to schools — definition, state + See more highways	If a Missouri resident charged with a moving traffic violation of this state or any county or municipality of this state fails to dispose of the charges of which the + See more resident is accused through authorized prepayment of fine and court costs and fails to appear on the return date or at any subsequent date to which the case has been continued, or without good cause fails to pay any fine or court costs assessed against the resident for any such violation within the period of time specified or in such installments as approved by the court or as otherwise provided by law, any court having jurisdiction over the charges shall within ten days of the failure to comply inform the defendant by ordinary mail at the last address shown on the court records that the court will order the director of revenue to suspend the defendant's driving privileges if the charges are not disposed of and fully paid within thirty days from the date of mailing. Thereafter, if the defendant fails to timely act to dispose of the charges and fully pay any applicable fines and court costs, the court shall notify the director of revenue of such failure and of the pending charges against the defendant. Upon receipt of this notification, the director shall suspend the license of the driver, effective immediately, and provide notice of the suspension to the driver at the last address for the driver shown on the records of the department of revenue. Such suspension shall remain in effect until the court with the subject pending charge requests setting aside the noncompliance suspension pending final disposition, or satisfactory evidence of disposition of pending charges and payment of fine and court costs, if applicable, is furnished to the director by the individual. The filing of financial responsibility with the bureau of safety responsibility, department of revenue, shall not be required as a condition of reinstatement of a driver's license suspended solely under the provisions of this section.	Driver's license suspension/impoundment	Traffic	Yes
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 558.004(4)	Imposition of fines	When an offender is sentenced to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If + See more no such provision is made a part of the sentence, the fine shall be payable forthwith.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 631:2-b	Domestic Violence	In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. If the court determines that the defendant + See more is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this section shall not be subject to an additional penalty assessment. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 504-A:13(I)	Supervision and Service Charges	The court shall establish a supervision fee for probationers, and the parole board shall establish a supervision fee for parolees. The fee shall not be less than $40 a month, + See more unless waived in whole or in part by the court, board or commissioner, and may be any greater amount as established by the court or board. This fee shall be considered a condition of release, and failure to satisfy this obligation shall be grounds for a violation hearing, unless the probationer or parolee has been found to be indigent and, for that reason, unable to pay the fee. Service charges for collection of fines and fees, other than supervision fees, shall be established at 10 percent of the funds collected.	Collection fee/interest, Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 618:6	Place of Committal	Any person sentenced to pay a fine shall be ordered to be imprisoned until sentence is performed, or he or she is otherwise legally discharged, in the county correctional facility + See more in which the crime was committed. This section shall not be construed as authorizing the confinement of any juvenile under the age of 17 years in a county correctional facility for the nonpayment of a fine.	Incarceration	All	Yes
Add to Dashboard + Create New	West Virginia	W. Va. Code § 50-3-2c(a)	Withholding from personal income tax refunds for unpaid fines and costs in magistrate criminal actions, in magistrate criminal appeals to circuit court and for failure to appear in court	(a) If costs, fines, fees, forfeitures, restitution or penalties imposed by the magistrate court upon conviction of a person for a criminal offense as defined by this code, imposed by the + See more circuit court upon judgment on an appeal to circuit court of that conviction, or imposed by either court for failure to appear are not paid in full within one year of the judgment, the magistrate court clerk or, upon a judgment rendered on appeal, the circuit clerk shall notify the Tax Commissioner that the defendant has failed to pay the costs, fines, forfeitures or penalties assessed by the court. The notice provided by the magistrate clerk or the circuit clerk to the Tax Commissioner must include the defendant's Social Security number. The Tax Commissioner, or his or her designee, shall withhold from any personal income tax refund due and owing to a defendant the costs, fines, fees, forfeitures, restitution or penalties due, the Tax Commissioner's administration fee for the withholding and any and all fees or other amounts that the magistrate court and the circuit court would have collected had the defendant appeared: Provided, That no withholding shall be made under this section if there is an unsatisfied withholding request made pursuant to section two-b [§ 8-10-2b], article ten, chapter eight of this code. The Tax Commissioner's administration fee shall not exceed $25, unless this maximum amount is increased by legislative rule promulgated in accordance with article three [§§ 29A-3-1 et seq.], chapter twenty- nine-a of this code. The administrative fees deducted shall be deposited in the special revolving fund hereby created in the State Treasury, which shall be designated as the Magistrate Fines and Fees Collection Fund, and the Tax Commissioner shall make such expenditures from the fund as he or she deems appropriate for the administration of this subsection.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	West Virginia	W. Va. Code § 62-4-17	Suspension of licenses for failure to pay fines and costs or failure to appear in court	(a) If costs, fines, forfeitures, penalties or restitution imposed by the circuit court upon conviction of a person for any criminal offense under this code are not paid in full when + See more ordered to do so by the court, the circuit clerk shall notify the Division of Motor Vehicles of such failure to pay: Provided, That at the time the judgment is imposed, the court shall provide the person with written notice that failure to pay the same when ordered to do so shall result in the suspension of such person’s license or privilege to operate a motor vehicle in this state and that such suspension could result in the cancellation of, the failure to renew or the failure to issue an automobile insurance policy providing coverage for such person or such person’s family: Provided, however, That the failure of the court to provide such notice shall not affect the validity of any suspension of such person’s license or privilege to operate a motor vehicle in this state. For purposes of this section, such period of time within which the person is required to pay shall be stayed during any period an appeal from the conviction which resulted in the imposition of such costs, fines, forfeitures or penalties is pending. Upon such notice, the Division of Motor Vehicles shall suspend the person’s driver’s license or privilege to operate a motor vehicle in this state until such time that the costs, fines, forfeitures or penalties are paid.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-18-114	Record and disbursement of wages; exemption from process; confidentiality of amount	(a) Wages earned by an inmate, parolee or offender while in an adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed + See more for the purposes provided in this subsection and in the order specified: (i) Personal necessities; (ii) Room and board to the program operator at a rate to be established by the department; (iii) Support of dependent relations; (iv) Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1-40-119, victims compensation obligations under W.S. 1-40-112(g) and the surcharge imposed under W.S. 7-13-1616; (v) Repealed by Laws 1999, ch. 62, § 2. (vi) Costs of health insurance; and (vii) Remaining funds shall be paid to the inmate, parolee or offender upon parole or final discharge. (b) Wages earned by offenders, other than parolees or inmates, while in a residential adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed only for the purposes and in the order specified in subsection (a) of this section unless otherwise ordered by the sentencing court. Any remaining funds shall be paid to the offender upon his satisfactory discharge from the program. Upon revocation of an offender's probation, the program operator shall forward any remaining funds to the court or to the institution to which the offender is sentenced as directed by the court. (c) Program operators shall keep an accurate record and account of all wages earned by inmates, parolees and offenders pursuant to the rules promulgated by the department. (d) The earnings of inmates under this act are not subject to garnishment, attachment or execution. (e) Information relating to the amount of wages earned by an inmate, parolee or offender in an adult community corrections program is confidential and is not subject to public inspection.	Wage/bank account garnishment	All	Yes

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