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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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

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a civil action.

Property liens Misdemeanor Yes
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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

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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
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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.

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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
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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,

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assessment, incarceration cost or surcharge a condition of probation.

Condition or extension of supervision All Yes
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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

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both:1. Completes a term of probation or receives an absolute discharge from imprisonment. 2. Pays any fine or restitution imposed.

Other All Yes
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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

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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
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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

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civil action.

Property liens All Yes
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North Dakota N.D. Cent. Code § 29-27-03 Judgment for imprisonment or as response to nonpayment of fine
If a judgment is for imprisonment, initially or as response to nonpayment of a fine in accordance with section 12.1-32-05, the defendant forthwith must be committed to the custody of
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the proper officer and be detained by that officer until the judgment is complied with.
Incarceration All Yes
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North Dakota N.D. Cent. Code § 12.1-32-08(1) Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation
An order that a defendant make restitution or reparation as a sentence or condition of probation may, unless the court directs otherwise, be filed, transcribed, and enforced by the person
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entitled to the restitution or reparation or by the division of adult services in the same manner as civil judgments rendered by the courts of this state may be enforced.
Other All Yes
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North Dakota N.D. Cent. Code § 12.1-32-08(2) Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation
When the restitution ordered by the court under subsection 1 is the result of a finding that the defendant issued a check or draft without sufficient funds or without an
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account, the court shall impose as costs the greater of the sum of ten dollars or an amount equal to twenty-five percent of the amount of restitution ordered. The costs imposed under this subsection, however, may not exceed one thousand dollars. The state-employed clerks of district court shall remit the funds collected as costs under this subsection to the state treasurer for deposit in the restitution collection assistance fund. The funds deposited into the restitution collection assistance fund are appropriated to the judicial branch on a continuing basis for the purpose of defraying expenses incident to the collection of restitution, including operating expenses and the compensation of additional necessary personnel. The state's attorneys and county-employed clerks of district court shall remit the funds collected as costs under this subsection to the county treasurer to be deposited in the county general fund.
Increased fine All Yes
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North Dakota N.D. Cent. Code § 29-07-01.1 Payment of expenses for defense of indigents--Reimbursement of indigent defense costs and expenses--Indigent defense administration fund--Continuing appropriation If the application fee is not paid before disposition of the case, the fee amount must be added to the amount to be reimbursed under this section. Increased fine All Yes
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Oklahoma Okla. Stat. tit. 22, § 1355.14D Payment of costs of representation--Fee schedule
Any order directing the defendant to pay costs of representation shall be a lien against all real and personal property of the defendant and may be filed against such property
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and foreclosed as provided by law for civil liens.
Property liens All Yes
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Oklahoma 22 Okl.St.Ann. § 456A Bench warrant, fee for issuance of
For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge
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and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Collection fee/interest All Yes
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Oklahoma 22 Okl.St.Ann. § 966A Bench warrant, fee for issuance of
For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge
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and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Collection fee/interest All Yes
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Oklahoma 28 Okl.St.Ann. § 101 Fees and costs in criminal cases part of penalty--Enforcement by imprisonment--Persons unable to pay
The fees herein provided for the clerk of the district court and the sheriff, as provided in this act, and all costs in the prosecution of all criminal actions shall,
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in case of conviction of the defendant, be adjudged a part of the penalty of the offense of which the defendant may be convicted, whether the punishment for such offense be either imprisonment, or fine, or both, and fixed either by the verdict of the jury, or judgment of the court, trying the case, and if the defendant shall refuse to pay the fine, fees or costs, the payment of such fees and costs, in addition to the payment of the fine assessed, shall be enforced by imprisonment until the same shall be satisfied at a rate of Twenty-five Dollars ($25.00) per day of such fees and costs, or fine, or both, or shall be satisfied at a rate of Fifty Dollars ($50.00) per day of such fees and costs, or fine, or both, should the defendant perform useful labor. If the defendant is without means to pay the fine, fees or costs, the total amount owed shall be entered upon the judgment docket and thereupon the same remedies shall be available for the enforcement of said judgment as are available to any other judgment creditor.The term “all costs in the prosecution of all criminal actions”, as used in this section, shall include only the following taxable items: 1. Court clerk's costs and fees authorized by statute; 2. Sheriff's fees; 3. Fees and mileage of witnesses; and 4. Cost deposits in the appellate court, whether on appeal, in an original proceeding or in any postconviction challenge, if waived on the basis of a pauper's affidavit.
Incarceration All Yes
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Oklahoma Okla. Stat. tit. 57, § 20 Credit on fine and costs--Credit for efficient work and good behavior
Every county, city or town convict in this state, whether required to work upon the public highways of the county, city or town, in accordance with the laws of this
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state, or merely confined in the county, city or town prison, shall receive credit upon his or her fine and costs of One Dollar ($1.00) for each day confined in prison, or worked upon the public highways, rock pile, or rock crusher, or public work; provided that those prisoners or convicts doing and performing the most efficient work and making the best prisoners, shall be entitled to an additional credit of one (1) day for every five (5) days of work, the custodian of the prison to determine at the end of each five (5) days of imprisonment whether or not the prisoner is entitled to such credit, and to make a record of the decision and notify the prisoner of the same.
Work program/jail industry program Misdemeanor Yes
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Oklahoma Okla. Stat. tit. 11, § 22-138 Municipal collection agency contracts
A governing body of a municipality that enters into a contract with a collection agency pursuant to this section may authorize the addition of a collection fee in an amount
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not to exceed thirty-five percent (35%) on each item described in subsection A of this section that has been referred by the municipality to the collection agency for collection. If a municipality enters into such contract with a collection agency and authorizes the collection fee, the court shall order defendants to reimburse the fee arising pursuant to paragraph 2 of subsection A of this section and such court-ordered fee may be collected as provided by law for the collection of any other civil debt or criminal action.
Collection fee/interest All Yes
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Oklahoma Okla. Stat. tit. 57, § 58.3 Sentence and fine or cost credits for prisoner labor
Prisoners employed as provided herein shall be given a credit of two (2) days on a jail sentence for each day worked, and a credit of Fifty Dollars ($50.00) per
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day upon the payment of a fine or court cost, if sentenced for nonpayment of a fine or court cost. The sheriff shall be authorized to order the credit be given to the prisoner on the records of the court where the conviction of the prisoner is filed.
Work program/jail industry program All Yes