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.

22 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	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	Indiana	Ind. Code § 33-37-4-10	Itemized Fee Bills — Duty of Sheriff to Collect	(a) Not later than seventy-five (75) days after judgment is entered in an action, the clerk shall issue an itemized fee bill for the collection of fees that were charged + See more against the party in that action and that remain unpaid. The clerk shall present the fee bill for collection to the sheriff of a county in which the debtor party resides or in which the debtor party has property.(b) The sheriff shall do the following: (1) Collect the amount due under the fee bill. (2) Return the fee bill to the clerk not more than sixty (60) days after the day the fee bill was issued. (c) After presented to the sheriff, a fee bill has the effect of an execution and operates as a lien upon the real and personal property of the debtor. (d) A successor of an officer may issue fee bills for the fees of the officer's predecessors in office in the manner provided under this chapter. A clerk may issue the fee bills of the sheriff or the former sheriffs of the county in the same manner.	Property liens	All	Yes
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 9-30-11-3	Notice to Three - Time Violator	If it appears from the records of a court that has jurisdiction to enforce ordinances that regulate parking violations that three (3) judgments concerning a motor vehicle have not been + See more paid before the deadlines established by a statute, an ordinance, or a court order, the clerk of the court shall send a notice to the person who is the registered owner of the motor vehicle. The notice must inform the person of the following:(1) That the clerk will send a referral to the bureau if the judgments are not paid within thirty (30) days after a notice was mailed. (2) That the referral will result in the suspension of the motor vehicle's registration if the judgments are not paid.	Driver's license suspension/impoundment	Traffic	Yes
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 31	Default Warrant for Failure to Pay — Additional Fees — Payment to Court's Administrative Office.	Whenever a court issues a default warrant solely due to the person’s failure to pay a fine, assessment, court cost, restitution, support payment or other amount as ordered by the + See more court or required by law, the court shall specify the amount owed, including an additional assessment of $50 which assessment may be waived by the court upon a finding of good cause or upon a finding that such an assessment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents, with a statement that the warrant against the person may be discharged upon payment of the amount and the assessment, if any, and shall note the same in the warrant management system. The administrative office of the trial court shall accept payment of such fine, assessment, court cost, restitution, support payment or other amount as ordered by the court, along with any assessment, to be remitted by mail, telephone or other electronic means, in any form deemed acceptable by the trial court. Upon receipt of payment, the warrant against the person shall be discharged, the discharge shall be noted in the warrant management system and the individual shall receive notice of the discharge within seven days.	Incarceration, Increased fine	All	Yes
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 279, § 9	Sentence — Second Sentence for Non-Payment of Fine.	Except as provided in section one hundred and forty-six of chapter one hundred and twenty-seven, if a convict is sentenced to pay a fine in more than one case and + See more has been committed to a jail, house of correction or other prison or other correctional institution for refusing to pay such fine, the subsequent sentence shall take effect upon the expiration of the imprisonment under the former sentence.	Incarceration	All	Yes
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made + See more a good faith effort to pay such restitution.	Incarceration	All	Yes
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 30	Default Warrants — Warrant for Forfeiting or Defaulting on Bail Bond or Recognizance — Fees.	Any person arrested on a warrant issued because such person has forfeited or defaulted on his bail bond or recognizance or has been surrendered by a probation officer shall be + See more required by the court to pay a fee of $75 payable to the city or town in which such arrest was effected...	Collection fee/interest	All	Yes
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 27A	Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made + See more a good faith effort to pay such restitution.	Incarceration	Felony	Yes
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 29	Theft of Motor Vehicle; Owner’s Complaint or Information; Restitution by Defendants.	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made + See more a good faith effort to pay such restitution.	Incarceration	Felony	Yes
Add to Dashboard + Create New	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), + See more 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
Add to Dashboard + Create New	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), + See more 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
Add to Dashboard + Create New	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), + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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

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