Data Explorer: Enforcement Mechanisms | 50 State Criminal Justice Debt Tool

Poverty Penalties and Poverty Traps

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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.

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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	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. § 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	Tennessee	Tenn. Code Ann. § 41-2-129(b)(4)	Compensation and salaries; work release	(4) If the prisoner is gainfully self-employed, the prisoner shall pay for such board, in default of which the prisoner's privilege under §§ 41-2-127 -- 41-2-132 shall be automatically forfeited.	Other	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 41-2-128(5)	Prisoners who may apply for release -- Procedure.	(5) (A) The judge shall, at the time of sentencing, cause the sentencing order to reflect the defendant's cost of incarceration and treatment and shall affix to the order, + See more taking into consideration the defendant's ability to pay, the time and manner in which the costs are to be paid. The court shall enter the necessary orders requiring that the costs of incarceration and treatment be paid or secured, including, but not limited to, orders of probation that include, as a condition thereof, the payment of costs covered by this subdivision (c)(5).	Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-104(b)	Revocation of Driver's License	Whenever a court orders a defendant to pay a fine, imposed as a result of a traffic violation, in installment payments, the court shall revoke the defendant's privilege to operate + See more a motor vehicle in this state upon the failure of the defendant to comply with the order of the court. If the defendant's privilege to operate a motor vehicle has been revoked for the failure to comply with the court order, the privilege shall remain so revoked until the total amount of the fine imposed is paid.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-105(b)	Collection; fines, costs and litigation taxes; license revocation	A license issued under title 55 for any operator or chauffeur shall be revoked by the commissioner of safety if the licensee has not paid all litigation taxes, court costs, + See more and fines assessed as a result of disposition of any offense under the criminal laws of this state within one (1) year of the date of disposition of the offense. The license shall remain revoked until such time as the person whose license has been revoked provides proof to the commissioner of safety that all litigation taxes, court costs, and fines have been paid.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-105(d)(2)	Collection; fines, costs and litigation taxes; license revocation	On or after January 1, 2015, if an agent is used, the agent's collection fee shall be added to the total amount owed. The agent's collection fee shall not exceed + See more forty percent (40%) of any amounts actually collected. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to forty percent (40%) may be withheld for the collection agent, with the remainder being allocated according to the formula.	Collection fee/interest	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-4-106	Fines and Costs	On conviction, the offender shall immediately pay the fine and costs, or give security to pay them, or be imprisoned until they are paid. The fine and costs, if paid + See more before execution, shall be paid to the clerk; if paid after execution, to the officer having the execution.	Incarceration	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 41-2-111	Hard labor; good time credit; disciplinary review boards	(a) In all cases where a person is by law liable to be imprisoned in the county jail for punishment or for failure to pay a fine, that person shall + See more be sentenced to be confined, and shall be confined, at hard labor in the county workhouse until the expiration of the sentence of imprisonment or, subject to the limitations imposed by § 40-24-104, until the fine has been worked out, paid or secured to be paid.	Work program/jail industry program	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 41-3-104	Fines and costs; payment	If a prisoner is confined for failure to pay a fine and costs, the prisoner shall be detained until the fine and costs, except litigation tax, have been paid by + See more the proceeds of the prisoner's labor.	Work program/jail industry program	All	Yes

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