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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.
21 Results
| 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 a civil action.
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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 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.
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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. 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.
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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, assessment, incarceration cost or surcharge a condition of probation.
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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 both:1. Completes a term of probation or receives an absolute discharge from imprisonment. 2. Pays any fine or restitution imposed.
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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 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.
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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 civil action.
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Property liens | All | Yes |
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Iowa | Iowa Code § 909.5 | Nonpayment of fines and court costs — contempt |
A person who is able to pay a fine, court-imposed court costs for a criminal proceeding, or both, or an installment of the fine or the court-imposed court costs, or both, and who refuses to do so, or who fails to make a good faith effort to pay the fine, court costs, or both, or any installment thereof, shall be held in contempt of court.
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Incarceration | All | Yes |
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Iowa | Iowa Code § 665.4 | Contempts: Punishment |
The punishment for contempt, where not otherwise specifically provided, shall be: 1. In the supreme court or the court of appeals, by a fine not exceeding one thousand dollars or by imprisonment in a county jail not exceeding six months, or by both such fine and imprisonment.
2. Before district judges, district associate judges, and associate juvenile judges by a fine not exceeding five hundred dollars or imprisonment in a county jail not exceeding six months or by both such fine and imprisonment. 3. Before judicial magistrates, by a fine not exceeding one hundred dollars or imprisonment in a county jail not exceeding thirty days. |
Increased fine | All | Yes |
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Iowa | Iowa Code § 8A.504(d)(3),(2) | Setoff Procedures |
d. “Qualifying debt” includes, but is not limited to, the following: (3) Any debt which is in the form of a liquidated sum due, owing, and payable to the clerk of the district court.
2. Setoff procedure. The collection entity shall establish and maintain a procedure to set off against any claim owed to a person by a public agency any liability of that person owed to a public agency, a support debt being enforced by the child support recovery unit pursuant to chapter 252B, or such other qualifying debt. |
Wage/bank account garnishment | All | Yes |
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Iowa | Iowa Code § 910.4(1)(a)-(b) | Condition of probation — payment plan |
1. When restitution is ordered by the sentencing court and the offender is placed on probation, restitution shall be a condition of probation. a. Failure of the offender to comply with the plan of restitution, plan of payment, or community service requirements when community service is ordered by the court as restitution, shall constitute a violation of probation and shall constitute contempt of court.
b. If an offender fails to comply with restitution requirements during probation, the court may hold the offender in contempt, revoke probation, or extend the period of probation. |
Condition or extension of supervision | All | Yes |
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Iowa | Iowa Code § 910.5(4)(b) | Condition of work release or parole |
If an offender is to be placed on parole, restitution shall be a condition of parole. b. After the expiration of the offender’s sentence, the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.
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Incarceration | All | Yes |
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Iowa | Iowa Code § 910.7A | Judgment — enforcement. |
1. An order requiring an offender to pay restitution constitutes a judgment and lien against all property of a liable defendant for the amount the defendant is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property.
2. A judgment of restitution may be enforced by the state, a victim entitled under the order to receive restitution, a deceased victim’s estate, or any other beneficiary of the judgment in the same manner as a civil judgment. |
Property liens | All | Yes |
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Iowa | Iowa Code § 815.9(7)-(8) | Indigency determined — penalty |
7. When ordering payment of all or a portion of the total costs and fees incurred for legal assistance under subsection 6, the court may order payment of the costs and fees in reasonable installments as provided in section 909.3, or may order the entire amount due and payable. If any costs and fees are not paid at the time specified in the order of the court, a judgment shall be entered against the person for any unpaid amount. Such judgment may be enforced by the state in the same manner as a civil judgment.
8. If a person is granted an appointed attorney or has received legal assistance in accordance with this section and the person is employed, the person shall execute an assignment of wages. An order for assignment of income, in a reasonable amount to be determined by the court, shall be entered by the court. The state public defender shall prescribe forms for use in wage assignments and court orders entered under this subsection. |
Wage/bank account garnishment | All | Yes |
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Iowa | Iowa Code § 321.210A(1) | Suspension for failure to pay fine, surcharge, or costs |
1. The department shall suspend the driver’s license of a person who, upon conviction of violating a law regulating the operation of a motor vehicle, has failed to pay the criminal fine or penalty, surcharge, or court costs, as follows:
a. Upon the failure of a person to timely pay the fine, penalty, surcharge, or court costs the clerk of the district court shall notify the person by regular mail that if the fine, penalty, surcharge, or court costs remain unpaid after sixty days from the date of mailing, the clerk will notify the department of the failure for purposes of instituting suspension procedures. b. Upon the failure of a person to pay the fine, penalty, surcharge, or court costs within sixty days’ notice by the clerk of the district court as provided in paragraph “b”, the clerk shall report the failure to the department. c. Upon receipt of a report of a failure to pay the fine, penalty, surcharge, or court costs from the clerk of the district court, the department shall in accordance with its rules, suspend the person’s driver’s license until the fine, penalty, surcharge, or court costs are paid. |
Driver's license suspension/impoundment | Traffic | Yes |
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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 + See moreand to criminal littering; monetary . . .
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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, 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.
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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 have been successfully completed.
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Condition or extension of supervision | All | Yes |
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Pennsylvania | Pa. R. Crim. P. 142 | Procedures Governing Defaults in Payment of Fine Imposed as Punishment for Contempt; if found able to pay |
(A) If a contemnor defaults on the payment of a fine imposed as punishment for contempt pursuant to Rule 140(A)(1) and (B)(3), the issuing authority shall notify the contemnor in + See moreperson or by first class mail that within 10 days of the date on the default notice the contemnor must either: (1) pay the amount due as ordered, or (2) appear before the issuing authority to explain why the contemnor should not be imprisoned for nonpayment as provided by law, or a bench warrant for the contemnor's arrest shall be issued. (B) When the contemnor appears either in response to the paragraph (A)(2) notice or following an arrest with a warrant issued pursuant to paragraph (A), the issuing authority shall conduct a hearing to determine whether the contemnor is financially able to pay as ordered. (1) Upon a determination that the defendant is financially able to pay as ordered, the issuing authority may impose imprisonment for nonpayment, as provided by law. (2) Upon a determination that the contemnor is financially unable to pay as ordered, the issuing authority may order a schedule for installment payments. (C) A contemnor may appeal an issuing authority's determination pursuant to this rule by filing a notice of appeal within 30 days of the issuing authority's order. The appeal shall proceed as provided in Rule 141.
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Incarceration | All | Yes |
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Pennsylvania | Pa. R. Crim. P. 142 | Procedures Governing Defaults in Payment of Fine Imposed as Punishment for Contempt; if found unable to pay |
(A) If a contemnor defaults on the payment of a fine imposed as punishment for contempt pursuant to Rule 140(A)(1) and (B)(3), the issuing authority shall notify the contemnor in + See moreperson or by first class mail that within 10 days of the date on the default notice the contemnor must either: (1) pay the amount due as ordered, or (2) appear before the issuing authority to explain why the contemnor should not be imprisoned for nonpayment as provided by law, or a bench warrant for the contemnor's arrest shall be issued. (B) When the contemnor appears either in response to the paragraph (A)(2) notice or following an arrest with a warrant issued pursuant to paragraph (A), the issuing authority shall conduct a hearing to determine whether the contemnor is financially able to pay as ordered. (1) Upon a determination that the defendant is financially able to pay as ordered, the issuing authority may impose imprisonment for nonpayment, as provided by law. (2) Upon a determination that the contemnor is financially unable to pay as ordered, the issuing authority may order a schedule for installment payments. (C) A contemnor may appeal an issuing authority's determination pursuant to this rule by filing a notice of appeal within 30 days of the issuing authority's order. The appeal shall proceed as provided in Rule 141.
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Payment plan/installment plan | All | Yes |
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Pennsylvania | Pa. R. Crim. P. 430(B)(4) | Failure to respond to traffic citation |
(4) that failure to respond to the citation as provided above within the time specified:
(a) shall result in the issuance of + See morea summons when a violation of an ordinance or any parking offense is charged, or when the defendant is under 18 years of age, and in all other cases shall result in the issuance of a warrant for the arrest of the defendant; and
(b) shall result in the suspension of the defendant’s driver’s license when a violation of the Vehicle Code is charged;
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Driver's license suspension/impoundment | Traffic | Yes |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.