50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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.
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See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
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Mandatory
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Level of Offense
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.
10 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Arkansas | Ark. Code Ann. § 5-26-401(d) | Nonsupport |
A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of a spouse or any person who is responsible for maintenance of a dependent child who states that nonsupport has taken place.
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Incarceration | All | Yes |
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Arkansas | Ark. Code Ann. § 5-26-414(c) | Order for Periodic Payments -- Release of Defendant on Own Recognizance |
Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended. |
Incarceration | All | Yes |
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Arkansas | Ark. Code Ann. § 16-98-304(b) | Cost and Fees |
(1)The drug court judge shall establish a schedule for the payment of costs and fees. . . (7) Court orders for costs and fees shall remain an obligation of the offender with court monitoring until fully paid.
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Payment plan/installment plan | All | Yes |
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Arkansas | Ark. Code Ann. § 16-98-304(b) | Cost and Fees |
(b)(1) The drug court judge shall establish a schedule for the payment of costs and fees. . . (7) Court orders for costs and fees shall remain an obligation of the offender with court monitoring until fully paid
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Condition or extension of supervision | All | Yes |
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Arkansas | Ark. Code Ann. § 5-4-204(b) | Collection After Default |
A judgment that the defendant pay a fine or costs constitutes a lien on the real property and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action.
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Property liens | All | Yes |
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Arkansas | Ark. Code Ann. § 16-92-101(a) | Costs and Fees -- Defendant's Property Bound From Time of Arrest |
The property, both real and personal, of any person charged with a criminal offense shall be bound from the time of his or her arrest or the finding of an indictment against him or her, whichever shall first happen, for the payment of all fines and costs which he or she may be adjudged to pay. However, no such lien shall be enforced unless the county judge of the county in which the judgment is rendered on the criminal charge shall file, or cause to be filed, with the circuit clerk of the county in which the person may own property, and within six (6) months after the rendition of judgment against the person, a notice of lis pendens as provided for in §§ 16-59-101 -- 16-59-105, 16-59-107, and 16-66-402 and shall cause suit to be instituted to enforce the lien within two (2) years after the date of the filing of the notice.
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Property liens | All | Yes |
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Arkansas | A.C.A. § 16-13-708 | Revocation of Registration or License |
The court may certify in writing to the Department of Finance and Administration that a debtor has failed to make satisfactory arrangements for the payment of fines and request the department to revoke, suspend, or refuse to renew the debtor's motor vehicle registration or driver's license.
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Driver's license suspension/impoundment | All | Yes |
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Maine | Me. Rev. Stat. tit 17-A § 1710 | Modification of payment of fine |
If a convicted person who has been sentenced to pay a fine is in danger of default, that person shall move the court for a modification of time or method of payment to avoid a default. The court may modify its prior order to allow additional time for payment or to reduce the amount of each installment.
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Payment plan/installment plan | All | Yes |
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Maine | Me. Rev. Stat. tit 17-A § 2007(1) | Restitution: Income withholding order |
When restitution is required of an offender who will not be commencing service of a period of institutional confinement, who does not receive a sentence that includes a period of probation and who is employed, the court shall, at the time of ordering restitution, enter a separate order for income withholding. When restitution is required of an offender who receives a sentence that includes a period of probation and who is employed, upon application of the offender's probation officer, the court shall enter a separate order for income withholding. The withholding order must direct the employer to deduct from all income due and payable to the offender an amount determined pursuant to section 1326-A to meet the offender's restitution obligation. The withholding order must include an instruction to the employer that upon receipt of a copy of the withholding order the employer shall: A. Immediately begin to withhold the offender's income when the offender is usually paid; B. Send each amount withheld to the agency to which restitution has been ordered to be paid at the address set forth in the order within 7 business days of the withholding; and C. Identify each amount sent to the agency by indicating the court's docket number.
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Wage/bank account garnishment | All | Yes |
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Maine | Me. Rev. Stat. tit 29-A § 2608 | Suspension for failure to appear, answer or pay a fine in a traffic infraction offense |
If a person fails to answer in any traffic infraction proceeding under Title 23, section 1980 or any traffic infraction provision of this Title by the date specified in the Violation Summons and Complaint, fails to appear for trial or pay a fine assessed in any traffic infraction proceeding, the clerk shall suspend the person's license or permit, right to operate a motor vehicle in this State and the right to apply for or obtain a license or permit.
If a person who is not an individual fails to appear, answer or pay a fine in a traffic infraction proceeding, the clerk shall suspend the registration of the motor vehicle involved in the offense or that person's right to operate that vehicle in the State. |
Driver's license suspension/impoundment | Traffic | Yes |
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