Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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.
Every law can be saved to the Reform Builder
See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
State
- Alabama (3)
- Alaska (5)
- Arizona (6)
- Arkansas (7)
- California (1)
- Colorado (3)
- Connecticut (7)
- (-) Delaware (4)
- Florida (47)
- Georgia (4)
- Hawaii (1)
- Idaho (3)
- (-) Illinois (6)
- Indiana (1)
- Iowa (7)
- Kansas (2)
- (-) Kentucky (2)
- Louisiana (2)
- Maine (2)
- Maryland (0)
- Massachusetts (4)
- Michigan (13)
- Minnesota (0)
- Mississippi (5)
- Missouri (1)
- Montana (4)
- Nebraska (3)
- Nevada (4)
- New Hampshire (3)
- New Jersey (7)
- New Mexico (1)
- New York (9)
- North Carolina (5)
- (-) North Dakota (4)
- Ohio (5)
- Oklahoma (7)
- Oregon (3)
- (-) Pennsylvania (2)
- Rhode Island (3)
- South Carolina (19)
- South Dakota (3)
- Tennessee (8)
- Texas (5)
- Utah (4)
- Vermont (1)
- Virginia (17)
- Washington (5)
- Washington DC (1)
- West Virginia (2)
- Wisconsin (1)
- Wyoming (5)
Keyword search
Reset
Reset all filtersType of poverty penalty or poverty trap
- Civil judgment (0)
- Collection fee/interest (2)
- Community service (0)
- Condition or extension of supervision (5)
- Driver's license suspension/impoundment (1)
- Extension of probation/supervision (0)
- Incarceration (3)
- Increased fine (3)
- Other (1)
- Payment plan/installment plan (1)
- Property liens (1)
- Wage/bank account garnishment (1)
- Work program/jail industry program (0)
Mandatory
Narrrow results
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.
18 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
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 + See morethe proper officer and be detained by that officer until the judgment is complied with.
|
Incarceration | All | Yes |
|
Add to Dashboard
|
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 + See moreentitled 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 |
|
Add to Dashboard
|
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 + See moreaccount, 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 |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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.
|
Incarceration | All | Yes |
|
Add to Dashboard
|
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.
|
Payment plan/installment plan | All | Yes |
|
Add to Dashboard
|
Delaware | 4 Del. C. § 902 | Offenses Carrying Penalty of Fine of $500 to $1,000 or Imprisonment for 3 to 6 Months on Failure to Pay Fine |
In addition to payment of costs, be fined not less than $500 nor more than $1,000, and, on failure to pay such fine and costs, shall be imprisoned not less than 3 nor more than 6 months. Justices of the peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this section.
|
Incarceration | Misdemeanor | Yes |
|
Add to Dashboard
|
Delaware | 10 Del. C. § 8709 | Neglect or Refusal to Pay Fees; Penalty |
Whoever neglects or refuses to pay the fees provided for in §§ 8707 and 8708 of this title, for any service performed within 10 days after written demand from the officer to whom such fees are due, shall be fined $ 10 besides costs of suit.
|
Increased fine | All | Yes |
|
Add to Dashboard
|
Delaware | 11 Del. C. § 4104(a)(3) | Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment |
(a) When a court imposes a fine, costs or restitution upon a defendant, the court or justice of the peace may direct as follows: . . . (3) Where the defendant is sentenced to a period of probation as well as fine, costs or restitution that payment of the fines, costs or restitution shall be a condition of the probation.
|
Condition or extension of supervision | All | Yes |
|
Add to Dashboard
|
Delaware | 21 Del. C. § 2732(b) | Mandatory Revocation or Suspension of License or Refusal to Renew or Issue a Duplicate License |
Upon receiving a record of the failure of a convicted person to pay a fine, costs or both as described in § 2731(b) of this title, or to timely complete a course of instruction pursuant to § 4175A or § 4177D of this title, the Department or its successor, shall: (1) If the convicted person is a resident of this State, forthwith suspend the convicted person's license until the fine, costs or both have been paid, or the court finds that the person has completed the necessary course of instruction and paid all applicable fees; and (2) If the convicted person is a nonresident of this State, forthwith suspend the convicted person's driving privileges in this State and immediately advise the Motor Vehicle Administrator of the state wherein the convicted person is a resident that the convicted person has failed to pay a fine, costs or both, or to timely complete a course of instruction pursuant to § 4175A or § 4177D of this title, and requesting that the convicted person's license to drive be suspended until the fine, costs or both have been paid, or the court finds that the person has completed the necessary course of instruction and paid all applicable fees.
|
Driver's license suspension/impoundment | All | Yes |
|
Add to Dashboard
|
Illinois | 730 Ill. Comp. Stat. 5/5-6-3(a)(7) | Conditions of probation and of conditional discharge |
(7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this paragraph (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this paragraph (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or high school equivalency testing if a fee is charged for those courses or testing.
|
Condition or extension of supervision | All | Yes |
|
Add to Dashboard
|
Illinois | 730 Ill. Comp. Stat. 5/5-6-3(i) | Conditions of probation and of conditional discharge |
(i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee.
|
Condition or extension of supervision | All | Yes |
|
Add to Dashboard
|
Illinois | 730 ILCS 5/5-6-3(b)(10)(iv) | Conditions of probation and of conditional discharge |
(iv) for persons convicted of any alcohol, cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be.
|
Condition or extension of supervision | All | Yes |
|
Add to Dashboard
|
Illinois | 725 Ill. Comp. Stat. 5/124A-10 | Lien |
The property, real and personal, of a person who is convicted of an offense shall be bound, and a lien is created on the property, both real and personal, of every offender, not exempt from the enforcement of a judgment or attachment, from the time of finding the indictment at least so far as will be sufficient to pay the fine and costs of prosecution.
|
Property liens | All | Yes |
|
Add to Dashboard
|
Illinois | 730 Ill. Comp. Stat. 5/5-9-3(e) | Fines: Default |
An additional fee of 30% of the delinquent amount and each taxable court cost including, without limitation, costs of service of process, shall be charged to the offender for any amount of the fine, fee, cost, restitution, or judgment of bond forfeiture or installment of the fine, fee, cost, restitution, or judgment of bond forfeiture that remains unpaid after the time fixed for payment of the fine, fee, cost, restitution, or judgment of bond forfeiture by the court.
|
Collection fee/interest | All | Yes |
|
Add to Dashboard
|
Illinois | 730 Ill. Comp. Stat. 5/5-9-3(e) | Fines: Default |
A default in payment of a fine, fee, cost, restitution, or judgment of bond forfeiture shall draw interest at the rate of 9% per annum. |
Collection fee/interest | All | Yes |
|
Add to Dashboard
|
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 . . .
|
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.
|
Wage/bank account garnishment | All | Yes |
|
Add to Dashboard
|
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.
|
Condition or extension of supervision | All | 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.