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.

21 Results

Export results to Excel

State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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.

Incarceration All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
the plan of restitution ordered by the court shall constitute contempt of court.

Incarceration All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 774.28 Neglecting to pay fine or costs; action by county treasurer; neglecting to pay over fine to county treasurer as misdemeanor; punishment; judge to keep exact record of proceedings; liability.
(1) If a person who has received a fine or costs or any part of a fine or costs, neglects to pay the money pursuant to section 22 or 26
+ See more
of this chapter, the county treasurer immediately shall commence an action for the unpaid amount, in the name of the people of this state, and shall prosecute the case diligently to effect. (2) A person who neglects to pay over a fine to the county treasurer within 60 days after receiving the fine, is guilty of a misdemeanor and shall be punished by a fine of not less than $50.00 nor more than $100.00, or imprisonment for not less than 30 nor more than 90 days, or both.
Increased fine All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 780.73 Credit for incarceration on bailable offense
Any person incarcerated on a bailable offense who does not supply bail and against whom a fine is levied on conviction of such offense shall be allowed a credit of
+ See more
$5.00 for each day so incarcerated prior to conviction except that in no case shall the amount so allowed or credited exceed the amount of the fine.
Incarceration All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 780.796(b)(1)-(3) Deductions and payments - juvenile
(1) If a juvenile who has been sentenced to the department of corrections is ordered to pay restitution under section 44, and if the juvenile receives more than $50.00 in
+ See more
a month, the department of corrections shall deduct 50% of the amount over $50.00 received by the juvenile for payment of the restitution. The department of corrections shall promptly send the deducted money to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the juvenile is paroled, transferred to community programs, or discharged on the maximum sentence. (2) If a juvenile who has been sentenced to jail is ordered to pay restitution under section 44, and if the juvenile receives more than $50.00 in a month, the sheriff may deduct 50% of the amount over $50.00 received by the juvenile for payment of the restitution, and 5% of the amount over $50.00 received by the juvenile to be retained by the sheriff as an administrative fee. The sheriff shall promptly send the money deducted for restitution to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the juvenile is released to probation or discharged on the maximum sentence. (3) If a juvenile who has been placed in a juvenile facility is ordered to pay restitution under section 44, and if the juvenile receives more than $50.00 in a month, the department of human services or the county juvenile agency, as applicable, may deduct 50% of the amount over $50.00 received by the juvenile for payment of the restitution. The department of human services or the county juvenile agency, as applicable, shall promptly send the deducted money to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the juvenile is released from the juvenile facility.
Wage/bank account garnishment All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 769.4 Conditional sentence
The person against whom any such conditional sentence shall be awarded, shall be forthwith committed to the custody of an officer in court or to the county jail, to be
+ See more
detained until the sentence be complied with; and if he shall not pay the fine within the time limited, the sheriff shall cause the other part of the sentence to be executed forthwith.
Incarceration All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Court Rule 3.606 Contempts Outside Immediate Presence of Court
(A) Initiation of Proceeding. For a contempt committed outside the immediate view and presence of the court, on a proper showing on ex parte motion supported by affidavits, the court
+ See more
shall either (1) order the accused person to show cause, at a reasonable time specified in the order, why that person should not be punished for the alleged misconduct; or (2) issue a bench warrant for the arrest of the person. . . . (D) Assignment of Bond; Damages. The court may order assignment of the bond to an aggrieved party who is authorized by the court to prosecute the bond under MCR 3.604(H). The measure of the damages to be assessed in an action on the bond is the extent of the loss or injury sustained by the aggrieved party because of the misconduct for which the order for arrest was issued, and that party's costs and expenses in securing the order. The remainder of the penalty of the bond is paid into the treasury of the county in which the bond was taken, to the credit of the general fund.
Incarceration All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 769.1a(13) Restitution - lien
An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the
+ See more
defendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien.
Property liens All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 780.826(13) Order of restitution
An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the
+ See more
defendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive restitution in the same manner as a judgment in a civil action or a lien.
Property liens Misdemeanor Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 780.826(15) Offsetting tax refunds
In each case in which payment of restitution is ordered as a condition of probation, the court shall order any employed defendant to make regularly scheduled restitution payments. If the
+ See more
defendant misses 2 or more regularly scheduled payments, the court shall order the defendant to execute a wage assignment to pay the restitution. The probation officer assigned to the case shall review the case not less than twice yearly to ensure that restitution is being paid as ordered. If the restitution was ordered to be made within a specific period of time, the probation officer assigned to the case shall review the case at the end of the specific period of time to determine if the restitution has been paid in full. The final review shall be conducted not less than 60 days before the probationary period expires. If the probation officer determines at any review that restitution is not being paid as ordered, the probation officer shall file a written report of the violation with the court on a form prescribed by the state court administrative office or shall petition the court for a probation violation. The report or petition shall include a statement of the amount of the arrearage and any reasons for the arrearage known by the probation officer. The probation officer shall immediately provide a copy of the report or petition to the prosecuting attorney. If a petition or motion is filed or other proceedings are initiated to enforce payment of restitution and the court determines that restitution is not being paid or has not been paid as ordered by the court, the court shall promptly take action necessary to compel compliance.
Wage/bank account garnishment Misdemeanor Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 257.907(11) Restitution by defendant convicted of misdemeanor
If a person fails to comply with an order or judgment issued under this section within the time prescribed by the court, the driver's license of that person shall be
+ See more
suspended under section 321a until full compliance with that order or judgment occurs. In addition to this suspension, the court may also proceed under section 908.
Driver's license suspension/impoundment All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 324.48740(3) Probation; conditions
If a defendant fails to pay the sums forfeited for a violation of subsection (1), upon conviction, the court shall either impose a sentence of probation, and as a condition
+ See more
of sentence require the defendant to satisfy the forfeiture in the amount prescribed and fix the manner and time of payment, or make a written order permitting the defendant to pay the forfeited sums in installments at the times and in the amounts as the court determines the defendant is able to pay.
Misdemeanor Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 324.40119(7) Illegal killing, possessing, purchasing, or selling of game or protected animals; restitution; value of animal; order; default in payment; collection
(7) If a defendant fails to pay upon conviction the sum ordered by the court to be forfeited, the court shall either impose a sentence and, as a condition of
+ See more
the sentence, require the defendant to satisfy the forfeiture in the amount prescribed and fix the manner and time of payment, or make a written order permitting the defendant to pay the sum to be forfeited in installments at those times and in those amounts that, in the opinion of the court, the defendant is able to pay.
Payment plan/installment plan Misdemeanor Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 324.40119(8) Illegal killing, possessing, purchasing, or selling of game or protected animals; restitution; value of animal; order; default in payment; collection
(8) If a defendant defaults in payment of the sum forfeited or of an installment, the court on motion of the department or upon its own motion may require the
+ See more
defendant to show cause why the default should not be treated as a civil contempt, and the court may issue a summons or warrant of arrest for his or her appearance. Unless the defendant shows that the default was not due to an intentional refusal to obey the order of the court or to a failure to make a good-faith effort to obtain the funds required for the payment, the court shall find that the default constitutes a civil contempt.
Payment plan/installment plan Misdemeanor Yes