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

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.

13 Results

Export results to Excel

	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 534.020(3)(b),(4)	Methods of imposing fines; installment payment plan; determination of reason for defendant's default; show cause hearing; certain installment payments not to be reported as liquidated debt	(b) If the defendant fails to appear at the show cause hearing, the court may issue a warrant for the defendant's arrest. Any warrant for arrest issued for nonpayment of + See more court costs, fees, or fines pursuant to this subsection shall include a notice to the jailer that the defendant shall be released upon payment or completion of daily credit pursuant to KRS 534.070. (4) When a defendant is sentenced to pay court costs, fees, or fines, an alternative sentence of imprisonment that is to be served in the event the court costs, fees, or fines are not paid shall not be imposed at the same time. The response of a court to nonpayment shall be determined only after: (a) The court costs, fees, or fines have not been paid; and (b) 1. The show cause hearing has been held pursuant to subsections (2)(a) and (3)(a) of this section; or 2. The defendant has failed to appear at the show cause hearing as outlined in subsection (3)(b) of this section.	Other	All	No
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 534.070(1)	Incarceration for failure to pay fine or court costs or failure to appear in court; daily credit against fine or court costs for time served; application of partial payment	(1) A defendant who has been sentenced to jail for failure to pay court costs, fees, or fines or for failure to appear in court on a date set for + See more the sole purpose of addressing nonpayment of court costs, fees, or fines shall receive credit against the court costs, fees, or fines owed for each day the defendant spends in jail . . .	Incarceration	All	No
Add to Dashboard + Create New	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 more and 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, + See more 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 + Create New	Kentucky	Ky. Rev. Stat. Ann. § 534.020(1)	Methods of imposing fines; installment payment plan; determination of reason for defendant's default; show cause hearing; certain installment payments not to be reported as liquidated debt	When a defendant is sentenced to pay a fine, the court may provide for payment to be made within a specified period of time or in specified installments. If no + See more such provision is made a part of the sentence, then the fine shall be payable forthwith.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 31	Default Warrant for Failure to Pay — Additional Fees — Payment to Court's Administrative Office.	Whenever a court issues a default warrant solely due to the person’s failure to pay a fine, assessment, court cost, restitution, support payment or other amount as ordered by the + See more court or required by law, the court shall specify the amount owed, including an additional assessment of $50 which assessment may be waived by the court upon a finding of good cause or upon a finding that such an assessment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents, with a statement that the warrant against the person may be discharged upon payment of the amount and the assessment, if any, and shall note the same in the warrant management system. The administrative office of the trial court shall accept payment of such fine, assessment, court cost, restitution, support payment or other amount as ordered by the court, along with any assessment, to be remitted by mail, telephone or other electronic means, in any form deemed acceptable by the trial court. Upon receipt of payment, the warrant against the person shall be discharged, the discharge shall be noted in the warrant management system and the individual shall receive notice of the discharge within seven days.	Incarceration, Increased fine	All	Yes
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 32	Default Warrant for Failure to Pay — Additional Fees — Payment of Person Before Court.	Whenever a person, brought before a court, against whom an outstanding warrant was issued, solely due to the failure of the person brought before the court to pay a fine + See more assessment, court cost, restitution, support payment, or other amount, the court may accept payment of such amount and assess an additional fifty dollars which assessment may be waived by the court upon a finding of good cause and if the person is not being held on other process, the court may direct that the person be released from custody and shall notify the jurisdiction in which the warrant was issued of the payment and the assessment, if any. Upon notice of the release the court that issued the warrant shall recall the warrant and cause such information to be entered in the warrant management system.	Incarceration, Increased fine	All	No
Add to Dashboard + Create New	Massachusetts	Ma. Dist./Mun. Ct. R. Prob. Violation Rule 8(d)	Finding and disposition	After the court has entered a finding that a violation of probation has occurred, the court may order any of the following dispositions set forth below, as it deems appropriate. + See more These dispositional alternatives shall be the exclusive options available to the court. The court shall proceed to determine disposition promptly following the entry of a finding of violation. General continuances are prohibited. Awaiting the disposition of an underlying criminal charge shall not constitute such good cause for any continuance. In determining its disposition, the court shall give such weight as it may deem appropriate to the recommendation of the Probation Department, the probationer, and the District Attorney, if any, and to such factors as public safety; the circumstances of any crime for which the probationer was placed on probation; the nature of the probation violation; the occurrence of any previous violations; and the impact of the underlying crime on any person or community, as well as any mitigating factors. (i) Continuance of Probation. The court may decline to modify or revoke probation and, instead, issue to the probationer such admonition or instruction as it may deem appropriate. (ii) Termination. The court may terminate the probation order. (iii) Modification. The court may modify the conditions of probation. Such modification may include the addition of reasonable conditions and the extension of the duration of the probation order. (iv) Revocation, statement of reasons. The court may order that the order of probation be revoked. If the court orders revocation, it shall state the reasons therefor in writing.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	New Jersey	N.J. Stat. Ann. § 2B:12-23.1	Community Service	Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date + See more of the hearing or has failed to pay a previously imposed penalty, the court may order the person to perform community service in lieu of the payment of a penalty; or, order the payment of the penalty in installments for a period of time determined by the court. If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may: (1) reduce the penalty, suspend the penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty. b. For the purposes of this section, “penalty” means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c. 75 (C.39:4-97.2).	Payment plan/installment plan	All	No
Add to Dashboard + Create New	New Jersey	N.J. Stat. Ann. § 2C:46-2	Consequences of Nonpayment	When a defendant sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), a penalty imposed pursuant to section 11 of P.L.2001, c. 81 (C.2C:43-3.6), + See more a penalty imposed pursuant to section 1 of P.L.2005, c. 73 (C.2C:14-10), monthly probation fee, fine, a penalty imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5), other court-imposed financial obligations or to make restitution or pay child support or other support or maintenance ordered by a court defaults in the payment thereof or of any installment, upon the motion of the person authorized by law to collect the payment, the motion of the prosecutor, the motion of the victim entitled to payment of restitution, the motion of the Victims of Crime Compensation Office, the motion of the State or county Office of Victim and Witness Advocacy or upon its own motion, the court shall recall him, or issue a summons or a warrant of arrest for his appearance. The court shall afford the person notice and an opportunity to be heard on the issue of default. Failure to make any payment when due shall be considered a default. The standard of proof shall be by a preponderance of the evidence, and the burden of establishing good cause for a default shall be on the person who has defaulted. (1) If the court finds that the person has defaulted without good cause, the court shall: (a) Order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	New Jersey	N.J. Stat. Ann. § 2C:46-2	Consequences of Nonpayment	If the court finds that the person defaulted on payment of a court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court without good cause and finds + See more that the default was willful, the court may, in addition to the action required by paragraph (1) of this subsection a., impose a term of imprisonment or participation in a labor assistance program or enforced community service to achieve the objective of the court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court. These options shall not reduce the amount owed by the person in default. The term of imprisonment or enforced community service or participation in a labor assistance program in such case shall be specified in the order of commitment. It need not be equated with any particular dollar amount but, in the case of a fine it shall not exceed one day for each $50 of the fine nor shall it exceed a period of 90 consecutive days. In no case shall the total period of imprisonment in the case of a disorderly persons offense for both the sentence of imprisonment and for failure to pay a fine exceed six months.	Incarceration	All	No
Add to Dashboard + Create New	New Jersey	N.J. Stat. Ann. § 17:29A-35	Motor vehicle violations surcharges for private passenger automobiles	If, upon written notification from the commission or its designee, mailed to the last address of record with the commission, a driver fails to pay a surcharge levied under this section and + See more collectible by the commission, the driving privilege of the driver shall be suspended forthwith until at least five percent of each outstanding surcharge assessment that has resulted in suspension is paid to the commission; except that the commission may authorize payment of the surcharge on an installment basis over a period of 12 months for assessments under $2,300 or 24 months for assessments of $2,300 or more. The commission, for good cause, may authorize payment of any surcharge on an installment basis over a period not to exceed 36 months. If a driver fails to pay the surcharge or any installments on the surcharge, the total surcharge shall become due immediately, except as otherwise prescribed by rule of the commission.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	New Jersey	N.J. Stat. Ann. § 17:29A-35	Motor vehicle violations surcharges for private passenger automobiles	As an additional remedy, the commission may issue a certificate to the Clerk of the Superior Court stating that the person identified in the certificate is indebted under this surcharge + See more law in such amount as shall be stated in the certificate. The certificate shall reference the statute under which the indebtedness arises. Thereupon the clerk to whom such certificate shall have been issued shall immediately enter upon the record of docketed judgments the name of such person as debtor; the State as creditor; the address of such person, if shown in the certificate; the amount of the debt so certified; a reference to the statute under which the surcharge is assessed, and the date of making such entries. The docketing of the entries shall have the same force and effect as a civil judgment docketed in the Superior Court, and the commission shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken upon the recovery of a judgment in an action, but without prejudice to any right of appeal.		All	No
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 1.005	Credit card transactions for fees, security deposits, fines and other court-imposed obligations; rules	The Chief Justice of the Supreme Court or the presiding judge of any judicial district of this state may establish by rule a program to permit the use of credit + See more card transactions as security deposits, fines, assessments, restitution or any other court-imposed monetary obligation arising out of an offense. The program may also provide for the use of credit card transactions to pay for filing fees, response fees, certification fees and any other fees charged by the court. Any rules adopted pursuant to this section may provide for recovery from the person using the credit card of an additional amount reasonably calculated to recover any charge to the court by a credit card company resulting from use of the credit card.	Other	All	No

Poverty Penalties and Poverty Traps

Type of poverty penalty or poverty trap

Mandatory

Narrrow results

Level of Offense

Poverty Penalties and Poverty Traps

State

Keyword search

Reset

Type of poverty penalty or poverty trap

Mandatory

Narrrow results

Level of Offense