50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
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See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
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- Civil judgment (1)
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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.
22 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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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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Kentucky | Ky. Rev. Stat. Ann. § 532.160(1) | Criminal garnishment |
(1) If a convicted person is unable to pay all court costs, fees, fines, and other monetary penalties at the time of sentencing, then the sentencing court may, consistent with KRS 23A.205, 24A.175, 534.020, and KRS 534.060, issue a criminal garnishment order for all fines under KRS Chapter 534 or KRS 49.480 and for court costs, restitution, and reimbursement charges in this chapter.
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Wage/bank account garnishment | All | No |
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Mississippi | Miss. Code Ann. § 99-37-5(2) | Payment and orders |
(2) When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the + See morecourt may make payment of the fine or costs or the making of restitution a condition of probation or suspension of sentence. Such offenders shall make restitution payments directly to the victim. As an alternative to a contempt proceeding under Sections 99-37-7 through 99-37-13, the intentional refusal to obey the restitution order or a failure by a defendant to make a good faith effort to make such restitution may be considered a violation of the defendant's probation and may be cause for revocation of his probation or suspension of sentence.
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Condition or extension of supervision | All | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 9728(b)(5) | Collection - procedure |
The county correctional facility to which the offender has been sentenced or the Department of Corrections shall be authorized to make monetary deductions from inmate personal accounts for the purpose + See moreof collecting restitution or any other court-ordered obligation or costs imposed
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Wage/bank account garnishment | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.751(a)(8)-(9) | Basic Discretionary Conditions |
The judge of the court having jurisdiction of the case shall determine the conditions of community supervision. The judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. Conditions of community supervision may include conditions requiring the defendant to:
(8) pay in one or more amounts: (A) the defendant’s fine, if one is assessed; and (B) all court costs, regardless of whether a fine is assessed; (9) support the defendant’s dependents |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.607 | Disposition of Salary |
If a defendant who is required as a condition of community supervision to serve a term of confinement under this subchapter is not required by the judge to deliver the defendant’s salary to the restitution center director, the employer of the defendant shall deliver the salary to the director. The director shall deposit the salary into a fund to be given to the defendant on release after the director deducts:
(1) the cost to the center for the defendant’s food, housing, and supervision; (2) the necessary expense for the defendant’s travel to and from work and community service projects, and other incidental expenses of the defendant; (3) support of the defendant’s dependents; and (4) restitution to the victims of an offense committed by the defendant |
Wage/bank account garnishment | All | Yes |
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Texas | Tex. Code Crim. Proc. Art. 42A.652(b) | Monthly Reimbursement Fee |
The judge may make payment of the monthly fee a condition of granting or continuing the community supervision. |
Condition or extension of supervision | All | No |
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Texas | Tex. Gov't Code Sec. 501.014(a),(e)(2),(4)-(6) | Inmate Money |
(a) The department shall take possession of all money that an inmate has on the inmate’s person or that is received with the inmate when the inmate arrives at a facility to be admitted to the custody of the department and all money the inmate receives at the department during confinement and shall credit the money to an account created for the inmate . . .
(e) On notification by a court, the department shall withdraw from an inmate’s account any amount the inmate is ordered to pay by order of the court under this subsection. On receipt of a valid court order requiring an inmate to pay child support, the department shall withdraw the appropriate amount from the inmate’s account under this subsection, regardless of whether the court order is provided by the court or another person. The department shall make a payment under this subsection as ordered by the court to either the court or the party specified in the court order. The department is not liable for withdrawing or failing to withdraw money or making payments or failing to make payments under this subsection. The department shall make withdrawals and payments from an inmate’s account under this subsection according to the following schedule of priorities: . . . (2) as payment in full for all orders for restitution . . . (4) as payment in full for all orders for court fees and costs; (5) as payment in full for all orders for fines; and (6) as payment in full for any other court order, judgment, or writ. |
Wage/bank account garnishment | All | Yes |
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Texas | Tex. Code Crim. Proc. Art. 42A.702(a)(2)-(3),(b)-(c) | Time Credits for Completion of Certain Conditions of Community Supervision |
(a) This article [time credit] applies only to a defendant who: (2) is not delinquent in paying required costs, fines, or fees; and (3) has fully satisfied any order to pay restitution to a victim.
(b) A defendant described by Subsection (a) is entitled to receive any combination of time credits toward the completion of the defendant’s period of community supervision in accordance with this article if the court ordered the defendant as a condition of community supervision to: (1) make a payment described by Subsection (c); (2) complete a treatment or rehabilitation program described by Subsection (d); or (3) earn a diploma, certificate, or degree described by Subsection (e). (c) A defendant is entitled to time credits toward the completion of the defendant’s period of community supervision for the full payment of court costs, fines, attorney’s fees, and restitution. |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.607 | Disposition of Salary |
If a defendant who is required as a condition of community supervision to serve a term of confinement under this subchapter is not required by the judge to deliver the defendant’s salary to the restitution center director, the employer of the defendant shall deliver the salary to the director. The director shall deposit the salary into a fund to be given to the defendant on release after the director deducts: (1) the cost to the center for the defendant’s food, housing, and supervision; (2) the necessary expense for the defendant’s travel to and from work and community service projects, and other incidental expenses of the defendant; (3) support of the defendant’s dependents; and (4) restitution to the victims of an offense committed by the defendant.
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Wage/bank account garnishment | All | Yes |
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Texas | Tex. Code Crim. Proc. Art. 42A.701(b) | Reduction or Termination of Community Supervision Period |
On completion of one-half of the original community supervision period or two years of community supervision, whichever is more, the judge shall review the defendant's record and consider whether to reduce or terminate the period of community supervision, unless the defendant:(1) is delinquent in paying required costs, fines, fees, or restitution that the defendant has the ability to pay.
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Condition or extension of supervision | All | No |
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Texas | Tex. Gov't. Code § 76.015(c) | Reimbursement Fee |
(c) A department may assess a reasonable reimbursement fee of not less than $25 and not more than $60 per month on an individual who participates in a program operated by the department or receives services from the department and who is not paying a monthly reimbursement fee under Article 42A.652, Code of Criminal Procedure.
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Condition or extension of supervision | All | No |
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Texas | Tex. Gov't. Code § 76.017(e) | Treatment Alternative to Incarceration Program |
(e) A department may contract for the provision of treatment services. The department may pay for services only if other adequate public or private sources of payment are not available. A person is responsible for the payment of any treatment program recommended under this section if it is determined that a person referred for treatment is able to pay for the costs of treatment or if the person has insurance that will pay for the treatment. If a person is able to pay for treatment or if the person has insurance that will pay for the treatment, the payment may be made a condition for receiving treatment.
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Condition or extension of supervision | All | No |
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Texas | Tex. Gov't. Code § 103.021 | Additional Fees and Costs in Criminal or Civil Cases: Code of Criminal Procedure |
An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Code of Criminal Procedure if ordered by the court or otherwise required:
(2) cost of electronic monitoring as a condition of release on personal bond (Art. 17.43, Code of Criminal Procedure) ... actual cost; (3-a) costs associated with operating a global positioning monitoring system as a condition of release on bond (Art. 17.49(b)(2), Code of Criminal Procedure) ... actual costs, subject to a determination of indigency; (5) reimbursement to general revenue fund for payments made to victim of an offense as condition of community supervision (Art. 42A.301(17), Code of Criminal Procedure) ... not to exceed $50 for a misdemeanor offense or $100 for a felony offense; (10) additional community supervision fee for certain offenses (Art. 42A.653(a), Code of Criminal Procedure) ... $5 per month; |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 17.43(b) | Home curfew and electronic monitoring as condition |
(b) Cost of monitoring may be assessed as reimbursement fees or ordered paid directly by the defendant as a condition of bond. |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 17.44(c),(e) | Home confinement, electronic monitoring, and drug testing as condition |
(c) The magistrate may revoke the bond and order the defendant arrested if the defendant: (1) violates a condition of home confinement and electronic monitoring; (3) fails to pay the reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered.
(e) The cost of electronic monitoring or testing for controlled substances under this article may be assessed as a reimbursement fee or ordered paid directly by the defendant as a condition of bond. |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 17.441(d) | Conditions requiring motor vehicle ignition interlock |
(d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device. If the magistrate designates an agency under this subsection, in each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a fee to the designated agency in the amount set by the magistrate. The defendant shall pay the initial fee at the time the agency verifies the installation of the device. In each subsequent month during which the defendant is required to pay a fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service. The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost incurred by the designated agency in conducting the verification or providing the monitoring service, as applicable in that county.
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Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42.035(c),(e) | Electronic monitoring; house arrest |
(c) The court may require the defendant to pay to the community supervision and corrections department or the county any reasonable cost incurred because of the defendant's participation in the house arrest program, including the cost of electronic monitoring.
(e) A court may revoke a defendant's participation in an electronic monitoring program and require the defendant to serve the remainder of the defendant's sentence of confinement in county jail if the defendant violates a condition imposed by a court under this article, including a condition requiring the defendant to pay for participating in the program under Subsection (c). |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.651(a) | Payment as Condition of Community Supervision |
(a) A judge may not order a defendant to make a payment as a term or condition of community supervision, except for: restitution to the victim;
(2) reimbursement of a county as described by Article 42A.301(b)(11) ; or (3) a payment ordered as a condition that relates personally to the rehabilitation of the defendant or that is otherwise expressly authorized by law. |
Condition or extension of supervision | All | No |
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For more information, please visit cjpp.law.harvard.edu.