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

Poverty Penalties and Poverty Traps

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	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. § 441.265(3),(5)-(7)	Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods	(3) The jailer or his designee may bill and attempt to collect any amount owed which remains unpaid. The governing body of the county may, upon the advice of the + See more jailer, contract with one (1) or more public agencies or private vendors to perform this billing and collection. Within twelve (12) months after the date of the prisoner's release from confinement, the county attorney, jailer, or the jailer's designee, may file a civil action to seek reimbursement from that prisoner for any amount owed which remains unpaid . . . (6) Payment of any required fees may be automatically deducted from the prisoner's property or canteen account. If the prisoner has no funds in his account, a deduction may be made creating a negative balance. If funds become available or if the prisoner reenters the jail at a later date, the fees may be deducted from the prisoner's property or canteen account. (7) Prior to the prisoner's release, the jailer or his designee may work with the confined prisoner to create a reimbursement plan to be implemented upon the prisoner's release. At the end of the prisoner's incarceration, the prisoner shall be presented with a billing statement produced by the jailer or designee. After the prisoner's release, the jailer or his designee may, after negotiation with the prisoner, release the prisoner from all or part of the prisoner's repayment obligation if the jailer believes that the prisoner will be unable to pay the full amount due.	Civil judgment	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-12-3(A),(C)	Paying fines, fees or costs in installments; community service option	A. Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against him, either in addition to or without a term of imprisonment, + See more may in the discretion of the court be allowed to pay such fine, fees or costs in installments of such amounts, at such times and upon such conditions as the court may fix. The defendant may also be required to serve a period of time in labor to be known as “community service” in lieu of all or part of the fine. If unable to pay the fees or costs, he may be granted permission to perform community service in lieu of them as well. The labor shall be meaningful, shall not be suspended or deferred and shall be of a type that benefits the public at large or any public, charitable or educational entity or institution and is consistent with Article 9, Section 14 of the constitution of New Mexico. Any person performing community service pursuant to court order shall be immune from civil liability arising out of the community service other than for gross negligence, shall not be entitled to wages or considered an employee for any purpose and shall not be entitled to workers’ compensation, unemployment or any other benefits otherwise provided by law. Instead, a person who performs community service shall receive credit toward the fine, fees or costs at the rate of the prevailing federal hourly minimum wage. Unless otherwise provided, however, the total fine, fees and costs shall be payable forthwith. C. When a defendant sentenced to pay a fine in installments or ordered to pay fees or costs defaults in payment, the court, upon motion of the prosecutor or upon its own motion, may require the defendant to show cause why his default should not be treated as contumacious and may issue a summons or a warrant of arrest for his appearance. It shall be a defense that the defendant did not willfully refuse to obey the order of the court or that he made a good faith effort to obtain the funds required for the payment. If the defendant’s default was contumacious, the court may order him committed until the fine or a specified part of it or the fees or costs are paid. The maximum term of imprisonment for such contumacious nonpayment shall be specified in the order of commitment.	Community service, Incarceration, Payment plan/installment plan	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-17-1(D)	Restitution Lien	An order requiring an offender to pay restitution, validly entered pursuant to this section, constitutes a judgment and lien against all property of a defendant for the amount the defendant + See more is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property, or for garnishment. 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. An order of restitution is enforceable, if valid, pursuant to this section, the Victims of Crime Act or Article 2, Section 24 of the constitution of New Mexico. Nothing in this section shall be construed to limit the ability of a victim to pursue full civil legal remedies.	Civil judgment, Property liens	All	Yes
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 35-6-7	Magistrate court; drug court fee; monthly remittances	A. A magistrate court that has an adult drug court program may assess and collect from participants a “drug court fee” of fifty dollars ($50.00) a month. Program fee requirements + See more may be satisfied by community service at the federal minimum wage. Proceeds from the drug court fee shall be deposited in the magistrate drug court fund.	Community service	All	No
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2947.23(A)(1)(a)(i)	Judgment for costs and jury fees	(A)(1)(a) In all criminal cases, including violations of ordinances, the judge or magistrate shall include in the sentence the costs of prosecution, including any costs under section 2947.231 of the + See more Revised Code, and render a judgment against the defendant for such costs. If the judge or magistrate imposes a community control sanction or other nonresidential sanction, the judge or magistrate, when imposing the sanction, shall notify the defendant of both of the following: (i) If the defendant fails to pay that judgment or fails to timely make payments towards that judgment under a payment schedule approved by the court, the court may order the defendant to perform community service until the judgment is paid or until the court is satisfied that the defendant is in compliance with the approved payment schedule.	Community service	All	No
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2929.18(D)(2)(c)	Proceeding in the aid of execution	. . . Once the financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the + See more following: (c) A proceeding in aid of execution under Chapter 2333. of the Revised Code, including: (i) A proceeding for the examination of the judgment debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27 of the Revised Code; (ii) A proceeding for attachment of the person of the judgment debtor under section 2333.28 of the Revised Code; (iii) A creditor's suit under section 2333.01 of the Revised Code.	Civil judgment	Felony	No
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2929.18(D)(2)(b)	Financial sanctions; restitution; reimbursements.	. . . Once the financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the + See more following: (b) An execution against the person of the judgment debtor under Chapter 2331. of the Revised Code.	Civil judgment	Felony	No
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 1901.44(A)(1)	Community service in lieu of court costs; failure to pay	Notwithstanding any other provision of the Revised Code, if at the time of sentencing or at any time after sentencing a municipal court finds that a person who is found + See more guilty of an offense is unable to pay costs, the court may order the offender to perform community service in lieu of costs.	Community service	All	No
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2951.02(B)	Authorized searches during offender’s misdemeanor community control sanction or felony nonresidential sanction; community service; ignition interlock devices	A court may permit any offender convicted of a felony or a misdemeanor to satisfy the payment of a fine imposed for the offense pursuant to section 2929.18 or 2929.28 + See more of the Revised Code by performing supervised community service work as described in this division if the offender requests an opportunity to satisfy the payment by this means and if the court determines that the offender is financially unable to pay the fine.	Community service	All	No
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2152.20(D)	Fines; costs; restitution; forfeitures	(D) If a child who is adjudicated a delinquent child is indigent, the court shall consider imposing a term of community service under division (A) of section 2152.19 of the + See more Revised Code in lieu of imposing a financial sanction under this section. If a child who is adjudicated a delinquent child is not indigent, the court may impose a term of community service under that division in lieu of, or in addition to, imposing a financial sanction under this section. The court may order community service for an act that if committed by an adult would be a minor misdemeanor. If a child fails to pay a financial sanction imposed under this section, the court may impose a term of community service in lieu of the sanction.	Community service	All	No
Add to Dashboard + Create New	Pennsylvania	42 Pa. Stat. Ann. § 9730	Failure to pay court costs, restitution and fines	(b) Procedures regarding default.-- . . . (3) If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay + See more the fine or costs immediately or in a single remittance, the issuing authority, senior judge or senior magisterial district judge may provide for payment in installments. In determining the appropriate installments, the issuing authority, senior judge or senior magisterial district judge shall consider the defendant's financial resources, the defendant's ability to make restitution and reparations and the nature of the burden the payment will impose on the defendant. If the defendant is in default of a payment or advises the issuing authority, senior judge or senior magisterial district judge that default is imminent, the issuing authority, senior judge or senior magisterial district judge may schedule a rehearing on the payment schedule. At the rehearing the defendant has the burden of proving changes of financial condition such that the defendant is without the means to meet the payment schedule. The issuing authority, senior judge or senior magisterial district judge may extend or accelerate the schedule, leave it unaltered or sentence the defendant to a period of community service as the issuing authority, senior judge or senior magisterial district judge finds to be just and practicable under the circumstances.	Community service	All	No

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