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 (2)
- Alaska (2)
- Arizona (2)
- Arkansas (3)
- California (5)
- Colorado (4)
- Connecticut (3)
- Delaware (5)
- Florida (15)
- Georgia (1)
- Hawaii (3)
- Idaho (6)
- Illinois (4)
- Indiana (3)
- Iowa (3)
- Kansas (2)
- Kentucky (2)
- Louisiana (8)
- Maine (8)
- Maryland (1)
- (-) Massachusetts (14)
- Michigan (13)
- (-) Minnesota (2)
- Mississippi (7)
- Missouri (8)
- Montana (5)
- Nebraska (4)
- Nevada (6)
- New Hampshire (8)
- New Jersey (6)
- New Mexico (5)
- New York (3)
- North Carolina (8)
- North Dakota (5)
- Ohio (1)
- Oklahoma (7)
- Oregon (5)
- Pennsylvania (9)
- Rhode Island (2)
- South Carolina (5)
- (-) South Dakota (6)
- Tennessee (5)
- Texas (3)
- Utah (4)
- Vermont (2)
- Virginia (7)
- Washington (12)
- Washington DC (3)
- West Virginia (3)
- Wisconsin (2)
- (-) Wyoming (8)
Keyword search
Reset
Reset all filtersType of poverty penalty or poverty trap
- Civil judgment (2)
- (-) Collection fee/interest (3)
- Community service (1)
- Condition or extension of supervision (14)
- Driver's license suspension/impoundment (5)
- Extension of probation/supervision (1)
- (-) Incarceration (27)
- Increased fine (3)
- Other (1)
- Payment plan/installment plan (9)
- Property liens (5)
- Wage/bank account garnishment (4)
- Work program/jail industry program (3)
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.
30 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
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 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
|
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 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
|
Massachusetts | Mass. Gen. Laws ch. 279, § 1 | Suspension of execution; payment of fine; probation; revocation of suspension; exceptions |
When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time . . . If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance.
|
Incarceration | All | No |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 279, § 1A | Suspended Sentences — Fines and Imprisonment. |
When a person convicted before a court is sentenced to fine and imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended, and that he be placed on probation for such time and on such terms and conditions as it shall fix. The court may direct, as one of such terms and conditions, that payment of the fine may be made to the probation officer in one payment, or in part payments, during the period of probation or any extension thereof, and when such fine shall have been fully paid the order of commitment as to the fine shall be void, but the order of commitment as to imprisonment shall not be affected by such payment . . . If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance, and may also be committed for the term of imprisonment fixed in the original sentence.
|
Incarceration | All | No |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 279, § 7 | Sentence — Conviction of Crime Punishable by Fine; Imprisonment for Non-Payment. |
Whoever is convicted of a crime punishable by a fine, and is liable to imprisonment in the jail for its non-payment, may be sentenced to such imprisonment in the house of correction, or to confinement at hard labor either in the jail or house of correction.
|
Incarceration | All | No |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 279, § 9 | Sentence — Second Sentence for Non-Payment of Fine. |
Except as provided in section one hundred and forty-six of chapter one hundred and twenty-seven, if a convict is sentenced to pay a fine in more than one case and has been committed to a jail, house of correction or other prison or other correctional institution for refusing to pay such fine, the subsequent sentence shall take effect upon the expiration of the imprisonment under the former sentence.
|
Incarceration | All | Yes |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 279, § 10 | Sentence — Conditional. |
If a person has been convicted of a crime punishable, at the discretion of the court, by fine or imprisonment in the jail or house of correction or by fine or imprisonment in the state prison, the court may impose upon him a conditional sentence, and order him to pay a fine within a limited time which shall be expressed in the sentence, and in default thereof to suffer such imprisonment as is provided by law. He shall be forthwith committed to the custody of an officer in court or to the jail, to be detained until the sentence is complied with; and if he does not within the time limited pay the fine imposed, the sheriff shall cause the other part of the sentence to be executed forthwith.
|
Incarceration | All | No |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 266, § 111B | Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer. |
If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made a good faith effort to pay such restitution.
|
Incarceration | All | Yes |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 90, § 24D | Drivers Convicted of Operating Motor Vehicle Under the Influence of Intoxicating Liquors or Controlled Substances. |
An additional fee of two hundred and fifty dollars shall be paid to the chief probation officer of each court by each person placed in a program of driver alcohol or controlled substance abuse education pursuant to this section and all such fees shall be deposited with the state treasurer, subject to appropriation, for the support of programs operated by the secretary of public safety, the alcohol beverage control commission, and the department of public health for the investigation, enforcement, treatment and rehabilitation of those persons convicted of or charged with driving under the influence of intoxicating liquor or drugs . . . Failure to pay the fees required under this section shall, unless excused, constitute sufficient basis for a finding by the court at a hearing held pursuant to section twenty-four E that the person has failed to satisfactorily comply with the program.
|
Incarceration | Traffic | No |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 276, § 30 | Default Warrants — Warrant for Forfeiting or Defaulting on Bail Bond or Recognizance — Fees. |
Any person arrested on a warrant issued because such person has forfeited or defaulted on his bail bond or recognizance or has been surrendered by a probation officer shall be required by the court to pay a fee of $75 payable to the city or town in which such arrest was effected...
|
Collection fee/interest | All | Yes |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 276, § 92A | Restitution for Motor Vehicle Thefts or Fraudulent Motor Vehicle Insurance Claims. |
If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court may hold him in contempt unless said defendant has made a good faith effort to make restitution.
|
Incarceration | All | No |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 266, § 27A | Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers. |
If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made a good faith effort to pay such restitution.
|
Incarceration | Felony | Yes |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 266, § 29 | Theft of Motor Vehicle; Owner’s Complaint or Information; Restitution by Defendants. |
If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made a good faith effort to pay such restitution.
|
Incarceration | Felony | Yes |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 266, § 108 | Destroying Vessel to Defraud Owner or Insurer. |
If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court may hold him in contempt unless said defendant has made a good faith effort to make restitution.
|
Incarceration | All | No |
|
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 32-23-4.10 | Costs payable to county--Nonpayment punishable by contempt. |
In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime for a violation of § 32-23-1 to remit costs in the amount of fifty dollars to the clerk of courts. The clerk of courts shall forward any amount collected pursuant to this section to the county treasurer for deposit in the county general fund. Failure to remit the amount to the clerk of courts in the time specified by the court is punishable by contempt proceedings.
|
Incarceration | All | Yes |
|
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 23A-47-6 | Failure to comply with plan of restitution or of financial obligation constitutes violation of conditions — Modification of plan — Contempt |
Failure of any individual in this system to comply with the plan of restitution or plan for financial obligations as approved or modified by the court constitutes a violation of the conditions within this system. Without limitation, the court may modify the plan of restitution or financial obligation, extend the period of time for restitution or financial obligation, or continue the individual in the administrative financial accountability system. If the individual fails to make payment as ordered by the court, the individual may be held in contempt of the court’s order.
|
Incarceration | All | No |
|
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 216-15-7 |
Resistance to judicial process as misdemeanorEvery person guilty of any contempt of court by intentional disobedience of any process or order lawfully issued by any court is guilty of a + See moreClass 2 misdemeanor.
|
Every person guilty of any contempt of court by intentional disobedience of any process or order lawfully issued by any court is guilty of a Class 2 misdemeanor. |
Incarceration | All | No |
|
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 223A-27-25.4 | Default in payment of fine or costs and restitution |
If a defendant sentenced to pay a fine, costs, or restitution, defaults in the timely payment thereof, the court may, upon its own motion or upon motion of the state's attorney, require the defendant to show cause why he should not be imprisoned or jailed for nonpayment. The court may issue a warrant of arrest, bench warrant, or order to show cause for the defendant's appearance.
|
Incarceration | All | No |
|
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 223A-27-25.5 | Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served |
No defendant may be imprisoned or jailed for failure to pay a fine, costs, or restitution or have any suspended prison or jail sentence revoked without a prior hearing. At the hearing, the defendant has the burden of proof to establish to the reasonable satisfaction of the magistrate or circuit judge that the defendant did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution.
Failure by the defendant to make such a showing is grounds for being imprisoned or jailed. If the sentence provided for payment of fine or costs only, the term of jail or imprisonment may be no longer than the number of days equal to the total amount of the fine or costs imposed divided by sixty. For purposes of making this computation, any fraction of less than one day shall be dropped from the term of imprisonment. In no event may such imprisonment for failure to pay the fine, costs, and restitution together with all other time served or to be served exceed the maximum allowed by statute. If the defendant establishes that nonpayment was not willful or that the defendant did make a bona fide effort to pay, the defendant may not be imprisoned or jailed for nonpayment. The magistrate or circuit judge shall consider other alternatives which take into account the state's interest in punishment and deterrence. The court shall make findings in its decision. |
Incarceration | All | No |
|
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 223A-28-8 | Failure to comply as violation of conditions of probation--Modification of plan by court--Contempt |
Failure of the defendant to comply with § 23A-28-3 or to comply with the plan of restitution as approved or modified by the court constitutes a violation of the conditions of probation. Without limitation, the court may modify the plan of restitution or extend the period of time for restitution, regardless of whether the defendant is no longer on probation. If the defendant fails to make payment as ordered by the court, the defendant may be held in contempt of the court's order.
|
Condition or extension of supervision, Extension of probation/supervision, Incarceration, Payment plan/installment plan | All | No |
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.