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
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Mississippi Miss. Code Ann. § 99-19-20 (2) Incarceration
 The defendant may be imprisoned until the fine is paid if the defendant is financially able to pay a fine and the court so finds, subject to the limitations hereinafter
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set out.
Incarceration 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
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court 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.
Incarceration All No
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Mississippi Miss. Code Ann. § 99-37-7(2) Contempt for default
(2) Unless the defendant shows that his default was not attributable to an intentional refusal to obey the order of the court or to a failure on his part to
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make a good faith effort to make the payment, the court may find that his default constitutes contempt and may order him committed until the fine or the restitution, or a specified part thereof, is paid.
Incarceration All No
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Mississippi Miss. Code Ann. §97-33-1 Miss. Code Ann. §97-33-1
shall be fined in a sum not more than Five Hundred Dollars ($ 500.00); and, unless such fine and costs be immediately paid, shall be imprisoned for any period not
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more than ninety (90) days
Incarceration Misdemeanor Yes
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Mississippi Miss. Code Ann. §97-33-11 Miss. Code Ann. §97-33-11
shall be fined in a sum not more than five hundred dollars; and unless such fine and costs be immediately paid, shall be imprisoned in the county jail for not
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less than five nor more than twenty days
Incarceration Misdemeanor Yes
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Mississippi Miss. Code Ann. §97-35-41 Miss. Code Ann. §97-35-41  in addition to being committed to jail is herein provided, such person shall also pay all costs, and shall stand committed until same is paid Incarceration Misdemeanor Yes
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Mississippi Miss. Code Ann. §47-7-49 (2) Miss. Code Ann. §47-7-49 (2)
The offender may be imprisoned until the payments are made if the offender is financially able to make the payments and the court in the county where the offender resides
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so finds
Incarceration Misdemeanor No
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Virginia Va. Code Ann. § 19.2-358(B) Incarceration for Default
A. When an individual obligated to pay a fine, costs, forfeiture, restitution or penalty defaults in the payment or any installment payment, the court upon the motion of the Commonwealth
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in the case of a conviction of a violation of a state law, or attorney for a locality or for the Commonwealth in the event of a conviction of a violation of a local law or ordinance, or upon its own motion, may require him to show cause why he should not be confined in jail or fined for nonpayment. A show cause proceeding shall not be required prior to issuance of a capias if an order to appear on a date certain in the event of nonpayment was issued pursuant to subsection A of § 19.2-354 and the defendant failed to appear. B. Following the order to show cause or following a capias issued for a defendant's failure to comply with a court order to appear issued pursuant to subsection A of § 19.2-354, unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant confined as for a contempt for a term not to exceed sixty days
Incarceration All No
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Virginia Va. Code Ann. § 19.2-340 presentment, indictment, information or warrant in recovery of fine
When any statute or ordinance prescribes a fine, unless it is otherwise expressly provided or would be inconsistent with the manifest intention of the General Assembly, it shall be paid
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to the Commonwealth if prescribed by a statute and recoverable by presentment, indictment, information or warrant and paid to the locality if prescribed by an ordinance and recoverable by warrant. Fines imposed and costs taxed in a criminal or traffic prosecution, including a prosecution for a violation of an ordinance adopted pursuant to § 46.2-1220, for committing an offense shall constitute a judgment and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment, subject to the period of limitations provided by § 19.2-341.
Incarceration All Yes
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Virginia Va. Code Ann. § 19.2-341 warrant, presentment, indictment, or information in recovery of other costs
When any statute or ordinance prescribes a monetary penalty other than a fine, unless it is otherwise expressly provided or would be inconsistent with the manifest intention of the General
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Assembly, it shall be paid to the Commonwealth if prescribed by a statute and paid to the locality if prescribed by an ordinance and recoverable by warrant, presentment, indictment, or information. Penalties imposed and costs taxed in any such proceeding shall constitute a judgment and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment.
Incarceration All Yes
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Virginia Va. Code Ann. § 16.1-69.24 Contempt incarceration
A judge of a district court shall have the same powers and jurisdiction as a judge of a circuit court to punish summarily for contempt, but in no case shall
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the...imprisonment exceed ten days for the same contempt.
Incarceration All No