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 (0)
- Alaska (3)
- Arizona (2)
- Arkansas (3)
- California (4)
- Colorado (1)
- Connecticut (1)
- Delaware (2)
- Florida (9)
- Georgia (0)
- Hawaii (0)
- Idaho (1)
- Illinois (1)
- Indiana (0)
- Iowa (1)
- Kansas (2)
- Kentucky (2)
- Louisiana (2)
- Maine (2)
- Maryland (1)
- Massachusetts (0)
- Michigan (1)
- Minnesota (1)
- Mississippi (2)
- (-) Missouri (2)
- (-) Montana (1)
- Nebraska (1)
- Nevada (2)
- New Hampshire (5)
- New Jersey (3)
- New Mexico (2)
- New York (1)
- North Carolina (3)
- North Dakota (3)
- (-) Ohio (4)
- Oklahoma (2)
- Oregon (4)
- Pennsylvania (4)
- Rhode Island (0)
- South Carolina (5)
- South Dakota (3)
- Tennessee (2)
- Texas (1)
- Utah (2)
- Vermont (0)
- Virginia (2)
- Washington (12)
- Washington DC (0)
- West Virginia (1)
- Wisconsin (2)
- (-) Wyoming (5)
Keyword search
Reset
Reset all filtersType of poverty penalty or poverty trap
- Civil judgment (2)
- Collection fee/interest (4)
- Community service (7)
- Condition or extension of supervision (13)
- Driver's license suspension/impoundment (7)
- Extension of probation/supervision (0)
- Incarceration (17)
- Increased fine (6)
- Other (5)
- (-) Payment plan/installment plan (12)
- Property liens (10)
- Wage/bank account garnishment (14)
- 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.
12 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
Missouri | Mo. Ann. Stat. § 600.090(2) | Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected |
If at any time, either during or after the disposition of his case, such defendant becomes financially able to meet all or some part of the cost of services rendered to him, he shall be required to reimburse the commission in such amounts as he can reasonably pay, either by a single payment or by installments of reasonable amounts, in accordance with a schedule of charges for public defender services prepared by the commission.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Missouri | Mo. Ann. Stat. § 558.004(4) | Imposition of fines |
When an offender is sentenced to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If no such provision is made a part of the sentence, the fine shall be payable forthwith.
|
Payment plan/installment plan | All | Yes |
|
Add to Dashboard
|
Montana | Mont. Code Ann. § 46-18-246 | Waiver or modification of payment |
An offender may at any time petition the sentencing court to adjust or otherwise waive payment of any part of any ordered restitution or amount to be paid pursuant to + See more46-18-241(2)(a). The court shall schedule a hearing and give a victim to whom restitution was ordered notice of the hearing date, place, and time and inform the victim that the victim will have an opportunity to be heard. If the court finds that the circumstances upon which it based the imposition of restitution, amount of the victim's pecuniary loss, or method or time of payment no longer exist or that it otherwise would be unjust to require payment as imposed, the court may adjust or waive unpaid restitution or the amount to be paid pursuant to 46-18-241(2)(a) or modify the time or method of making restitution. The court may extend the restitution schedule.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Ohio | Ohio Rev. Code § 2947.23(C) | Judgment for costs and jury fees |
The court retains jurisdiction to waive, suspend, or modify the payment of the costs of prosecution, including any costs under section 2947.231 of the Revised Code, at the time of sentencing or at any time thereafter.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Ohio | Ohio Rev. Code § 1901.44(A)(2) | 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 guilty of an offense will not be able to pay costs in full when they are due, the court may order the offender to pay the costs in installments according to a schedule set by the court.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Ohio | Ohio Rev. Code § 2929.37(B)(1) | Policy requiring prisoner to pay costs of confinement |
Each prisoner covered by a repayment policy adopted as described in division (A) of this section shall receive at the end of the prisoner's confinement an itemized bill of the expenses to be reimbursed. The policy shall allow periodic payments on a schedule to be implemented upon a prisoner's release.
|
Payment plan/installment plan | All | Yes |
|
Add to Dashboard
|
Ohio | Ohio Rev. Code § 1907.25(A)(2) | 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 county court finds that a person who is found guilty of an offense will not be able to pay costs in full when they are due, the court may order the offender to pay the costs in installments according to a schedule set by the court.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Wyoming | Wyo. Stat. Ann. § 31-9-305 | Payment of judgments in installments; failure to meet payments |
(a) A judgment debtor upon notice to the judgment creditor may apply to the court in which judgment was rendered for the privilege of paying the judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may order and fix the amounts and times of payment of the installments.
(b) The division shall not suspend a license, registration or a nonresident's operating privilege, and shall restore any license, registration or nonresident's operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of the judgment in installments, and while the payment of any installment is not in default. (c) If the judgment debtor fails to pay any installment as specified by the order, then upon notice of default, the division shall suspend the license, registration or nonresident's operating privilege of the judgment debtor until the judgment is fully satisfied, as provided in this act. |
Driver's license suspension/impoundment, Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Wyoming | Wyo. Stat. Ann. § 7-13-421 | Restitution as condition of parole |
(b) The board shall provide for restitution in the amount determined by the court pursuant to W.S. 7-9-103 unless the board finds the parolee is not reasonably capable of making the payments, in which case the board may modify the amount of restitution to be paid, taking into account the factors enumerated in W.S. 7-9-106.
(c) If the parolee fails to pay the restitution as provided by this section the board may: (i) Modify the amount of the restitution; (ii) Repealed By Laws 2011, Ch. 30, § 2. (iii) Revoke the parole. |
Condition or extension of supervision, Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Wyoming | Wyo. Stat. Ann. § 7-9-115 | Modification of order |
After a long-term physical health care restitution order has been entered, the court may from time to time, on the petition of either the defendant or the victim, or upon its own motion, modify the order as to the amount of monthly payments. Any modification of the order shall only be based upon a substantial change of circumstances relating to the cost of long-term physical health care or the financial condition of either the defendant or the victim. The petition shall be filed as part of the original criminal docket.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Wyoming | Wyo. Stat. Ann. § 7-13-306 | Payment of fine in installments |
When imposing a fine and also placing the defendant on probation, the district judge may permit the fine to be paid in installments over a reasonable period of time. |
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Wyoming | Wyo. Stat. Ann. § 7-9-104 | Preparation of plan; contents |
(a) In any case in which the court has ordered restitution under W.S. 7-9-102, 7-9-113 or 7-13-301, if the sentencing court orders suspended imposition of sentence, suspended sentence or probation, the court shall require that the defendant in cooperation with the probation and parole officer assigned to the defendant, or in the case of unsupervised probation any probation and parole officer or any other person the court directs, promptly prepare a plan of restitution including the name and address of each victim, the amount of restitution determined to be owed to each victim pursuant to W.S. 7-9-103 or 7-9-114 and a schedule of restitution payments. If the defendant is presently unable to make any restitution but there is a reasonable possibility that the defendant may be able to do so at some time during his probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant shall make restitution. In structuring a plan for reimbursement under this section, victim restitution shall be paid in the following order:
(i) Pecuniary damages suffered by the victim which have not been paid by insurance or from the crime victim's compensation account; (ii) Payment of other amounts owed by the defendant arising from the case. |
Condition or extension of supervision, 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.