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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	Montana	Mont. Code Ann. § 45-5-205(4)	Negligent vehicular assault--penalty	If a term of incarceration is imposed under subsection (2) or (3), the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and + See more of restitution. If the person does not pay the fine or restitution, the term of incarceration may be imposed.	Incarceration	Misdemeanor, Felony	No
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-8-115	Effect of Nonpayment	(1) When a defendant who is sentenced to pay the costs of assigned counsel defaults in payment of the costs or of any installment, the court on motion of the + See more prosecutor or on its own motion may require the defendant to show cause why the default should not be treated as contempt of court and may issue a show cause citation or an arrest warrant requiring the defendant's appearance. (2) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make a good faith effort to make the payment, the court may find that the default constitutes civil contempt. (3) The term of imprisonment for contempt for nonpayment of the costs of assigned counsel must be set forth in the judgment and may not exceed 1 day for each $25 of the payment, 30 days if the order for payment of costs was imposed upon conviction of a misdemeanor, or 1 year in any other case, whichever is the shorter period. A person committed for nonpayment of costs must be given credit toward payment for each day of imprisonment at the rate specified in the judgment.	Incarceration	Misdemeanor	No
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-17-302(4)	Procedure after trial--Justice's and city courts--Execution of Judgement	A judgment that the offender pay a fine may also direct that the offender be imprisoned until the fine is satisfied in the proportion of 1 day's imprisonment for every + See more $75 of the fine. When the judgment is rendered, the offender must be held in custody for the time specified in the judgment unless the fine is paid.	Incarceration	All	No
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-208	Termination of remaining portion of deferred or suspended sentence--petition	When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor or defendant may file a petition to terminate the time remaining on + See more the sentenceThe court may grant the petition if it finds that...the defendant has paid all restitution and court-ordered financial obligations in full.	Incarceration	All	No
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-233	Fine or costs as condition on suspended or deferred sentence	(1) Whenever a defendant is sentenced to pay a fine or costs under 46-18-231 or 46-18-232 and the imposition or execution of the rest of the defendant's sentence is deferred + See more or suspended, the court may make payment of the fine or costs a condition for probation. (2) A suspended or deferred sentence may not be revoked if the defendant defaults on the payment of the fine and the default is not attributable to an intentional refusal to obey the order of the court or a failure to make a good faith effort to make the payment.	Incarceration	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 618:7	Execution	A writ of execution may be issued for any fine in a criminal case, notwithstanding the respondent may be committed or detained in a county correctional facility for nonpayment thereof, + See more and if the fine is collected upon the execution, the convict shall not be further detained on account thereof.	Incarceration	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 618:6	Place of Committal	Any person sentenced to pay a fine shall be ordered to be imprisoned until sentence is performed, or he or she is otherwise legally discharged, in the county correctional facility + See more in which the crime was committed. This section shall not be construed as authorizing the confinement of any juvenile under the age of 17 years in a county correctional facility for the nonpayment of a fine.	Incarceration	All	Yes
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 651:67(I)	Failure to Make Restitution	Any offender who is sentenced to make restitution under RSA 651:63, and who purposely violates the court's order by either failing to make restitution or by defaulting in the payment + See more or performance of the restitution authorized, may be prosecuted for contempt.	Incarceration	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 618:9	Committal for Nonpayment; Term	Whenever a person is committed to a county correctional facility in default of payment of a fine imposed by a justice of a superior court or a district court, he + See more or she shall be discharged from custody by the superintendent thereof at the expiration of a number of days after the date of his or her commitment equal to one day for each $150 of the fine so imposed. The superintendent shall keep a record of all discharges made under the provisions of this section.	Incarceration	All	No
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 618:8	At End of Term, or on Payment of Balance	Any person sentenced conditionally to pay a fine or to be imprisoned for a term shall be discharged at the expiration of the term, and may be discharged at any + See more time on payment of the balance of the fine, after deducting $150 for each day such person has been imprisoned under the sentence.	Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 6-10-105	Commitment for refusal to pay fine or costs; rate per day	A person committed to jail for willfully refusing to pay a fine or costs may be imprisoned if the court determines that the defendant has an ability to pay or + See more that a reasonable probability exists that the defendant will have an ability to pay, until the imprisonment, at the rate of fifteen dollars ($15.00) per day, equals the amount of the fine or costs, or the amount shall be paid or secured to be paid when he is discharged.	Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-11-504	Commitment until fine and costs paid	If a defendant sentenced to pay a fine or costs defaults in payment, the court may order the defendant to show cause why he should not be committed to jail. + See more If the court finds that the defendant's default is willful or is due to a failure on defendant's part to make a good faith effort to obtain the funds required for the payment and the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, the court may order him committed until the fine or costs, or a specified part thereof, is paid. The defendant shall be given a credit for each day of imprisonment at the rate provided by W.S. 6 10 105, and may earn additional credits against his fine or costs for work performed as provided by W.S. 7 16 101 through 7 16 104.	Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 6-10-105	Commitment for refusal to pay fine or costs; rate per day	A person committed to jail for willfully refusing to pay a fine or costs may be imprisoned if the court determines that the defendant has an ability to pay or + See more that a reasonable probability exists that the defendant will have an ability to pay, until the imprisonment, at the rate of fifteen dollars ($15.00) per day, equals the amount of the fine or costs, or the amount shall be paid or secured to be paid when he is discharged.	Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-9-109	Failure to comply; modification or extension of plan	Failure of the defendant to comply with W.S. 7 9 104 or to comply with the plan of restitution as approved or modified by the court is a violation of + See more the conditions of probation. If the probation period has expired, the restitution order may be enforced by either civil or criminal contempt proceedings. Criminal contempt under this section is punishable by imprisonment for not more than one (1) year. The court may modify the plan of restitution or extend the period of time for restitution, but, except for those cases falling within the provisions of W.S. 7 9 113 through 7 9 115, the court may not extend the period of time for restitution beyond ten (10) years following the date of the defendant's discharge from sentence or expiration of probation under W.S. 7 13 301.	Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-13-109(b),(c)	Payment of jail costs by inmate	(b) An order to pay room and board costs under this section shall be included as a special order in the judgment of conviction. To satisfy the order, the clerk + See more of the sentencing court, upon request of the sheriff or prosecuting attorney, may issue execution against any assets of the defendant including wages subject to attachment, in the same manner as in a civil action. (c) Willful failure or refusal to pay costs ordered under this section is punishable as contempt of court.	Incarceration, Property liens, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-13-301(a)(v),(c)	Placing person found guilty, but not convicted, on probation	(a) If a person who has not previously been convicted of any felony is charged with or is found guilty of or pleads guilty or no contest to any misdemeanor + See more except any second or subsequent violation of W.S. 31-5-233 or any similar provision of law, or any second or subsequent violation of W.S. 6-2-510(a) or 6-2-511(a) or any similar provision of law, or any felony except murder, sexual assault in the first or second degree, aggravated assault and battery or arson in the first or second degree, the court may, with the consent of the defendant and the state and without entering a judgment of guilt or conviction, defer further proceedings and place the person on probation for a term not to exceed thirty-six (36) months upon terms and conditions set by the court. The terms of probation shall include that he: (v) Pay restitution to each victim in accordance with W.S. 7-9-101 and 7-9-103 through 7-9-115. (c) If the defendant violates a term or condition of probation at any time before final discharge, the court may: (i) Enter an adjudication of guilt and conviction and proceed to impose sentence upon the defendant if he previously pled guilty to or was found guilty of the original charge for which probation was granted under this section; or (ii) Order that the trial of the original charge proceed if the defendant has not previously pled or been found guilty.	Condition or extension of supervision, Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. R. Crim. P. 46.4(c)	Sanctions for Failure to Appear or for Violation of Release Order	(c) Violation of release condition. A person who has been released under Rule 46.1, 46.2, or Rule 46.3 and who has violated a condition of that release, is subject to + See more a revocation of release and a prosecution for contempt of court.	Incarceration	All	No

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