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

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.

8 Results

Export results to Excel

State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nebraska Neb. Rev. Stat. § 29-2206(2) Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator’s license

(2) If the court or magistrate determines, pursuant to subsection (1) of this section, that an offender is financially unable to pay such fines or costs in one lump sum but

+ See more
is financially capable of paying in installments, the court or magistrate shall make arrangements suitable to the court or magistrate and to the offender by which the offender may pay in installments. The court or magistrate shall enter an order specifying the terms of such arrangements and the dates on which payments are to be made. When the judgment of conviction provides for the suspension or revocation of a motor vehicle operator’s license and the court authorizes the payment of fines or costs by installments, the revocation or suspension shall be effective as of the date of judgment.

Payment plan/installment plan All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C. Gen. Stat. Ann. § 15A-1362(b)-(c) Imposition of fines

(b) Installment or Delayed Payments.--When a defendant is ordered to pay a fine, the court may provide for the payment to be made within a specified period of time or

+ See more
in specified installments. If no such provision is made a part of the sentence, the fine is payable forthwith.

(c) Nonpayment.--When a defendant is ordered, other than as a condition of probation, to pay a fine, costs, or both, the court may impose at the same time a sentence to be served in the event that the fine is not paid. The court also may impose an order that the defendant appear, if he fails to make the required payment, at a specified time to show cause why he should not be imprisoned.

Incarceration, Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C. Gen. Stat. Ann. § 15A-1364 Response to nonpayment

(a) Response to Default.--When a defendant who has been required to pay a fine or costs or both defaults in payment or in any installment, the court, upon the motion

+ See more
of the prosecutor or upon its own motion, may require the defendant to appear and show cause why he should not be imprisoned or may rely upon a conditional show cause order entered under G.S. 15A-1362(c). If the defendant fails to appear, an order for his arrest may be issued.

(b) Imprisonment; Criteria.--Following a requirement to show cause under subsection (a), unless the defendant shows inability to comply and that his nonpayment was not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, the court may order the suspended sentence, if any, activated, or, if the law provides no term of imprisonment for the offense for which the defendant was convicted or if no suspended sentence was imposed, the court may order the defendant imprisoned for a term not to exceed 30 days. The court, before activating a sentence of imprisonment, may reduce the sentence. The court may provide in its order that payment or satisfaction at any time of the fine and costs imposed by the court will entitle the defendant to his release from the imprisonment or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of the fine.

(c) Modification of Fine or Costs.--If it appears that the default in the payment of a fine or costs is not attributable to failure on the defendant's part to make a good faith effort to obtain the necessary funds for payment, the court may enter an order: (1) Allowing the defendant additional time for payment; or (2) Reducing the amount of the fine or costs or of each installment; or (3) Revoking the fine or costs or the unpaid portion in whole or in part.

Incarceration, Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C. Gen. Stat. Ann. § 7A-304(f) Costs in criminal actions

The court may allow a defendant owing monetary obligations under this section to either make payment in full when costs are assessed or make payment on an installment plan arranged

+ See more
with the court. Defendants making use of an installment plan shall pay a onetime setup fee of twenty dollars ($20.00) to cover the additional costs to the court of receiving and disbursing installment payments. Fees collected under this subsection shall be remitted to the State Treasurer for support of the General Court of Justice.

Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Oregon Or. Rev. Stat. § 161.675 Time and method of payment of fines, restitution and costs

(1) When a defendant, as a part of a sentence or as condition of probation or suspension of sentence, is required to pay a sum of money for any purpose, the

+ See more
court may order payment to be made immediately or within a specified period of time or in specified installments. If a defendant is sentenced to a term of imprisonment, any part of the sentence that requires the payment of a sum of money for any purpose is enforceable during the period of imprisonment if the court expressly finds that the defendant has assets to pay all or part of the amounts ordered.

(2) When a defendant whose sentence requires the payment of a sum of money for any purpose is also sentenced to probation or imposition or execution of sentence is suspended, the court may make payment of the sum of money a condition of probation or suspension of sentence.

(3) When a defendant is sentenced to probation or imposition or execution of sentence is suspended and the court requires as a part of the sentence or as a condition of the probation or suspension of sentence that the defendant pay a sum of money in installments, the court, or the court clerk or parole and probation officer if so ordered by the court, shall establish a schedule of payments to satisfy the obligation. A schedule of payments shall be reviewed by the court upon motion of the defendant at any time, so long as the obligation remains unsatisfied.

Condition or extension of supervision, Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Oregon Or. Rev. Stat. § 137.106(4) Payment schedule

(a) If a judgment or supplemental judgment described in subsection (1) of this section includes restitution, a court may delay the enforcement of the monetary sanctions, including restitution, only if

+ See more
the defendant alleges and establishes to the satisfaction of the court the defendants inability to pay the judgment in full at the time the judgment is entered. If the court finds that the defendant is unable to pay, the court may establish or allow an appropriate supervising authority to establish a payment schedule, taking into consideration the financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant. The supervising authority shall be authorized to modify any payment schedule established under this section.

Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Oregon Or. Rev. Stat. § 137.540(1)(a),(7) Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification

(1) The court may sentence the defendant to probation subject to the following general conditions unless specifically deleted by the court. The probationer shall: (a) Pay supervision fees, fines, restitution

+ See more
or other fees ordered by the court.


(7) Failure to abide by all general and special conditions of probation may result in arrest, modification of conditions, revocation of probation or imposition of structured, intermediate sanctions in accordance with rules adopted under ORS 137.595.

Condition or extension of supervision, Incarceration, Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Oregon Or. Rev. Stat. § 135.891(2) Required and permissive elements of diversion agreement; program fee

(2) As a condition of entering into a diversion agreement under ORS 135.881 to 135.901, the defendant must pay a program fee of $100. The court may waive all or

+ See more
part of the fee in cases involving indigent defendants, or may provide for payment of the fee on an installment basis. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account. If the fee is collected in a municipal or justice court, $35 of the fee shall be forwarded by the court to the Department of Revenue for deposit in the Criminal Fine Account, and the remainder of the fee shall be paid to the city or county treasurer.

Payment plan/installment plan All No