Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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.
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See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
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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.
14 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Nevada | Nev. Rev. Stat. Ann. §176.0635 | Administrative assessment, fine or fee for felony or gross misdemeanor: Additional costs and fees for collection. |
1. A defendant who pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill who owes a fine, administrative assessment or fee, pursuant to NRS + See more176.0625, must be assessed by and pay to the county treasurer or other office assigned by the county to make collections the following costs and fees if the county treasurer or other office assigned by the county to make collections is successful in collecting the fine, administrative assessment or fee: (a) The costs and fees actually incurred in collecting the fine, administrative assessment or fee; and
(b) A fee payable to the county treasurer in the amount of 2 percent of the amount of the fine, administrative assessment or fee assigned to the county treasurer or other office assigned by the county to make collections.
2. The total amount of the costs and fees required to be collected pursuant to subsection 1 must not exceed 35 percent of the amount of the fine, administrative assessment or fee or $50,000, whichever is less.
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Collection fee/interest | Felony | Yes |
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Nevada | Nev. Rev. Stat. Ann. §176.064 (1) | Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver’s license; imprisonment. |
1. If a fine, administrative assessment, fee or restitution is imposed upon a defendant pursuant to this chapter, whether or not the fine, administrative assessment, fee or restitution is in addition + See moreto any other punishment, and the fine, administrative assessment, fee or restitution or any part of it remains unpaid after the time established by the court for its payment, the defendant is liable for a collection fee, to be imposed by the court at the time it finds that the fine, administrative assessment, fee or restitution is delinquent, of: (a) Not more than $100, if the amount of the delinquency is less than $2,000.
(b) Not more than $500, if the amount of the delinquency is $2,000 or greater, but is less than $5,000.
(c) Ten percent of the amount of the delinquency, if the amount of the delinquency is $5,000 or greater.
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Collection fee/interest | All | No |
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Nevada | Nev. Rev. Stat. Ann. § 176.305 | Judgment for imprisonment or fine and imprisonment until satisfied: Commitment and detention. |
If the judgment be imprisonment, or a fine and imprisonment until it is satisfied, the defendant must forthwith be committed to the custody of the proper officer, and detained until + See morethe judgment is complied with.
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Incarceration | All | Yes |
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Nevada | Nev. Rev. Stat. Ann. § 176.075 | Rate of imprisonment in default of administrative assessment, fine or forfeiture |
1. Except as otherwise provided in subsection 2, when a person is sentenced to pay a fine or forfeiture without an accompanying sentence of imprisonment, the court may, pursuant to + See moreNRS 62B.420 or 176.064, order that the person be confined in the city or county jail or detention facility for a period of not more than 1 day for each $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied.2. The provisions of this section do not apply to indigent persons.
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Incarceration | All | No |
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Nevada | Nev. Rev. Stat. Ann. § 176.065 | Rate of additional imprisonment in default of administrative assessment, fine or forfeiture |
1. Except as otherwise provided in subsection 2, when a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, the court may, + See morepursuant to NRS 62B.420 or 176.064, order that the person be confined in the state prison, the city or county jail or a detention facility, whichever is designated in the person's sentence of imprisonment, for an additional period of 1 day for each $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied or the maximum term of imprisonment prescribed by law for the offense committed has elapsed, whichever is earlier, but the person's eligibility for parole is governed only by the person's sentence of imprisonment.2. The provisions of this section do not apply to indigent persons.
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Incarceration | All | No |
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Nevada | Nev. Rev. Stat. Ann. § 176.064 (3)(d) | Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver's license; imprisonment |
3. The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, + See moretake any or all of the following actions, in the following order of priority if practicable: . . .
(d) For a delinquent fine or administrative assessment, order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.
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Incarceration | All | No |
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New Hampshire | N.H. Rev. Stat. § 604-A:9(I) | Repayment |
The state may collect from the defendant a service charge of up to 10 percent of the total amount of fees and expenses owed by such defendant. |
Collection fee/interest | All | No |
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New Hampshire | N.H. Rev. Stat. § 504-A:13(I) | Supervision and Service Charges |
The court shall establish a supervision fee for probationers, and the parole board shall establish a supervision fee for parolees. The fee shall not be less than $40 a month, unless waived in whole or in part by the court, board or commissioner, and may be any greater amount as established by the court or board. This fee shall be considered a condition of release, and failure to satisfy this obligation shall be grounds for a violation hearing, unless the probationer or parolee has been found to be indigent and, for that reason, unable to pay the fee. Service charges for collection of fines and fees, other than supervision fees, shall be established at 10 percent of the funds collected.
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Collection fee/interest, Condition or extension of supervision | All | Yes |
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New Hampshire | N.H. Rev. Stat. Ann. § 490:26-a(II-a) | Court Fees and Fines; Credit Card Payments |
The supreme court may establish by rule an equitable fee of not less than $25 to be added to a fine whenever a court extends the time for the payment of the fine. An equitable fee assessed by a court under this paragraph shall be paid prior to or simultaneously with the payment of the fine.
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Collection fee/interest | All | No |
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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, and if the fine is collected upon the execution, the convict shall not be further detained on account thereof.
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Incarceration | All | No |
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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 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.
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Incarceration | All | Yes |
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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 or performance of the restitution authorized, may be prosecuted for contempt.
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Incarceration | All | No |
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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 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.
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Incarceration | All | No |
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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 time on payment of the balance of the fine, after deducting $150 for each day such person has been imprisoned under the sentence.
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Incarceration | All | No |
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For more information, please visit cjpp.law.harvard.edu.