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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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
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176.0625, 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.
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
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to 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.
Collection fee/interest All No
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Nevada Nev. Rev. Stat. Ann. §§176.064 (3)(a)-(b)  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,
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take any or all of the following actions, in the following order of priority if practicable: (a) Enter a civil judgment for the amount due in favor of the state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution. A civil judgment entered pursuant to this paragraph may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action. If the court has entered a civil judgment pursuant to this paragraph and the person against whom the judgment is entered is not indigent and has not satisfied the judgment within the time established by the court, the person may be dealt with as for contempt of court. (b) Request that a prosecuting attorney undertake collection of the delinquency, including, without limitation, the original amount of the civil judgment entered pursuant to paragraph (a) and the collection fee, by attachment or garnishment of the defendant’s property, wages or other money receivable.
Wage/bank account garnishment All No
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Nevada Nev. Rev. Stat. Ann. § 176.275   Judgment for fine, administrative assessment, payment of restitution or repayment of expenses is lien; additional provisions concerning judgment for payment of restitution.
1.  A judgment which imposes a fine or administrative assessment or requires a defendant to pay restitution or repay the expenses of a defense constitutes a lien in like manner as
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a judgment for money rendered in a civil action. 2.  A judgment which requires a defendant to pay restitution: (a) May be recorded, docketed and enforced as any other judgment for money rendered in a civil action. (b) Does not expire until the judgment is satisfied.
Property liens All No
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Nevada Nev. Rev. Stat. Ann. § 176.278 Payment of restitution from civil judgment or settlement in favor of defendant and against State, political subdivision, officer, employee or contractor.
1.  Except as otherwise provided in subsection 4, if a person who is or was imprisoned in the state prison or a county or city jail or detention facility is awarded
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a judgment against: (a) The State of Nevada, a county or a city; (b) A department, commission, board or other agency of the State of Nevada, a county or a city; or (c) A current or former officer, employee or contractor of the State of Nevada, a county or a city, arising from a civil action that accrued while the person was imprisoned in the state prison or county or city jail or detention facility, the person or governmental entity that pays the judgment shall deposit the money for the judgment with the court. The court shall deduct from the money received from the judgment any amount of money owed by the person for restitution and send the money to the appropriate person, governmental agency or political subdivision of a governmental agency to whom restitution is owed. 2.  Except as otherwise provided in subsection 4, if a person enters into a settlement for money in an action described in subsection 1, the person or governmental entity that pays the settlement shall deposit the money for the settlement with the court in which the action was filed or the district court of the county in which the person resides if no action was filed. The court shall deduct from the money deposited with the court any amount of money owed by the person for restitution and send the money to the appropriate person, governmental agency or political subdivision of a governmental agency to whom restitution is owed. 3.  If any money remains after the court makes the deduction pursuant to subsection 1 or 2, the court shall forward the remaining money to the person who initiated the action. 4.  The provisions of this section do not apply to a judgment or settlement in a case that involves the death of a person who was imprisoned.
Wage/bank account garnishment All Yes
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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
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the judgment is complied with.
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
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NRS 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.
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,
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pursuant 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.
Incarceration All No
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Nevada Nev. Rev. Stat. Ann. § 209.4837(D)   Agreement for assignment and distribution of wages of offender; schedule of restitution.  
Once the Director determines that restitution voluntarily offered by the offender can be made, the Director shall attempt to negotiate and enter into an agreement with the offender which provides
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for an assignment to the Department of all wages which the offender earns: 1.  To make restitution payments: (a) To the victims of any crime for which the offender is incarcerated and for which an amount of restitution was set pursuant to NRS 176.033; and (b) For expenses related to extradition in accordance with NRS 179.225; 2.  To reimburse the Department in part for its costs in providing the offender housing, transportation, meals and medical and dental services at the center, if applicable; and 3.  For the offender’s own account to the Prisoners’ Personal Property Fund.
Wage/bank account garnishment All No
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Nevada Nev. Rev. Stat. Ann. § 209.4837(E)   Agreement for assignment and distribution of wages of offender; schedule of restitution.  
The agreement must contain a schedule of restitution payments to be made to all victims of crimes for which the offender is incarcerated and for which an amount of restitution
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was set pursuant to NRS 176.033. The payments may be made subject to such terms as the Director considers advisable.
Payment plan/installment plan All Yes
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Nevada Nev. Rev. Stat. Ann. § 176.064 (3)(c)  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,
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take any or all of the following actions, in the following order of priority if practicable: . . . (c) Order the suspension of the driver’s license of the defendant. If the defendant does not possess a driver’s license, the court may prohibit the defendant from applying for a driver’s license for a specified period. If the defendant is already the subject of a court order suspending or delaying the issuance of the defendant’s driver’s license, the court may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the driver’s license of a defendant pursuant to this paragraph, the court shall require the defendant to surrender to the court all driver’s licenses then held by the defendant. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles the licenses, together with a copy of the order. At the time the court issues an order pursuant to this paragraph delaying the ability of a defendant to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order. The Department of Motor Vehicles shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the defendant’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.
Driver's license suspension/impoundment 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,
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take 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.
Incarceration All No
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Nevada Nev. Rev. Stat. Ann. § 209.4295 (4) Payment of cost of supervision and treatment; performance of community service as contribution toward cost; issuance of judgment for unpaid costs.
The court may issue a judgment against a probation violator and in favor of the State for the costs of treatment and supervision which remain unpaid when the probationer is
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released from the diversion program but in no event may the amount of the judgment include any amount of debt which was extinguished by the successful completion of community service pursuant to subsection 3.
Payment plan/installment plan All No
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Nevada Nev. Rev. Stat. Ann. § 209.4831   Deduction from wages of offender for living expenses.  
The Director shall determine, with the approval of the Board, an amount to be deducted from the wages of each parolee or other offender assigned to a center to offset
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the cost of providing the offender with housing, transportation, meals and medical and dental services at the center.
Wage/bank account garnishment All Yes
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Ohio Ohio Rev. Code § 1907.25(B) Blocking of motor vehicle registration or transfer or registration for failure to pay fine or costs
If a person is charged with an offense in county court and either fails to appear in court at the required time and place to answer the charge or pleads
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guilty to or is found guilty of the offense and fails within the time allowed by the court to pay any fine or costs imposed by the court, the court may enter information relative to the person's failure to pay any outstanding amount of the fine or costs on a form prescribed or approved by the registrar of motor vehicles pursuant to division (C) of this section and send the form to the registrar. Upon receipt of the form, the registrar shall take any measures necessary to ensure that neither the registrar nor any deputy registrar accepts any application for the registration or transfer of registration of any motor vehicle owned or leased by the person. However, for a motor vehicle leased by the person, the registrar shall not implement this requirement until the registrar adopts procedures for that implementation under section 4503.39 of the Revised Code. The period of denial relating to the issuance or transfer of a certificate of registration for a motor vehicle imposed under this section remains in effect until the person pays any fine or costs imposed by the court relative to the offense. When the fine or costs have been paid in full, the court shall inform the registrar of the payment by entering information relative to the payment on a notice of payment form prescribed or approved by the registrar pursuant to division (C) of this section and sending the form to the registrar.
Driver's license suspension/impoundment All No
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Ohio Ohio Rev. Code § 2947.14(A) Satisfaction of fine

(A) If a fine is imposed as a sentence or a part of a sentence, the court or magistrate that imposed the fine may order that the offender be committed to

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the jail or workhouse until the fine is paid or secured to be paid, or the offender is otherwise legally discharged, if the court or magistrate determines at a hearing that the offender is able, at that time, to pay the fine but refuses to do so. The hearing required by this section shall be conducted at the time of sentencing.

Incarceration All No
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Ohio Ohio Rev. Code § 2949.15 Writs of execution to issue

If a nonindigent person convicted of a felony fails to pay the costs of prosecution pursuant to section 2949.14 of the Revised Code, the clerk of the court of common

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pleas shall forthwith issue to the sheriff of the county in which the indictment was found, and to the sheriff of any other county in which the person has property, executions against his property for fines and the costs of prosecution, which shall be served and returned within ten days, with the proceedings of such sheriff or the certification that there is no property upon which to levy, indorsed thereon. When a levy is made upon property under such execution, a writ shall forthwith be issued by the clerk for the sale thereof, and such sheriff shall sell the property and make return thereof, and after paying the costs of conviction, execution, and sale, pay the balance to the person authorized to receive it.

Property liens All Yes
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Ohio Ohio Rev. Code § 2947.23(A)(1)(a)(i) Judgment for costs and jury fees

(A)(1)(a) In all criminal cases, including violations of ordinances, the judge or magistrate shall include in the sentence the costs of prosecution, including any costs under section 2947.231 of the

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Revised Code, and render a judgment against the defendant for such costs. If the judge or magistrate imposes a community control sanction or other nonresidential sanction, the judge or magistrate, when imposing the sanction, shall notify the defendant of both of the following: (i) If the defendant fails to pay that judgment or fails to timely make payments towards that judgment under a payment schedule approved by the court, the court may order the defendant to perform community service until the judgment is paid or until the court is satisfied that the defendant is in compliance with the approved payment schedule.

Community service All No
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Ohio Ohio Rev. Code § 2929.25(C)(2) Community control sanctions

(C)(2) The sentencing court shall require as a condition of any community control sanction that the offender abide by the law and not leave the state without the permission of

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the court or the offender's probation officer. In the interests of doing justice, rehabilitating the offender, and ensuring the offender's good behavior, the court may impose additional requirements on the offender. The offender's compliance with the additional requirements also shall be a condition of the community control sanction imposed upon the offender.

Condition or extension of supervision All Yes
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Ohio Ohio Rev. Code § 2949.09 Execution for fine and costs

When a judge or magistrate renders judgment for a fine, an execution may issue for such judgment and costs of prosecution, to be levied on the property, or in default

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thereof, upon the body of the defendant for nonpayment of the fine. The officer holding such writ may arrest such defendant in any county and commit him to the jail of the county in which such writ issued, until such fine is paid or secured to be paid or he is otherwise legally discharged.

Property liens All No