Data Explorer: Enforcement Mechanisms | 50 State Criminal Justice Debt Tool

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	Texas	Tex. Code Crim. Proc. Art. 42.22(2)(a)-(b)	Restitution Liens. [Effective until January 1, 2021]	(a) The victim of a criminal offense has a restitution lien to secure the amount of restitution to which the victim is entitled under the order of a court in a + See more criminal case. (b) The state also has a restitution lien to secure the: (1) amount of fines or costs entered against a defendant in the judgment in a felony criminal case; (2) amount of reimbursement for costs of: (A) confinement ordered under Article 42.038; or (B) notice provided under Article 62.056 or 62.201; and (3) amount of damages incurred by the state as a result of the commission of an offense under Section 38.04, Penal Code, in which the defendant used a motor vehicle while the defendant was in flight.	Property liens	All	No
Add to Dashboard + Create New	Texas	Tex. Transp. Code Sec. 702.003(a)	Traffic violation - denial of motorvehicle registration	A county assessor-collector or the department may refuse to register a motor vehicle if the assessor-collector or the department receives under a contract information from a municipality that the owner + See more of the vehicle has an outstanding warrant from that municipality for failure to appear or failure to pay a fine on a complaint that involves the violation of a traffic law.	Driver's license suspension/impoundment	Traffic	No
Add to Dashboard + Create New	Texas	Tex. Gov't. Code § 76.015(c)	Reimbursement Fee	(c) A department may assess a reasonable reimbursement fee of not less than $25 and not more than $60 per month on an individual who participates in a program operated + See more by the department or receives services from the department and who is not paying a monthly reimbursement fee under Article 42A.652, Code of Criminal Procedure.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Gov't. Code § 76.017(e)	Treatment Alternative to Incarceration Program	(e) A department may contract for the provision of treatment services. The department may pay for services only if other adequate public or private sources of payment are not available. + See more A person is responsible for the payment of any treatment program recommended under this section if it is determined that a person referred for treatment is able to pay for the costs of treatment or if the person has insurance that will pay for the treatment. If a person is able to pay for treatment or if the person has insurance that will pay for the treatment, the payment may be made a condition for receiving treatment.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Gov't. Code § 103.021	Additional Fees and Costs in Criminal or Civil Cases: Code of Criminal Procedure	An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Code of Criminal Procedure if ordered by the + See more court or otherwise required: (2) cost of electronic monitoring as a condition of release on personal bond (Art. 17.43, Code of Criminal Procedure) ... actual cost; (3-a) costs associated with operating a global positioning monitoring system as a condition of release on bond (Art. 17.49(b)(2), Code of Criminal Procedure) ... actual costs, subject to a determination of indigency; (5) reimbursement to general revenue fund for payments made to victim of an offense as condition of community supervision (Art. 42A.301(17), Code of Criminal Procedure) ... not to exceed $50 for a misdemeanor offense or $100 for a felony offense; (10) additional community supervision fee for certain offenses (Art. 42A.653(a), Code of Criminal Procedure) ... $5 per month;	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 17.43(b)	Home curfew and electronic monitoring as condition	(b) Cost of monitoring may be assessed as reimbursement fees or ordered paid directly by the defendant as a condition of bond.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 17.44(c),(e)	Home confinement, electronic monitoring, and drug testing as condition	(c) The magistrate may revoke the bond and order the defendant arrested if the defendant: (1) violates a condition of home confinement and electronic monitoring; (3) fails to pay the + See more reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered. (e) The cost of electronic monitoring or testing for controlled substances under this article may be assessed as a reimbursement fee or ordered paid directly by the defendant as a condition of bond.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 17.441(d)	Conditions requiring motor vehicle ignition interlock	(d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device. If the magistrate designates an agency under this subsection, in + See more each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a fee to the designated agency in the amount set by the magistrate. The defendant shall pay the initial fee at the time the agency verifies the installation of the device. In each subsequent month during which the defendant is required to pay a fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service. The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost incurred by the designated agency in conducting the verification or providing the monitoring service, as applicable in that county.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42.035(c),(e)	Electronic monitoring; house arrest	(c) The court may require the defendant to pay to the community supervision and corrections department or the county any reasonable cost incurred because of the defendant's participation in the + See more house arrest program, including the cost of electronic monitoring. (e) A court may revoke a defendant's participation in an electronic monitoring program and require the defendant to serve the remainder of the defendant's sentence of confinement in county jail if the defendant violates a condition imposed by a court under this article, including a condition requiring the defendant to pay for participating in the program under Subsection (c).	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42A.651(a)	Payment as Condition of Community Supervision	(a) A judge may not order a defendant to make a payment as a term or condition of community supervision, except for: (1) the payment of fines, court costs, or + See more restitution to the victim; (2) reimbursement of a county as described by Article 42A.301(b)(11) ; or (3) a payment ordered as a condition that relates personally to the rehabilitation of the defendant or that is otherwise expressly authorized by law.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	ATex. Code Crim. Proc. Art. 42A.653(a)	Additional Monthly Fee for Certain Sex Offenders	(a) A judge who grants community supervision to a defendant convicted of an offense under Section 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require as a + See more condition of community supervision that the defendant pay to the defendant's supervision officer a community supervision fee of $5 each month during the period of community supervision.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 102.012(a)	Fees for Pretrial Intervention Programs	(a) A court that authorizes a defendant to participate in a pretrial intervention program established under Section 76.011, Government Code, may order the defendant to pay to the court a + See more supervision fee in an amount not more than $60 per month as a condition of participating in the program.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Washington DC	DC ST § 16-706	Enforcement of judgments; commitment upon non-payment of fine	The Superior Court may enforce any of its judgments rendered in criminal cases by fine or imprisonment, or both. Except as otherwise provided by law, and subject to the relief + See more provided in section 3569 of title 18, United States Code, in any case where the court imposes a fine, the court may, in the event of default in the payment of the fine imposed, commit the defendant for a term not to exceed one year.	Incarceration	All	No
Add to Dashboard + Create New	Washington DC	DC ST § 50-2301.05	Monetary sanctions and fees (Traffic Adjudication)	(2) In addition to the civil fine, the following penalties may be imposed:(A) In the case of a person receiving a notice of infraction who fails to answer such notice + See more within the time specified by § 50-2302.05(d)(1) and § 50-2303.05(d)(1), a penalty equal to the amount of the civil fine; (B) In the case of a person receiving a notice of infraction who fails to answer such notice by the close of business on the date set for the hearing or who answers but fails without good cause to appear at such hearing, with respect to infractions under subchapter II of this chapter, a penalty equal to twice the amount of the civil fine and, with respect to infractions under subchapter III of this chapter, a penalty equal to the amount of the civil fine plus $5.	Increased fine	Traffic	No
Add to Dashboard + Create New	Washington DC	DC ST § 11-741	Contempt powers (DC Court of Appeals)	(a) Subject to the limitation described in subsection (b), and in addition to the powers conferred by section 402 of title 18, United States Code, the District of Columbia Court + See more of Appeals, or a judge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court.... (3)(A) An individual imprisoned for 6 consecutive months for civil contempt for disobedience of an order in a proceeding described in paragraph (1) who continues to disobey such order may be prosecuted for criminal contempt for disobedience of such order at any time before the expiration of the 12-month period that begins on the first day of such individual's imprisonment, except that an individual so imprisoned as of the date of the enactment of this subsection may be prosecuted under this subsection at any time during the 90-day period that begins on the date of the enactment of this subsection. ...	Incarceration	All	No
Add to Dashboard + Create New	Washington DC	DC ST § 11-944	Contempt power (Superior Court of DC)	(a) Subject to the limitation described in subsection (b), and in addition to the powers conferred by section 402 of title 18, United States Code, the Superior Court, or a + See more judge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court.... (3)(A) An individual imprisoned for 6 consecutive months for civil contempt for disobedience of an order in a proceeding described in paragraph (1) who continues to disobey such order may be prosecuted for criminal contempt for disobedience of such order at any time before the expiration of the 12-month period that begins on the first day of such individual's imprisonment, except that an individual so imprisoned as of the date of the enactment of this subsection may be prosecuted under this subsection at any time during the 90-day period that begins on the date of the enactment of this subsection.	Incarceration	All	No
Add to Dashboard + Create New	Washington DC	DC ST § 15-102	Lien of judgment, decree, or forfeited recognizance	(a) Each --(1) final judgment or decree for the payment of money rendered in the United States District Court for the District of Columbia, or the Superior Court of the + See more District of Columbia, from the date such judgment or decree is filed and recorded in the office of the Recorder of Deeds of the District of Columbia, and (2) recognizance taken by the United States District Court for the District of Columbia, or the Superior Court of the District of Columbia, from the date the entry or order of forfeiture of such recognizance is filed and recorded in the office of the Recorder of Deeds of the District of Columbia, shall constitute a lien on all the freehold and leasehold estates, legal and equitable, of the defendants bound by such judgment, decree, or recognizance, in any land, tenements, or hereditaments in the District of Columbia, whether the estates are in possession or are reversions or remainders, vested or contingent. Such liens on equitable interest may be enforced only by an action to foreclose.	Property liens	All	Yes
Add to Dashboard + Create New	Washington DC	DC ST § 15-320	Enforcement of decrees	a) For the purpose of executing a decree, or compelling obedience to it, the United States District Court for the District of Columbia or the Superior Court of the District + See more of Columbia, in addition to the other procedures provided for by this chapter and Chapter 5 of Title 16, may:(1) issue an attachment against the person of the defendant; (2) order an immediate sequestration of his real and personal estate, or such part thereof as may be necessary to satisfy the decree; or (3) by order and injunction, cause the possession of the estate and effects whereof the possession or a sale is decreed to be delivered to the complainant, or otherwise, according to the tenor and import of the decree and as the nature of the case requires. In case of sequestration, the court may order payment and satisfaction to be made out of the estate and effects so sequestrated, according to the true intent and meaning of the decree. (b) When a defendant is arrested and brought into court upon any process of contempt issued to compel the performance of a decree, the court may, upon motion, order: (1) the defendant to stand committed; or (2) his estates and effects to be sequestrated and payment made, as directed by subsection (a) of this section; or (3) possession of his estate and effects to be delivered by order and injunction, as directed by subsection (a) of this section -- until the decree or order is fully performed and executed, according to the tenor and true meaning thereof, and the contempt cleared. (c) Where a decree only directs the payment of money, the defendant may not be imprisoned except in those cases especially provided for.	Property liens	All	No

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