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	Pennsylvania	Pa. R. Crim. P. 430(B)(4)	Failure to respond to traffic citation	(4) that failure to respond to the citation as provided above within the time specified: (a) shall result in the issuance of + See more a summons when a violation of an ordinance or any parking offense is charged, or when the defendant is under 18 years of age, and in all other cases shall result in the issuance of a warrant for the arrest of the defendant; and (b) shall result in the suspension of the defendant’s driver’s license when a violation of the Vehicle Code is charged;	Driver's license suspension/impoundment	Traffic	Yes
Add to Dashboard + Create New	Pennsylvania	42 Pa. Stat. Ann. § 9730(b)(2)	Failure to pay court costs, restitution and fines	(b) Procedures regarding default.--(1) If a defendant defaults in the payment of a fine, court costs or restitution after imposition of sentence, the issuing authority or a senior judge or + See more senior magisterial district judge appointed by the president judge for the purposes of this section may conduct a hearing to determine whether the defendant is financially able to pay. (2) If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is financially able to pay the fine or costs, the issuing authority, senior judge or senior magisterial district judge may turn the delinquent account over to a private collection agency or impose imprisonment for nonpayment, as provided by law.	Incarceration	All	No
Add to Dashboard + Create New	Pennsylvania	42 Pa. Stat. Ann. § 9730	Failure to pay court costs, restitution and fines	(b) Procedures regarding default.-- . . . (3) If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay + See more the fine or costs immediately or in a single remittance, the issuing authority, senior judge or senior magisterial district judge may provide for payment in installments. In determining the appropriate installments, the issuing authority, senior judge or senior magisterial district judge shall consider the defendant's financial resources, the defendant's ability to make restitution and reparations and the nature of the burden the payment will impose on the defendant. If the defendant is in default of a payment or advises the issuing authority, senior judge or senior magisterial district judge that default is imminent, the issuing authority, senior judge or senior magisterial district judge may schedule a rehearing on the payment schedule. At the rehearing the defendant has the burden of proving changes of financial condition such that the defendant is without the means to meet the payment schedule. The issuing authority, senior judge or senior magisterial district judge may extend or accelerate the schedule, leave it unaltered or sentence the defendant to a period of community service as the issuing authority, senior judge or senior magisterial district judge finds to be just and practicable under the circumstances.	Community service	All	No
Add to Dashboard + Create New	Pennsylvania	42 Pa. Stat. Ann. § 9730	Failure to pay court costs, restitution and fines	(b) Procedures regarding default.-- . . . (3) If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay + See more the fine or costs immediately or in a single remittance, the issuing authority, senior judge or senior magisterial district judge may provide for payment in installments. In determining the appropriate installments, the issuing authority, senior judge or senior magisterial district judge shall consider the defendant's financial resources, the defendant's ability to make restitution and reparations and the nature of the burden the payment will impose on the defendant. If the defendant is in default of a payment or advises the issuing authority, senior judge or senior magisterial district judge that default is imminent, the issuing authority, senior judge or senior magisterial district judge may schedule a rehearing on the payment schedule. At the rehearing the defendant has the burden of proving changes of financial condition such that the defendant is without the means to meet the payment schedule. The issuing authority, senior judge or senior magisterial district judge may extend or accelerate the schedule, leave it unaltered or sentence the defendant to a period of community service as the issuing authority, senior judge or senior magisterial district judge finds to be just and practicable under the circumstances.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Pennsylvania	42 Pa. Stat. Ann. § 9772	Failure to pay fine	Unless there is proof that failure to pay a fine or that portion of the fine that is due is excusable, the court may after a hearing find the defendant + See more guilty of contempt and sentence him to not more than six months imprisonment, if a term of confinement of that amount could have been imposed for the offense charged.	Incarceration	All	No
Add to Dashboard + Create New	Pennsylvania	75 Pa. Stat. Ann. § 1541	Period of disqualification, revocation or suspension of operating privilege	Continued suspension of operating privilege.--A defendant ordered by the court under section 3816 (relating to requirements for driving under influence offenders), as the result of a conviction or Accelerated Rehabilitative + See more Disposition of a violation of section 3802 to attend a treatment program for alcohol or drug addiction must successfully complete all requirements of the treatment program ordered by the court before the defendant's operating privilege may be restored. Successful completion of a treatment program includes the payment of all court-imposed fines and costs, as well as fees to be paid to the treatment program by the defendant. For the purposes of restoring a suspended license, being current on a payment plan shall be considered as a part of a successfully completed program. If a defendant fails to successfully complete the requirements of a treatment program, the suspension shall remain in effect until the defendant completes the program and is otherwise eligible for restoration of his operating privilege. The treatment agency shall immediately notify the court of successful completion of the treatment program. The final decision as to whether a defendant has successfully completed the treatment program rests with the court.	Driver's license suspension/impoundment	Traffic	Yes
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 32-35-60	Installment payments	A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments + See more and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 32-35-62	Failure to pay installments--Suspension of licenses.	In the event the judgment debtor referred to in § 32-35-61 fails to pay any installment as specified by such order, then upon notice of such default, the Department of + See more Public Safety shall forthwith suspend the license or nonresident's operating privilege and the Department of Revenue shall forthwith suspend the registration of the judgment debtor until such judgment is satisfied, as provided in this chapter.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 32-23-4.10	Costs payable to county--Nonpayment punishable by contempt.	In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime for a violation of § 32-23-1 to remit + See more costs in the amount of fifty dollars to the clerk of courts. The clerk of courts shall forward any amount collected pursuant to this section to the county treasurer for deposit in the county general fund. Failure to remit the amount to the clerk of courts in the time specified by the court is punishable by contempt proceedings.	Incarceration	All	Yes
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 23A-47-6	Failure to comply with plan of restitution or of financial obligation constitutes violation of conditions — Modification of plan — Contempt	Failure of any individual in this system to comply with the plan of restitution or plan for financial obligations as approved or modified by the court constitutes a violation of + See more the conditions within this system. Without limitation, the court may modify the plan of restitution or financial obligation, extend the period of time for restitution or financial obligation, or continue the individual in the administrative financial accountability system. If the individual fails to make payment as ordered by the court, the individual may be held in contempt of the court’s order.	Incarceration	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 23A-40-10	Funds of defendant — Order for reimbursement — Applicability — Credit against lien	If the court finds that funds are available for payment from or on behalf of a defendant to carry out, in whole or in part, the provisions of this chapter, + See more the court may order that the funds be paid, as court costs or as a condition of probation, to the court for deposit with the county or municipal treasurer, to be placed in the county or municipal general fund or in the public defender fund in those counties establishing the office pursuant to subdivision 23A-40-7(1) as a reimbursement to the county or municipality to carry out the provisions of this section. The court may also order payment to be made in the form of installments or wage assignments, in amounts set by a judge of the circuit court or a magistrate judge, either during the time a charge is pending or after the disposition of the charge, regardless of whether the defendant has been acquitted or the case has been dismissed by the prosecution or by order of the court. The provisions of this section also apply to persons who have had counsel appointed under chapters 26-7A, 26-8A, 26-8B, and 26-8C. The reimbursement is a credit against any lien created by the provisions of this chapter against the property of the defendant.	Payment plan/installment plan, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 23A-40-11	Lien for cost of provision of counsel — Limitation	A lien, enforceable as provided by this chapter, upon all the property, both real and personal, of any person, including the parents of a minor child, for whom legal counsel + See more or a public defender has been appointed under the provisions of § 23A-40-6, subdivisions 23A-40-7(2) and (3), or § 26-7A-31 may be filed. The services rendered and expenses incurred are a claim against the person and that person's estate, enforceable according to law in an amount to be determined by a judge of the circuit court or a magistrate judge and paid by the county or municipality chargeable for them. A lien on the parents of a minor child pursuant to this section may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs.	Property liens	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 32-35-52	Suspension of license for failure to pay judgment	The Department of Public Safety upon receipt of a certified copy of a judgment shall forthwith suspend the license and any nonresident's operating privilege and the Department of Revenue shall + See more forthwith suspend the registration of any person against whom such judgment was rendered except as provided in §§ 32-35-53 to 32-35-56, inclusive.	Driver's license suspension/impoundment	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 32-35-57	Length of suspension pursuant to Section 32-35-52	A license, registration, and nonresident's operating privilege suspended pursuant to § 32-35-52 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter + See more issued in the name of such person, including any such person not previously licensed, unless and until every such judgment is stayed, satisfied in full, or to the extent provided in § 32-35-59, and until the said person gives proof of financial responsibility subject to the exemptions stated in §§ 32-35-54, 32-35-55, and 32-35-61.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 216-15-7	Resistance to judicial process as misdemeanorEvery person guilty of any contempt of court by intentional disobedience of any process or order lawfully issued by any court is guilty of a + See more Class 2 misdemeanor.	Every person guilty of any contempt of court by intentional disobedience of any process or order lawfully issued by any court is guilty of a Class 2 misdemeanor.	Incarceration	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-27-18.3	Conditions required on probation or suspension of sentence	The conditions of probation imposed pursuant to § 23A-27-12 or 23A-27-13 or the conditions of a suspension of execution imposed pursuant to § 23A-27-18 may provide in addition to any + See more other conditions, as an explicit condition of probation, suspended imposition of sentence, or suspended execution of sentence that the defendant: (1) Pay a fine or perform community service work as directed by the court; or (2) Receive treatment for chemical dependency at any South Dakota treatment facility accredited pursuant to § 34-20A-27 and reimburse the county for costs of treatment ordered by the court; or (3) Make restitution pursuant to the provisions of chapter 23A-28.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-27-25.4	Default in payment of fine or costs and restitution	If a defendant sentenced to pay a fine, costs, or restitution, defaults in the timely payment thereof, the court may, upon its own motion or upon motion of the state's + See more attorney, require the defendant to show cause why he should not be imprisoned or jailed for nonpayment. The court may issue a warrant of arrest, bench warrant, or order to show cause for the defendant's appearance.	Incarceration	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-27-25.5	Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served	No defendant may be imprisoned or jailed for failure to pay a fine, costs, or restitution or have any suspended prison or jail sentence revoked without a prior hearing. At + See more the hearing, the defendant has the burden of proof to establish to the reasonable satisfaction of the magistrate or circuit judge that the defendant did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution. Failure by the defendant to make such a showing is grounds for being imprisoned or jailed. If the sentence provided for payment of fine or costs only, the term of jail or imprisonment may be no longer than the number of days equal to the total amount of the fine or costs imposed divided by sixty. For purposes of making this computation, any fraction of less than one day shall be dropped from the term of imprisonment. In no event may such imprisonment for failure to pay the fine, costs, and restitution together with all other time served or to be served exceed the maximum allowed by statute. If the defendant establishes that nonpayment was not willful or that the defendant did make a bona fide effort to pay, the defendant may not be imprisoned or jailed for nonpayment. The magistrate or circuit judge shall consider other alternatives which take into account the state's interest in punishment and deterrence. The court shall make findings in its decision.	Incarceration	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-28-8	Failure to comply as violation of conditions of probation--Modification of plan by court--Contempt	Failure of the defendant to comply with § 23A-28-3 or to comply with the plan of restitution as approved or modified by the court constitutes a violation of the conditions + See more of probation. Without limitation, the court may modify the plan of restitution or extend the period of time for restitution, regardless of whether the defendant is no longer on probation. If the defendant fails to make payment as ordered by the court, the defendant may be held in contempt of the court's order.	Condition or extension of supervision, Extension of probation/supervision, Incarceration, Payment plan/installment plan	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-28-7	Compliance with restitution plan as condition of probation or suspension--Payments to clerk	Compliance with the plan of restitution as approved or modified by the court shall be a condition of the defendant's probation or suspension. Restitution payments shall be made to the + See more office of the clerk unless otherwise ordered by the court.	Condition or extension of supervision	All	No

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