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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	New Mexico	N.M. Stat. Ann. § 31-12-3(A),(C)	Paying fines, fees or costs in installments; community service option	A. Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against him, either in addition to or without a term of imprisonment, + See more may in the discretion of the court be allowed to pay such fine, fees or costs in installments of such amounts, at such times and upon such conditions as the court may fix. The defendant may also be required to serve a period of time in labor to be known as “community service” in lieu of all or part of the fine. If unable to pay the fees or costs, he may be granted permission to perform community service in lieu of them as well. The labor shall be meaningful, shall not be suspended or deferred and shall be of a type that benefits the public at large or any public, charitable or educational entity or institution and is consistent with Article 9, Section 14 of the constitution of New Mexico. Any person performing community service pursuant to court order shall be immune from civil liability arising out of the community service other than for gross negligence, shall not be entitled to wages or considered an employee for any purpose and shall not be entitled to workers’ compensation, unemployment or any other benefits otherwise provided by law. Instead, a person who performs community service shall receive credit toward the fine, fees or costs at the rate of the prevailing federal hourly minimum wage. Unless otherwise provided, however, the total fine, fees and costs shall be payable forthwith. C. When a defendant sentenced to pay a fine in installments or ordered to pay fees or costs defaults in payment, the court, upon motion of the prosecutor or upon its own motion, may require the defendant to show cause why his default should not be treated as contumacious and may issue a summons or a warrant of arrest for his appearance. It shall be a defense that the defendant did not willfully refuse to obey the order of the court or that he made a good faith effort to obtain the funds required for the payment. If the defendant’s default was contumacious, the court may order him committed until the fine or a specified part of it or the fees or costs are paid. The maximum term of imprisonment for such contumacious nonpayment shall be specified in the order of commitment.	Community service, Incarceration, Payment plan/installment plan	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-17-1(D)	Restitution Lien	An order requiring an offender to pay restitution, validly entered pursuant to this section, constitutes a judgment and lien against all property of a defendant for the amount the defendant + See more is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property, or for garnishment. A judgment of restitution may be enforced by the state, a victim entitled under the order to receive restitution, a deceased victim's estate or any other beneficiary of the judgment in the same manner as a civil judgment. An order of restitution is enforceable, if valid, pursuant to this section, the Victims of Crime Act or Article 2, Section 24 of the constitution of New Mexico. Nothing in this section shall be construed to limit the ability of a victim to pursue full civil legal remedies.	Civil judgment, Property liens	All	Yes
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 67-7-11	Obstructions and Injuries to Highways: Arrest for violation; seizure of vehicle; fee	Sheriffs, deputy sheriffs, constables, marshals, police officers and all peace officers shall have power to arrest any person violating any provision of this act on view or upon warrant issued + See more by any justice of the peace [magistrate court] or magistrate. Such officers are also authorized and directed to take into custody any vehicle involved in the violation of any provision of this act and hold the same until all fees, fines, costs and damages therefor shall be paid; provided that the owner or person in control of such vehicle may secure its release by furnishing a good and sufficient bond as required by the officer or magistrate before whom the case is prosecuted. The fee for making the arrest of any person violating any provision of this act shall upon conviction of the person or persons arrested be assessed as part of the costs and paid to the officer making such arrest, but shall not exceed one ($1.00) dollar in any case.	Incarceration	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 66-5-30(B)(2)	Authority of division to suspend or revoke license. [Effective October 1, 2019]	B. The division may issue an administrative suspension of the instruction permit, driver’s license or provisional license of a driver without preliminary hearing upon a showing by its records or other + See more sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee has failed to: (2) pay a penalty assessment within thirty days of the date of issuance by the state or a tribe.	Driver's license suspension/impoundment	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-12-3(B)	Paying fines, fees or costs in installments; community service option	The court may at any time revise, modify, reduce or enlarge the amount of the installment or the time and conditions fixed for payment of it.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § § 31-18-15(C)	Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions	A period of parole shall be imposed only for felony convictions wherein a person is sentenced to imprisonment of more than one year, unless the parties to a proceeding agree + See more that a period of parole should be imposed. If a period of parole is imposed, the court shall include in the judgment and sentence of each person convicted and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978 after the completion of any actual time of imprisonment and authority to require, as a condition of parole, the payment of the costs of parole services and reimbursement to a law enforcement agency or local crime stopper program in accordance with the provisions of that section.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-17-1(B),(H)	Victim restituion	B. If the trial court exercises either of the sentencing options under Section 31-20-6 NMSA 1978, the court shall require as a condition of probation or parole that the defendant, + See more in cooperation with the probation or parole officer assigned to the defendant, promptly prepare a plan of restitution, including a specific amount of restitution to each victim and a schedule of restitution payments. H. Failure of the defendant to comply with Subsection B of this section or to comply with the plan of restitution as approved or modified by the court may constitute a violation of the conditions of probation or parole. Without limitation, the court may modify the plan of restitution or extend the period of time for restitution, but not beyond the maximum probation or parole period specified in Section 31-21-10 NMSA 1978.	Condition or extension of supervision, Incarceration	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-17-1	Victim restitution	An order requiring an offender to pay restitution, validly entered pursuant to this section, constitutes a judgment and lien against all property of a defendant for the amount the defendant + See more is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property, or for garnishment. A judgment of restitution may be enforced by the state, a victim entitled under the order to receive restitution, a deceased victim's estate or any other beneficiary of the judgment in the same manner as a civil judgment. An order of restitution is enforceable, if valid, pursuant to this section, the Victims of Crime Act or Article 2, Section 24 of the constitution of New Mexico. Nothing in this section shall be construed to limit the ability of a victim to pursue full civil legal remedies.	Property liens	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-20-5.1	Misdemeanor compliance programs; counties may establish; fees	As a condition of probation, the district or magistrate court may require the defendant to pay a fee of not less than fifteen dollars ($15.00) nor more than fifty dollars + See more ($50.00) per month to the county for a public probation program for the term of the defendant's probation. Money collected by the county pursuant to this subsection shall be used only to operate the misdemeanor compliance program.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-21-10(G)(1)	Parole authority and procedure	G. Pursuant to the provisions of Section 31-18-15 NMSA 1978, the board shall require the inmate as a condition of parole: (1) to pay the actual costs of parole services + See more to the adult probation and parole division of the corrections department for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant's payment of the supervised parole costs shall not be waived unless the board holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the board waives the defendant's payment of the supervised parole costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the board and the board shall hold an evidentiary hearing to determine whether the waiver should be rescinded; and	Condition or extension of supervision	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 33-2-40	Imprisonment for nonpayment of fine or costs attached to prison sentence; maximum	All convicts sentenced to the state penitentiary who have a fine or costs or both attached to such sentence shall not be required to serve more than thirty days for + See more such fine or costs.	Incarceration	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 33-3-11	Jail for nonpayment of fine	A. Whenever any person is committed to jail for nonpayment of any fine or costs or both, he shall be credited with eight times the federal hourly minimum wage a + See more day in reduction thereof for each day or portion of a day of incarceration. When the person has remained incarcerated a sufficient length of time to extinguish the fine or cost or both, computed at this rate, or has paid to the sentencing court the amount of the fine or costs or both, remaining after deducting credit allowed by this section and obtaining from the court an order of release from commitment, the officer having the prisoner in custody shall discharge him from custody under commitment. B. If the person in custody makes an affidavit that he has no property out of which he can pay the fine and costs, either or any part, the prisoner shall not be retained in custody longer than sixty days even though the fine and costs or either exceeds the amount credited toward repayment during those sixty days. The affidavit shall be delivered to the sheriff or jail administrator as defined in Section 4-44-19 NMSA 1978 having custody of the prisoner.	Incarceration	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 35-6-7	Magistrate court; drug court fee; monthly remittances	A. A magistrate court that has an adult drug court program may assess and collect from participants a “drug court fee” of fifty dollars ($50.00) a month. Program fee requirements + See more may be satisfied by community service at the federal minimum wage. Proceeds from the drug court fee shall be deposited in the magistrate drug court fund.	Community service	All	No
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 55-50-507	Community Service Work	By a majority vote of the applicable local legislative body, any county or city may, by resolution or ordinance, establish a program that allows any person who is indigent and + See more who has been convicted of driving while the person's license is cancelled, suspended, or revoked in violation of § 55-50-504(a) to complete community service work in lieu of paying the fines and other costs imposed for the conviction. The community service program shall be administered and monitored by the appropriate entity that administers court-ordered community service within the applicable jurisdiction.	Community service	All	No
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 41-2-129(b)(4)	Compensation and salaries; work release	(4) If the prisoner is gainfully self-employed, the prisoner shall pay for such board, in default of which the prisoner's privilege under §§ 41-2-127 -- 41-2-132 shall be automatically forfeited.	Other	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 41-2-128(5)	Prisoners who may apply for release -- Procedure.	(5) (A) The judge shall, at the time of sentencing, cause the sentencing order to reflect the defendant's cost of incarceration and treatment and shall affix to the order, + See more taking into consideration the defendant's ability to pay, the time and manner in which the costs are to be paid. The court shall enter the necessary orders requiring that the costs of incarceration and treatment be paid or secured, including, but not limited to, orders of probation that include, as a condition thereof, the payment of costs covered by this subdivision (c)(5).	Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-104(b)	Revocation of Driver's License	Whenever a court orders a defendant to pay a fine, imposed as a result of a traffic violation, in installment payments, the court shall revoke the defendant's privilege to operate + See more a motor vehicle in this state upon the failure of the defendant to comply with the order of the court. If the defendant's privilege to operate a motor vehicle has been revoked for the failure to comply with the court order, the privilege shall remain so revoked until the total amount of the fine imposed is paid.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-104(a)	Imprisonment	If the defendant fails to pay the fine as directed, or is unable to pay the fine and so represents upon application to the court, the court, after inquiring into + See more and making further investigation, if any, which it may deem necessary with regard to the defendant's financial and family situation and the reasons for nonpayment of the fine, including whether the nonpayment was contumacious or was due to indigency, may enter any order that it could have entered under § 40-24-101, or may reduce the fine to an amount that the defendant is able to pay, or may direct that the defendant be imprisoned until the fine, or any portion of it, remaining unpaid or remaining undischarged after a pro rata credit for any time that may already have been served in lieu of payments, is paid. The court shall determine and specify, in the light of defendant's situation and means and of defendant's conduct with regard to the nonpayment of the fine, the period of any imprisonment in default of payment of the fine within the limits of the penalties for a Class C misdemeanor.	Incarceration	All	No
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-101(a)	Installments	(a) When any court of this state, including municipal courts for violation of municipal ordinances, imposes a fine upon an individual, the court may direct as follows: (1) That the + See more defendant pay the entire amount at the time sentence is pronounced; (2) That the defendant pay the entire amount at some later date; (3) That the defendant pay the fine in specified portions or installments at designated periodic intervals and that the portions be remitted to a designated official, who shall report to the court in the event of any failure to comply with the order; or (4) Where the defendant is sentenced to a period of probation as well as a fine, that payment of the fine be a condition of the sentence.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Tennessee	Tenn. Code Ann. § 40-24-105(a)	Collection; fines, costs and litigation taxes; license revocation	Unless discharged by payment or service of imprisonment in default of a fine, a fine may be collected in the same manner as a judgment in a civil action. The + See more trial court may also enforce all orders assessing any fine remaining in default by contempt upon a finding by the court that the defendant has the present ability to pay the fine and willfully refuses to pay. Costs and litigation taxes due may be collected in the same manner as a judgment in a civil action, but shall not be deemed part of the penalty, and no person shall be imprisoned under this section in default of payment of costs or litigation taxes. The following shall be the allocation formula for moneys paid into court: the first moneys paid in any case shall first be credited toward payment of litigation taxes and once litigation taxes have been paid, the next moneys shall be credited toward payment of costs; then additional moneys shall be credited toward payment of the fine.	Property liens	All	No

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