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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 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, + See more 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.	Collection fee/interest, Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	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, + See more and if the fine is collected upon the execution, the convict shall not be further detained on account thereof.	Incarceration	All	No
Add to Dashboard + Create New	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 + See more 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.	Incarceration	All	Yes
Add to Dashboard + Create New	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 + See more or performance of the restitution authorized, may be prosecuted for contempt.	Incarceration	All	No
Add to Dashboard + Create New	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 + See more 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.	Incarceration	All	No
Add to Dashboard + Create New	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 + See more time on payment of the balance of the fine, after deducting $150 for each day such person has been imprisoned under the sentence.	Incarceration	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-05(3)	Imposition of fine--Response to nonpayment	3. If the defendant does not pay the fine, or make any required partial payment, the court, upon motion of the prosecuting attorney or on its own motion, may issue + See more an order to show cause why the defendant should not be imprisoned for nonpayment. Unless the defendant shows that his default is excusable, the court may sentence him to the following periods of imprisonment for failure to pay a fine:a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty days. b. If the defendant was convicted of a felony, to a period not to exceed six months.	Incarceration	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 12.1-32-05(3)	Imposition of fine--Response to nonpayment	If the defendant does not pay the fine, or make any required partial payment, the court, upon motion of the prosecuting attorney or on its own motion, may issue an + See more order to show cause why the defendant should not be imprisoned for nonpayment. Unless the defendant shows that his default is excusable, the court may sentence him to the following periods of imprisonment for failure to pay a fine: a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty days. b. If the defendant was convicted of a felony, to a period not to exceed six months.	Incarceration	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 29-27-03	Judgment for imprisonment or as response to nonpayment of fine	If a judgment is for imprisonment, initially or as response to nonpayment of a fine in accordance with section 12.1-32-05, the defendant forthwith must be committed to the custody of + See more the proper officer and be detained by that officer until the judgment is complied with.	Incarceration	All	Yes
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 40-11-12	Commitment of guilty person for nonpayment of fines or costs	Any person upon whom any fine or costs, or both, has been imposed for violation of a municipal ordinance may, after hearing, be committed upon order of the court to + See more jail or other place provided by the municipality for the incarceration of offenders until the fine or costs, or both, are fully paid or discharged by labor as provided in section 40-18-12. The court may not commit a person under this section when the sole reason for the person's nonpayment of fines or costs, or both, is the person's indigence. An order of commitment under this section shall not be for a period in excess of thirty days. As used in this section, “fine” does not include a fee established pursuant to subsection 2 of section 40-05-06.	Incarceration	All	No
Add to Dashboard + Create New	North Dakota	N.D. Cent. Code § 27-10-01.4(1)(b)	Remedial sanctions--Punitive sanctions for nonsummary and summary procedure--Past conduct	1. A court may impose one or more of the following remedial sanctions:b. Imprisonment if the contempt of court is of a type included in subdivision b, c, d, e, + See more or f of subsection 1 of section 27-10-01.1 (providing that contempt of court includes "Intentional nonpayment of a sum of money ordered by the court to be paid in a case when by law execution cannot be awarded for the collection of the sum") The imprisonment may extend for as long as the contemnor continues the contempt or six months, whichever is shorter.	Incarceration	All	No
Add to Dashboard + Create New	North Dakota	S.D. Codified Laws § 223A-28-3	Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole	If the sentencing court orders the defendant to the county jail, suspended imposition of sentence, suspended sentence, or probation, the court may require as a condition that the defendant, in + See more cooperation with the court services officer assigned to the defendant, promptly prepare a plan of restitution, including the name and address of each victim, a specific amount of restitution to each victim, and a schedule of restitution payments.	Condition or extension of supervision	All	No
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 § 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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