Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
State
- Alabama (1)
- Alaska (0)
- Arizona (1)
- Arkansas (2)
- California (0)
- Colorado (4)
- Connecticut (3)
- Delaware (1)
- Florida (9)
- Georgia (1)
- Hawaii (0)
- Idaho (0)
- Illinois (0)
- Indiana (3)
- Iowa (2)
- Kansas (1)
- Kentucky (2)
- Louisiana (1)
- Maine (2)
- Maryland (0)
- Massachusetts (0)
- Michigan (6)
- Minnesota (0)
- Mississippi (0)
- Missouri (4)
- Montana (5)
- Nebraska (0)
- Nevada (4)
- New Hampshire (3)
- New Jersey (0)
- New Mexico (0)
- New York (3)
- North Carolina (1)
- North Dakota (1)
- (-) Ohio (6)
- Oklahoma (1)
- Oregon (4)
- Pennsylvania (1)
- Rhode Island (0)
- South Carolina (8)
- (-) South Dakota (1)
- Tennessee (1)
- Texas (3)
- Utah (2)
- Vermont (0)
- (-) Virginia (10)
- Washington (3)
- Washington DC (0)
- West Virginia (2)
- Wisconsin (2)
- (-) Wyoming (3)
Keyword search
Reset
Reset all filtersType of poverty penalty or poverty trap
- Civil judgment (4)
- Collection fee/interest (4)
- Community service (6)
- Condition or extension of supervision (13)
- Driver's license suspension/impoundment (12)
- Extension of probation/supervision (1)
- Incarceration (18)
- Increased fine (5)
- Other (0)
- Payment plan/installment plan (15)
- Property liens (11)
- (-) Wage/bank account garnishment (20)
- Work program/jail industry program (3)
Narrrow results
Level of Offense
Below are the poverty penalties and poverty traps that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
20 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
Ohio | Ohio Rev. Code § 5120.133 | Transfer of prisoner’s funds to satisfy judgment; exemptions |
(A) The department of rehabilitation and correction, upon receipt of a certified copy of the judgment of a court of record in an action in which a prisoner was a party that orders a prisoner to pay a stated obligation, may apply toward payment of the obligation money that belongs to a prisoner and that is in the account kept for the prisoner by the department. The department may transmit the prisoner's funds directly to the court for disbursement or may make payment in another manner as directed by the court. Except as provided in rules adopted under this section, when an amount is received for the prisoner's account, the department shall use it for the payment of the obligation and shall continue using amounts received for the account until the full amount of the obligation has been paid. No proceedings in aid of execution are necessary for the department to take the action required by this section. (B) The department may adopt rules specifying a portion of an inmate's earnings or other receipts that the inmate is allowed to retain to make purchases from the commissary and that may not be used to satisfy an obligation pursuant to division (A) of this section. The rules shall not permit the application or disbursement of funds belonging to an inmate if those funds are exempt from execution, garnishment, attachment, or sale to satisfy a judgment or order pursuant to section 2329.66 of the Revised Code or to any other provision of law.
|
Wage/bank account garnishment | All | No |
|
Add to Dashboard
|
Ohio | Ohio Rev. Code § 2969.27 | Deductions from judgment awarded to inmate |
If an inmate commences a civil action or appeal against a government entity or employee and is granted a judgment for damages in the civil action or appeal, the court shall order that the following be deducted and paid from the award on a pro rata basis before any payment is made to the inmate or the inmate's counsel: (A) Any fine, court costs, or court-ordered restitution imposed upon the inmate for an offense for which the inmate is confined or for any previous offense committed by the inmate; (B) The amount of an award of reparations made under sections 2743.51 to 2743.71 of the Revised Code to a victim of the inmate relative to the offense for which the inmate is confined or any previous offense committed by the inmate; (C) Any other award ordered by a court against the inmate in any other criminal or civil action or proceeding in any court in this state.
|
Wage/bank account garnishment | All | Yes |
|
Add to Dashboard
|
Ohio | Ohio Rev. Code § 2929.18(D)(2)(e) | Financial sanctions; restitution; reimbursements. |
. . . Once the financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the following: (e) The garnishment of the property of the judgment debtor under Chapter 2716. of the Revised Code.
|
Property liens, Wage/bank account garnishment | Felony | No |
|
Add to Dashboard
|
Ohio | Ohio Rev. Code § 2929.18(D)(3) | Financial sanctions; restitution; reimbursements |
. . . Once the financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the following: (3) Obtain an order for the assignment of wages of the judgment debtor under section 1321.33 of the Revised Code.
|
Wage/bank account garnishment | Felony | No |
|
Add to Dashboard
|
Ohio | Ohio Rev. Code § 2929.32(C)(1)(a) | Additional fine for certain offenders; collection of fines; crime victims recovery fund |
The state may collect the judgment by garnishing, attaching, or otherwise executing against any income, profits, or other real or personal property in which the offender has any right, title, or interest, including property acquired after the imposition of the fine, in the same manner as if the judgment had been rendered against the offender and in favor of the state in a civil action. If the fine is imposed pursuant to division (A)(1) of this section, the moneys collected as a result of the garnishment, attachment, or other execution shall be deposited and distributed as described in divisions (B) and (D) of this section. If the fine is not imposed pursuant to division (A)(1) of this section, the moneys collected as a result of the garnishment, attachment, or other execution shall be distributed as otherwise provided by law for the distribution of money paid in satisfaction of a fine.
|
Wage/bank account garnishment | Felony | No |
|
Add to Dashboard
|
Ohio | Ohio Rev. Code § 2929.26(C) | Community residential sanction |
(C) The court may order that a reasonable portion of the income earned by the offender upon a release pursuant to division (B) of this section be applied to any financial sanction imposed under section 2929.28 of the Revised Code.
|
Wage/bank account garnishment | All | No |
|
Add to Dashboard
|
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, 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
|
Virginia | Va. Code Ann. § 53.1-45.1 | Work program wage garnishment |
C. The Director shall arrange for compensation for such employment. Wages earned by prisoners shall be paid to the Director who shall deduct from such wages, in the following order + See moreof priority, an amount to:1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court; and
3. Defray a portion of the prisoner's keep.
|
Wage/bank account garnishment | All | Yes |
|
Add to Dashboard
|
Virginia | Va. Code Ann. § 53.1-60 | Work release wage garnishment |
C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be + See morepaid to the Director. The Director shall, in accordance with regulations promulgated by the Board, deduct from such wages, in the following order of priority, an amount to:1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court;
|
Wage/bank account garnishment | All | Yes |
|
Add to Dashboard
|
Virginia | Va. Code Ann. § 53.1-60.1 | Inmate trust account garnishment |
Upon receipt of a valid court order or judgment against a person confined in a state correctional facility, the Director or his designee shall satisfy, to the extent possible, the + See moreamount required to be paid by the order or judgment from the inmate's trust account. The Director shall promulgate regulations governing the process of collecting funds from inmates to be used for (i) the satisfaction of judgments or orders granting monetary relief or imposing fines or other monetary sanctions or (ii) payment of court costs and fees.
|
Wage/bank account garnishment | All | Yes |
|
Add to Dashboard
|
Virginia | Va. Code Ann. § 53.1-131 | Work release wage garnishment |
Any wages earned pursuant to this section by an offender may, upon order of the court, be paid to the director or administrator of the program after standard payroll deductions + See morerequired by law. Distribution of such wages shall be made for the following purposes:
1. To pay an amount to defray the cost of his keep;
2. To pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program;
3. To provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance or social services as defined in § 63.2-100; or
4. To pay any fines, restitution or costs as ordered by the court.
|
Wage/bank account garnishment | All | No |
|
Add to Dashboard
|
Virginia | Va. Code Ann. § 53.1-131.2(H) | Work release while on home/electronic incarceration program wage garnishment |
H. Any wages earned by an offender or accused assigned to a home/electronic incarceration program and participating in work release shall be paid to the director or administrator after standard + See morepayroll deductions required by law. Distribution of the money collected shall be made in the following order of priority to:
1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court;
|
Wage/bank account garnishment | All | Yes |
|
Add to Dashboard
|
Virginia | Va. Code Ann. § 53.1-155.1 | Residential community program wage garnishment |
Any wages earned pursuant to this section by a prisoner may be paid to the director or administrator of the program after standard payroll deductions required by law. Distribution of + See moresuch wages shall be made for the following purposes:
1. To pay an amount to defray the cost of his keep;
2. To pay travel and other such expenses made necessary by his work release, employment, or participation in a residential community program or a community-based program;
3. To provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance as defined in § 63.2-100; or
4. To pay any fines, restitution, or costs as ordered by the court.
|
Wage/bank account garnishment | All | No |
|
Add to Dashboard
|
Virginia | Va. Code Ann. § 66-25.1:3(C) | Juvenile work release program wage garnishment |
C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be + See morepaid to the Director. The Director shall, in accordance with regulations promulgated by the Board, deduct from such wages, in the following order of priority, an amount to:
1. Meet the obligation of any judicial or administrative order to provide support, and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution, or costs as ordered by the court; and
3. Pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program.
|
Wage/bank account garnishment | All | Yes |
|
Add to Dashboard
|
Virginia | Va. Code Ann. § 19.2-354(B) | work release, home/electronic incarceration or nonconsecutive days program wage garnishment |
B. When a person sentenced to the Department of Corrections or a local correctional facility owes any fines, costs, forfeitures, restitution or penalties, he shall be required as a condition + See moreof participating in any work release, home/electronic incarceration or nonconsecutive days program as set forth in § 53.1-60, 53.1-131, 53.1-131.1, or 53.1-131.2 to either make full payment or make payments in accordance with his installment or deferred payment agreement while participating in such program....The Director of the Department of Corrections and any sheriff or other administrative head of any local correctional facility shall withhold such ordered payments from any amounts due to such person.
|
Wage/bank account garnishment | All | Yes |
|
Add to Dashboard
|
Virginia | Va. Code Ann. § 58.1-523 | Set off of tax refund |
Subject to the limitations contained in this article, the Department, upon request, shall render assistance in the collection of any delinquent account or debt owing to any claimant agency. This + See moreassistance shall be provided by setting off any refunds belonging to the debtor from the Department by the sum certified by the claimant agency as due and owing.
|
Wage/bank account garnishment | All | No |
|
Add to Dashboard
|
Virginia | Va. Code Ann. § 19.2-305.2 | Order of Restitution |
B. An order of restitution may be docketed as provided in § 8.01-446 when so ordered by the court or upon written request of the victim and may be enforced by a + See morevictim named in the order to receive the restitution in the same manner as a judgment in a civil action.
|
Wage/bank account garnishment | All | No |
|
Add to Dashboard
|
Wyoming | Wyo. Stat. Ann. § 7-18-114 | Record and disbursement of wages; exemption from process; confidentiality of amount |
(a) Wages earned by an inmate, parolee or offender while in an adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed for the purposes provided in this subsection and in the order specified: (i) Personal necessities; (ii) Room and board to the program operator at a rate to be established by the department; (iii) Support of dependent relations; (iv) Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1-40-119, victims compensation obligations under W.S. 1-40-112(g) and the surcharge imposed under W.S. 7-13-1616; (v) Repealed by Laws 1999, ch. 62, § 2. (vi) Costs of health insurance; and (vii) Remaining funds shall be paid to the inmate, parolee or offender upon parole or final discharge.
(b) Wages earned by offenders, other than parolees or inmates, while in a residential adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed only for the purposes and in the order specified in subsection (a) of this section unless otherwise ordered by the sentencing court. Any remaining funds shall be paid to the offender upon his satisfactory discharge from the program. Upon revocation of an offender's probation, the program operator shall forward any remaining funds to the court or to the institution to which the offender is sentenced as directed by the court. (c) Program operators shall keep an accurate record and account of all wages earned by inmates, parolees and offenders pursuant to the rules promulgated by the department. (d) The earnings of inmates under this act are not subject to garnishment, attachment or execution. (e) Information relating to the amount of wages earned by an inmate, parolee or offender in an adult community corrections program is confidential and is not subject to public inspection. |
Wage/bank account garnishment | All | Yes |
|
Add to Dashboard
|
Wyoming | Wyo. Stat. Ann. § 7-13-109(b),(c) | Payment of jail costs by inmate |
(b) An order to pay room and board costs under this section shall be included as a special order in the judgment of conviction. To satisfy the order, the clerk of the sentencing court, upon request of the sheriff or prosecuting attorney, may issue execution against any assets of the defendant including wages subject to attachment, in the same manner as in a civil action.
(c) Willful failure or refusal to pay costs ordered under this section is punishable as contempt of court. |
Incarceration, Property liens, Wage/bank account garnishment | All | No |
|
Add to Dashboard
|
Wyoming | Wyo. Stat. Ann. § 7-16-204 | Fines for misconduct |
The department of corrections shall adopt rules and regulations to establish a system for punishing prisoner misconduct through the imposition of fines to be deducted from compensation earned as provided by W.S. 7-16-203. The rules shall provide for the distribution of the proceeds of fines collected under this section as special aid to discharged or paroled prisoners who are infirm or in any way incapable of earning a sufficient subsistence after their release.
|
Wage/bank account garnishment | All | No |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.