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
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Ohio Ohio Rev. Code § 2949.15 Writs of execution to issue

If a nonindigent person convicted of a felony fails to pay the costs of prosecution pursuant to section 2949.14 of the Revised Code, the clerk of the court of common

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pleas shall forthwith issue to the sheriff of the county in which the indictment was found, and to the sheriff of any other county in which the person has property, executions against his property for fines and the costs of prosecution, which shall be served and returned within ten days, with the proceedings of such sheriff or the certification that there is no property upon which to levy, indorsed thereon. When a levy is made upon property under such execution, a writ shall forthwith be issued by the clerk for the sale thereof, and such sheriff shall sell the property and make return thereof, and after paying the costs of conviction, execution, and sale, pay the balance to the person authorized to receive it.

Property liens All Yes
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Ohio Ohio Rev. Code § 2949.09 Execution for fine and costs

When a judge or magistrate renders judgment for a fine, an execution may issue for such judgment and costs of prosecution, to be levied on the property, or in default

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thereof, upon the body of the defendant for nonpayment of the fine. The officer holding such writ may arrest such defendant in any county and commit him to the jail of the county in which such writ issued, until such fine is paid or secured to be paid or he is otherwise legally discharged.

Property liens All No
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Ohio Ohio Rev. Code § 2929.18(D)(2)(a) 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

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following: (a) An execution against the property of the judgment debtor under Chapter 2329. of the Revised Code.

Property liens Felony No
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Ohio Ohio Rev. Code § 2929.18(D)(2)(d) 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

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following: (d) The attachment of the property of the judgment debtor under Chapter 2715. of the Revised Code;

Property liens Felony No
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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

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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
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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

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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
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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

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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
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Virginia Va. Code Ann. § 8.01-458 Property Lien
Every judgment for money rendered in this Commonwealth by any state or federal court or by confession of judgment, as provided by law, shall be a lien on all the
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real estate of or to which the defendant in the judgment is or becomes possessed or entitled, from the time such judgment is recorded on the judgment lien docket of the clerk's office of the county or city where such land is situated
Property liens All Yes
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Virginia Va. Code Ann. § 8.01-466 Execution of writ of fieri facias
On a judgment for money, it shall be the duty of the clerk of the court in which such judgment was rendered, upon request of the judgment creditor, his assignee
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or his attorney, to issue a writ of fieri facias at the expiration of twenty-one days from the date of the entry of the judgment and place the same in the hands of a proper person to be executed and take his receipt therefor.
Property liens All Yes
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Virginia Va. Code Ann. § 8.01-478 Liens on money and bank notes
The writ of fieri facias may be levied as well on the current money and bank notes, as on the goods and chattels of the judgment debtor, except such as
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are exempt from levy under Title 34, and shall bind what is capable of being levied on only from the time it is actually levied by the officer to whom it has been delivered to be executed.
Property liens All No
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Wyoming Wyo. Stat. Ann. § 6-6-207 Assessment of tax when permanent injunction issues; collection; continuing liability for other penalties

Whenever a permanent injunction issues against any person for maintaining a nuisance or against the owner or agent of any building kept or used for the purposes prohibited by this

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article, there shall be assessed against the building and the ground upon which it is located and against the person or persons maintaining the nuisance, and the owner or agent of the premises, a tax of three hundred dollars ($300.00). The assessment of the tax shall be made by the assessor of the county in which the nuisance exists and shall be made within three (3) months from the date of granting of the permanent injunction. If the assessor fails or neglects to make the assessment, it shall be made by the sheriff of the county and a return of the assessment shall be made to the county treasurer. The tax may be enforced and collected in the manner prescribed for the collection of taxes under the general revenue laws and shall be a perpetual lien upon all property, both personal and real used for the purpose of maintaining the nuisance. The payment of the tax does not relieve the person or building from any other penalties provided by law and when collected shall be applied and distributed in the manner prescribed by law for the application and distribution of monies arising from the collection of fines and penalties in criminal cases.

Collection fee/interest, Property liens All Yes
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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

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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