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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	Rhode Island	R.I. Gen. Laws. Ann. § 12-19-31	Commitment for nonpayment of fines and costs	Whenever any person shall be committed for nonpayment of fines and costs, the sheriffs of the several counties and their deputies, and the town sergeants and town constables of any + See more town in the several counties, upon due warrant from the court before whom the person has been convicted, may lawfully remove and commit the persons to the adult correctional institutions and they shall be allowed any fees that are now provided by law in similar cases; provided, that in the counties of Newport and Washington, any person before removal from the county of Newport or the county of Washington, in which sentence is entered, may pay the fine and costs into the court or into the office of the clerk of the court in which sentence is imposed and upon payment shall be discharged.	Incarceration	All	No
Add to Dashboard + Create New	Rhode Island	R.I. Gen. Laws. Ann. § 12-21-9	Commitment for failure to obey judgment or sentence	If any person against whom sentence is passed or judgment rendered, under any penal statute, shall refuse or neglect to perform the sentence or to pay the judgment, he or + See more she shall, by order of the court passing the sentence or by the officer charged with the execution issued on the judgment, be committed to the adult correctional institutions, and be imprisoned there until the sentence is performed or he or she is discharged by due course of law.	Incarceration	All	No
Add to Dashboard + Create New	Rhode Island	R.I. Gen. Laws. Ann. § 12-21-1(1)	Methods of recovering fines and forfeitures	Unless otherwise specially provided: (1) All fines of five hundred dollars ($ 500) and under shall be recovered by complaint and summons; (2) All fines of upwards of five hundred dollars ($ 500), by + See more indictment or information; (3) All penalties and pecuniary forfeitures, by action of debt; and (4) All forfeitures of personal property, by complaint and warrant or by information.	Civil judgment, Other	All	Yes
Add to Dashboard + Create New	Rhode Island	R.I. Gen. Laws. Ann. § 12-21-33	Suspension of operators' license for failure to pay costs, fines, fees, or assessments	A judge of the superior or district court or the traffic tribunal may order the suspension of a person's license issued pursuant to chapter 10 of title 31 if the + See more person fails to pay court ordered costs, fines, fees, restitution or assessments within the time period provided for in an order of the court. The judge may order the suspension to be effective until the person complies with the court order.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	Rhode Island	R.I. Gen. Laws. Ann. § 12-25-26	Recovery of victim compensation from offender	Whenever any person is convicted of an offense and compensation is awarded under this chapter or under the 1972 Act for a personal injury or death resulting from the act + See more constituting the offense, the state of Rhode Island shall institute an action against that person for the recovery of the whole or any specified part of the compensation in the superior court of the state of Rhode Island in any county, or in the state or federal court of any other state or district in which that person resides or is found, or make a finding in writing, of the reasons why it is impractical or impossible to institute that action. The office shall pursue the recovery whenever possible in order to provide additional funds for the violent crimes indemnity account. The administrator shall develop rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, to identify those so convicted, determine their ability to compensate the fund, and file whatever action is appropriate to recoup those funds.	Civil judgment, Other	All	Yes
Add to Dashboard + Create New	Rhode Island	R.I. Gen. Laws. Ann. § 12-19-8.1	Conditions of probation	(a) The following shall constitute basic conditions of probation applicable to all defendants upon whom a period of probation has been imposed: (8) Pay restitution, court costs, and fines, if + See more assessed, in one or several sums, based on the defendant's ability to pay; and	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Rhode Island	R.I. Gen. Laws. Ann. § 12-25-26	Recovery from offender	(a) Whenever any person is convicted of an offense and compensation is awarded under this chapter or under the 1972 Act for a personal injury or death resulting from the + See more act constituting the offense, the state of Rhode Island shall institute an action against that person for the recovery of the whole or any specified part of the compensation in the superior court of the state of Rhode Island in any county, or in the state or federal court of any other state or district in which that person resides or is found, or make a finding in writing, of the reasons why it is impractical or impossible to institute that action. The office shall pursue the recovery whenever possible in order to provide additional funds for the violent crimes indemnity account. The administrator shall develop rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, to identify those so convicted, determine their ability to compensate the fund, and file whatever action is appropriate to recoup those funds.	Civil judgment	All	No
Add to Dashboard + Create New	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 more 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. Defray a portion of the prisoner's keep.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	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 more paid 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 + Create New	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 more amount 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 + Create New	Virginia	Va. Code Ann. § 53.1-127.4	Driver's license suspension	No suspension of driving privileges shall be issued by the Department of Motor Vehicles for failure or refusal to provide for immediate payment in full of fees imposed under § + See more 53.1-131.3 or for failure to make payments under a deferred or installment payment agreement unless the sheriff or jail superintendent has (i) entered into an agreement with the Department of Motor Vehicles pursuant to § 46.2-320.2, (ii) has obtained a judgment and court order for suspension or nonrenewal issued by a court of competent jurisdiction, and (iii) has provided to the Commissioner of Motor Vehicles electronic notice of such judgment or default and court order and the person's most current mailing address. The provisions of this section shall apply to all unpaid fees imposed under § 53.1-131.3 provided the sheriff or jail administrator or other entity under a contract pursuant to § 53.1-127.5 informs the person who owes the fees and receives signed certification of understanding at the time the deferred or installment payment agreement is entered into that upon failure or refusal to pay in accordance with the payment agreement the person's privilege to operate a motor vehicle shall be suspended pursuant to the provisions of § 46.2-320.2.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 53.1-127.3	Installment payment agreement	If a person is unable to pay in full the fees owed to the local correctional facility or regional jail pursuant to § 53.1-131.3, the sheriff or jail superintendent shall + See more establish a deferred or installment payment agreement subject to the approval of the general district court. As a condition of every such agreement, a person who enters into a deferred or installment payment agreement shall promptly inform the sheriff or jail superintendent of any change of mailing address during the term of the agreement.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	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 more required 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 + Create New	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 more payroll 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 + Create New	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 more 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 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 + Create New	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 more paid 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 + Create New	Virginia	Va. Code Ann. § 19.2-354(A)	Installment Plan	A. Whenever (i) a defendant, convicted of a traffic infraction or a violation of any criminal law of the Commonwealth or of any political subdivision thereof, or found not innocent + See more in the case of a juvenile, is sentenced to pay a fine, restitution, forfeiture or penalty and (ii) the defendant is unable to make payment of the fine, restitution, forfeiture, or penalty and costs within 30 days of sentencing, the court shall order the defendant to pay such fine, restitution, forfeiture or penalty and any costs which the defendant may be required to pay in deferred payments or installments. The court assessing the fine, restitution, forfeiture, or penalty and costs may authorize the clerk to establish and approve individual deferred or installment payment agreements. Any payment agreement authorized under this section shall be consistent with the Rules of Supreme Court of Virginia, including any required minimum payments or other required conditions. The requirements established by the Rules of Supreme Court of Virginia shall be posted in the clerk's office and on the court's website, if a website is available.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-354(A)	Fee to cover cost of managing installment plan	If the defendant is unable to make payment within 30 days of sentencing, the court may assess a one-time fee not to exceed $10 to cover the costs of management + See more of the defendant's account until such account is paid in full. This one-time fee shall not apply to cases in which costs are assessed pursuant to § 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, or 17.1-275.9.	Collection fee/interest	All	No
Add to Dashboard + Create New	Virginia	Va. Code Ann. § 19.2-354(C)	Community Service	C. The court shall establish a program and may provide an option to any person upon whom a fine and costs have been imposed to discharge all or part of + See more the fine or costs by earning credits for the performance of community service work before or after imprisonment. The program shall specify the rate at which credits are earned and provide for the manner of applying earned credits against the fine or costs. The court shall have such other authority as is reasonably necessary for or incidental to carrying out this program.	Community service	All	No
Add to Dashboard + Create New	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 more of 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

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