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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Utah Utah Code Ann. § 77-38a-401 Entry of judgment--Interest--Civil actions--Lien
(1) Upon the court determining that a defendant owes restitution, the clerk of the court shall enter an order of complete restitution as defined in Section 77-38a-302 on the civil
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judgment docket and provide notice of the order to the parties. (2) The order shall be considered a legal judgment, enforceable under the Utah Rules of Civil Procedure. In addition, the department may, on behalf of the person in whose favor the restitution order is entered, enforce the restitution order as judgment creditor under the Utah Rules of Civil Procedure. (3) If the defendant fails to obey a court order for payment of restitution and the victim or department elects to pursue collection of the order by civil process, the victim shall be entitled to recover collection and reasonable attorney fees.
Property liens All Yes
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Utah Utah Code Ann. § 77-18-6.5(2) Liability of rescued person for costs of emergency response
The judgment shall constitute a lien when recorded in the judgment docket and shall have the same effect and is subject to the same rules as a judgment for money
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in a civil action.
Property liens All Yes
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Utah Utah Code Ann. § 77-27-6 Payment of restitution
When the Board of Pardons and Parole orders the release on parole of an inmate who has been sentenced to make restitution pursuant to Title 77, Chapter 38a, Crime Victims
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Restitution Act, or whom the board has ordered to make restitution, and all or a portion of restitution is still owing, the board may establish a schedule, including both complete and court-ordered restitution, by which payment of the restitution shall be made
Payment plan/installment plan All No
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Utah Utah Code Ann. § 76-3-201.1(b) Collection of criminal judgments--installment plan
Criminal judgment accounts receivable means any amount due the state arising from a criminal judgment for which payment has not been received by the state agency that is servicing the
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debt... The court may permit a defendant to pay a criminal judgment account receivable in installments.
Payment plan/installment plan All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--warrants
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
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own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest...(4)(a) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure to make a good faith effort to make the payment, the court may find that the default constitutes contempt. (b) Upon a finding of contempt, the court may order the defendant committed until the criminal judgment account receivable, or a specified part of it, is paid...(5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(d) except as provided in Section 77-18-8[fines issued in addition to imprisonment or in lieu of imprisonment], execute the original sentence of imprisonment
Incarceration All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--collection of civil judgment
Upon default in the payment of a criminal judgment account receivable or upon default in the payment of any installment of that receivable, the criminal judgment account receivable may be
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collected as provided in this section or Subsection 77-18-1(9) or (10), and by any means authorized by law for the collection of a civil judgment.
Property liens All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--compulsory service
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
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own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(f) except as limited by Subsection (6) [restitution], convert the criminal judgment account receivable or any part of it to compensatory service
Community service All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--reduce fines
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
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own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest...
Incarceration All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--extend probation
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
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own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...start the period of probation anew
Condition or extension of supervision All No
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Utah Utah Code Ann. § 53-3-221(3)(a) Offenses that may result in denial, suspension, disqualification, or revocation of license--Additional grounds for suspension The division may suspend the license of a person under Subsection (1) when the division has been notified by a court that the person has an outstanding unpaid fine Driver's license suspension/impoundment All No
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Utah Utah Code Ann. § 53-3-221(3)(a) Offenses that may result in denial, suspension, disqualification, or revocation of license--Additional grounds for suspension
The division may suspend the license of a person under Subsection (1) when the division has been notified by a court that the person has . . . an
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outstanding incomplete restitution requirement
Driver's license suspension/impoundment All No
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Utah Utah Code Ann. § 77-18-6(2)(a) Judgment to pay fine or restitution constitutes a lien When a fine, forfeiture, surcharge, cost, fee, or restitution is recorded in the registry of civil judgments, the judgment: (a) constitutes a lien Property liens All No
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Utah Utah Code Ann. § 77-18-8 Fine not paid--Commitment
If a defendant fails to pay the fine and thereafter the court finds that the defendant failed to make a good faith effort to pay the fine, the court may,
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after a hearing, order the execution of the suspended jail or prison sentence. If a defendant is sentenced to pay a fine only or is sentenced to jail or prison and a fine, with neither suspended, he shall not later be committed to jail for failure to pay the fine.
Incarceration All No
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Utah Utah Code Ann. § 77-32a-6 Payment as condition of probation or suspended sentence
When a defendant sentenced to pay costs is also placed on probation or imposition or execution of sentence is suspended, the court may make payment of costs a condition of
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probation or suspension of sentence.
Condition or extension of supervision All No
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Utah Utah Code Ann. § 77-32a-10 Imprisonment for contempt
The term of imprisonment for contempt for nonpayment of costs shall be set forth in the commitment order, and shall not exceed one day for each $25 of the costs,
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30 days if the costs were imposed upon conviction of a misdemeanor, or six months in the case of a felony, whichever is the shorter period. A person committed for nonpayment of costs shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order.
Incarceration All Yes
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Utah Utah Code Ann. § 41-1a-1301 Unpaid fees and penalty--Lien--Seizure and sale
Every registration fee and penalty not paid by the due date is a lien upon all: i) the unexempt personal property of the owner or operator of the vehicle, vessel,
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or outboard motor; and ii) interest or equity of the owner or operator in all personal property, including vehicles, vessels, or outboard motors
Property liens Traffic Yes
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Utah Utah Code Ann. § 77-19-1 Judgment for fines or costs --Enforcement
If the judgment is for a fine or costs when allowed by statute and the fine is not paid as ordered by the court, execution or garnishment may be issued
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as on a judgment in a civil action. The prosecuting attorney, upon written request of the court clerk, shall effectuate collection through execution or garnishment when the fine or costs have not been paid as ordered by the court.
Wage/bank account garnishment All No
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Utah Utah Code Ann. § 77-38a-501 Default and sanctions
(1) When a defendant defaults in the payment of a judgment for restitution or any installment ordered, the court, on motion of the prosecutor, parole or probation agent, victim, or
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on its own motion may impose sanctions against the defendant as provided in Section 76-3-201.1. (2) The court may not impose a sanction against the defendant under Subsection (1) if: (a) the defendant's sole default in the payment of a judgement for restitution is the failure to pay restitution ordered under Subsection 76-3-201(6) regarding costs of incarceration in a county correctional facility; and (b) the sanction would extend the defendant's term of probation or parole.
Increased fine All No
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Utah Utah Code Ann. § 77-38a-502 Collection from inmate offenders
In addition to the remedies provided in Section 77-38a-501, the department upon written request of the prosecutor, victim, or parole or probation agent, shall collect restitution from offender funds held
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by the department as provided in Section 64-13-23.
Wage/bank account garnishment All Yes
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Utah Utah Code Ann. § 77-38a-601 Preservation of assets
Prior to or at the time a criminal information, indictment charging a violation, or a petition alleging delinquency is filed, or at any time during the prosecution of the case,
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a prosecutor may, if in the prosecutor's best judgment there is a substantial likelihood that a conviction will be obtained and restitution will be ordered in the case, petition the court to: (a) enter a temporary restraining order, an injunction, or both; (b) require the execution of a satisfactory performance bond; or (c) take any other action to preserve the availability of property which may be necessary to satisfy an anticipated restitution order.
Property liens All No