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. § 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. § 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. § 77-32a-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. § 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