Data Explorer: Enforcement Mechanisms | 50 State Criminal Justice Debt Tool

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	Louisiana	CCRP 887 C	Payment plan for fines and costs assessed	...In the event the person is unable to pay the fine when assessed, the court may allow payment within certain time limits, based on the person's ability to pay such + See more costs.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Louisiana	LA Rev Stat §13:1000.13.D	Payment plan for warrant recall fee	In the event that an individual is unable to pay the cost when assessed, the court may allow payment to be deferred within a certain time frame, based on the + See more person's ability to pay the costs.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Louisiana	CCRP 903.3 B	Substance abuse treatment - inability/failure to pay	B. If the defendant does not have the financial resources to pay all the related costs of the probation program, the court may do either of the following: (1) + See more To the extent practicable, arrange for the defendant to be assigned to a treatment program funded by the state or federal government. (2) With the recommendation of the treatment program, order the defendant to perform supervised work for the benefit of the community in lieu of paying all or a part of the costs related to his treatment and supervision. The work shall be performed for and under the supervising authority of a parish, municipality, or other political subdivision or agency of the state or a charitable organization that renders service to the community or its residents.	Work program/jail industry program	All	No
Add to Dashboard + Create New	Louisiana	CCRP 895.1.D	Work program for failure to pay probation fee	The court may, in lieu of the monthly supervision fee provided for in Paragraph C, require the defendant to perform a specified amount of community service work each month if + See more the court finds the defendant is unable to pay the minimum supervision fee provided for in Paragraph C	Work program/jail industry program	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §948.09(6)	Payment for cost of supervision and other monetary obligations	The department shall establish a payment plan for all costs ordered by the courts for collection by the department and a priority order for payments, except that victim restitution payments + See more authorized under s. 948.03(1)(f) take precedence over all other court-ordered payments. The department is not required to disburse cumulative amounts of less than $10 to individual payees established on this payment plan.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §938.30(10)	Financial obligations in criminal cases; supplementary proceedings	In lieu of examining the person, or in addition thereto, the court may order the person to comply with a payment schedule to satisfy the obligation.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §938.30(11)	Financial obligations in criminal cases; supplementary proceedings	Any person failing to appear or willfully failing to comply with an order under this section, including an order to comply with a payment schedule established by the clerk of + See more court, may be held in civil contempt.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §945.091(6)(b)	Extension of the limits of confinement; restitution by employed inmates	An offender who is required to provide restitution or reparation may petition the circuit court to amend the amount of restitution or reparation required or to revise the schedule of + See more repayment established by the department or the Florida Commission on Offender Review.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §776.085(4)(b)	Defense to civil action for damages; party convicted of forcible or attempted forcible felony	The court shall award a reasonable attorney's fee to be paid to the prevailing party in equal amounts by the losing party and the losing party's attorney; however, the losing + See more party's attorney is not personally responsible if he or she has acted in good faith, based on the representations of his or her client. If the losing party is incarcerated for the crime or attempted crime and has insufficient assets to cover payment of the costs of the action and the award of fees pursuant to this paragraph, the party shall, as determined by the court, be required to pay by deduction from any payments the prisoner receives while incarcerated.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §958.12(1)	Participation in certain activities required	(1) A youthful offender shall be required to participate in work assignments, and in career, academic, counseling, and other rehabilitative programs in accordance with this section, including, but not limited + See more to:(a) All youthful offenders may be required, as appropriate, to participate in: 1. Reception and orientation. 2. Evaluation, needs assessment, and classification. 3. Educational programs. 4. Career and job training. 5. Life and socialization skills training, including anger/aggression control. 6. Prerelease orientation and planning. 7. Appropriate transition services. (b) In addition to the requirements in paragraph (a), the department shall make available: 1. Religious services and counseling. 2. Social services. 3. Substance abuse treatment and counseling. 4. Psychological and psychiatric services. 5. Library services. 6. Medical and dental health care. 7. Athletic, recreational, and leisure time activities. 8. Mail and visiting privileges. Income derived by a youthful offender from participation in such activities may be used, in part, to defray a portion of the costs of his or her incarceration or supervision; to satisfy preexisting obligations; to pay fines, counseling fees, or other costs lawfully imposed; or to pay restitution to the victim of the crime for which the youthful offender has been convicted in an amount determined by the sentencing court. Any such income not used for such reasons or not used as provided in s. 946.513 or s. 958.09 shall be placed in a bank account for use by the youthful offender upon his or her release.	Work program/jail industry program	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §960.17(2)	Award constitutes debt owed to state	The court, when placing on probation as provided in chapter 948 any person who owes a debt to the state as a consequence of a criminal act, shall set as + See more a condition of probation the payment of the debt to the state. The court may also set the schedule or amounts of payments, subject to modification based on change of circumstances, unless it finds reasons to the contrary. If the court does not order payment, or orders only partial payment, it shall state on the record the reasons therefor.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §903.286	Return of cash bond; requirement to withhold unpaid fines, fees, court costs; cash bond forms	(1) Notwithstanding s. 903.31(2), the clerk of the court shall withhold from the return of a cash bond posted on behalf of a criminal defendant by a person other than + See more a bail bond agent licensed pursuant to chapter 648 sufficient funds to pay any unpaid costs of prosecution, costs of representation as provided by ss. 27.52 and 938.29, court fees, court costs, and criminal penalties. If sufficient funds are not available to pay all unpaid costs of prosecution, costs of representation as provided by ss. 27.52 and 938.29, court fees, court costs, and criminal penalties, the clerk of the court shall immediately obtain payment from the defendant or enroll the defendant in a payment plan pursuant to s. 28.246. (2) All cash bond forms used in conjunction with the requirements of s. 903.09 must prominently display a notice explaining that all funds are subject to forfeiture and withholding by the clerk of the court for the payment of costs of prosecution, costs of representation as provided by ss. 27.52 and 938.29, court fees, court costs, and criminal penalties on behalf of the criminal defendant regardless of who posted the funds.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §28.246(4)	Payment of court-related fines or other monetary penalties, fees, charges, and costs; partial payments; distribution of funds	The clerk of the circuit court shall accept partial payments for court-related fees, service charges, costs, and fines in accordance with the terms of an established payment plan. An individual + See more seeking to defer payment of fees, service charges, costs, or fines imposed by operation of law or order of the court under any provision of general law shall apply to the clerk for enrollment in a payment plan. The clerk shall enter into a payment plan with an individual who the court determines is indigent for costs. A monthly payment amount, calculated based upon all fees and all anticipated costs, is presumed to correspond to the person’s ability to pay if the amount does not exceed 2 percent of the person’s annual net income, as defined in s. 27.52(1), divided by 12. The court may review the reasonableness of the payment plan.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §775.083(1)	Fines	(1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; + See more when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s.775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine . . . If a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 600.090(2)	Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected	If at any time, either during or after the disposition of his case, such defendant becomes financially able to meet all or some part of the cost of services rendered + See more to him, he shall be required to reimburse the commission in such amounts as he can reasonably pay, either by a single payment or by installments of reasonable amounts, in accordance with a schedule of charges for public defender services prepared by the commission.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 558.004(4)	Imposition of fines	When an offender is sentenced to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If + See more no such provision is made a part of the sentence, the fine shall be payable forthwith.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 546.902	Ordinances, rules and regulations, enactment by municipalities in certain first class counties--penalty for violation, not to conflict with statute--place of imprisonment	Any municipality located within any county of the first classification with a population in excess of nine hundred thousand, for any purpose or purposes mentioned in this chapter, may enact + See more and make all necessary ordinances, rules and regulations; and they may enact and make all such ordinances and rules, not inconsistent with the laws of the state, as may be expedient for maintaining the peace and good government and welfare of the city and its trade and commerce; and all ordinances may be enforced by prescribing and inflicting upon its inhabitants, or other persons violating the same, such fine not exceeding one thousand dollars, and such imprisonment not exceeding three months, or both such fine and imprisonment, as may be just for any offense, recoverable with costs of suit, together with judgment of imprisonment, until the fine and costs are paid or satisfied; and any person committed for the nonpayment of fine and costs, or either, may be compelled to work out the same as herein provided; but, in any case wherein the penalty for an offense is fixed by any statute, the council shall affix the same penalty by ordinance for the punishment of such offense, except that imprisonments, when made under city ordinances, may be in the city prison or workhouse instead of the county jail.	Civil judgment	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-16-101	Persons subject to required work	(a) The sentencing court may require the following persons to perform work pursuant to W.S. 7-16-101 through 7-16-104: (i) Persons sentenced to a definite term of imprisonment in the county jail, + See more whether or not a fine is imposed as a part of the sentence; (ii) Persons committed to jail pursuant to W.S. 6-10-105 for refusal to pay a fine or costs; and (iii) Persons for whom work is imposed as a condition of probation pursuant to W.S. 7-13-304(b). (b) No person charged with a crime and awaiting the action of the grand jury or awaiting trial shall be required to perform work pursuant to W.S. 7-16-101 through 7-16-104.	Condition or extension of supervision, Work program/jail industry program	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-16-104	Labor by prisoners. County jail. Credits.	7-16-104. Credits. (a) The sentencing court may reduce the term of a sentence, fine, costs or attorney fees of a prisoner sentenced to imprisonment or placed on probation, for work + See more performed under W.S. 7-16-101 through 7-16-104. (b) If a reduction is ordered pursuant to subsection (a) of this section, the reduction shall be: (i) At the rate of one (1) day for each eight (8) hours of work performed under W.S. 7-16-101 through 7-16-104, provided the reduction in sentence shall not exceed one-half (1/2) of the original sentence; (ii) In an amount equal to the federal minimum hourly wage for each hour of work performed provided that the total amount of reduction in the fine, costs or attorney fees shall not exceed one-half (1/2) of the total amount of the fine, costs and attorney fees. (c) The court shall direct whether the credits under subsection (b) of this section shall apply against the prisoner's term of imprisonment, his fine, court costs, attorney fees or other fees imposed by the court. (d) A person committed to county jail for refusal to pay a fine or costs shall, in addition to the credit allowed by W.S. 6-10-105, be granted a credit against his fine or costs in an amount equal to the federal minimum hourly wage for each hour of work performed.	Work program/jail industry program	All	Yes
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 31-9-305	Payment of judgments in installments; failure to meet payments	(a) A judgment debtor upon notice to the judgment creditor may apply to the court in which judgment was rendered for the privilege of paying the judgment in installments and + See more the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may order and fix the amounts and times of payment of the installments. (b) The division shall not suspend a license, registration or a nonresident's operating privilege, and shall restore any license, registration or nonresident's operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of the judgment in installments, and while the payment of any installment is not in default. (c) If the judgment debtor fails to pay any installment as specified by the order, then upon notice of default, the division shall suspend the license, registration or nonresident's operating privilege of the judgment debtor until the judgment is fully satisfied, as provided in this act.	Driver's license suspension/impoundment, Payment plan/installment plan	All	No

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