50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
State
- Alabama (2)
- Alaska (1)
- Arizona (15)
- Arkansas (12)
- California (6)
- (-) Colorado (6)
- Connecticut (15)
- Delaware (7)
- Florida (33)
- Georgia (5)
- Hawaii (5)
- Idaho (3)
- Illinois (6)
- Indiana (7)
- Iowa (5)
- Kansas (7)
- Kentucky (4)
- Louisiana (14)
- Maine (6)
- Maryland (0)
- Massachusetts (3)
- Michigan (5)
- Minnesota (2)
- Mississippi (7)
- Missouri (6)
- Montana (9)
- (-) Nebraska (8)
- Nevada (7)
- New Hampshire (5)
- New Jersey (5)
- New Mexico (7)
- New York (7)
- North Carolina (4)
- North Dakota (4)
- Ohio (4)
- Oklahoma (13)
- Oregon (1)
- Pennsylvania (6)
- Rhode Island (3)
- South Carolina (21)
- South Dakota (7)
- Tennessee (9)
- Texas (24)
- Utah (12)
- Vermont (2)
- Virginia (21)
- Washington (22)
- Washington DC (4)
- West Virginia (6)
- Wisconsin (8)
- Wyoming (8)
Keyword search
Reset
Reset all filtersType of poverty penalty or poverty trap
- Civil judgment (0)
- Collection fee/interest (1)
- Community service (1)
- Condition or extension of supervision (3)
- Driver's license suspension/impoundment (0)
- Extension of probation/supervision (0)
- Incarceration (6)
- Increased fine (1)
- Other (1)
- Payment plan/installment plan (1)
- Property liens (1)
- Wage/bank account garnishment (1)
- Work program/jail industry program (1)
Narrrow results
Level of Offense
Below are the poverty penalties and poverty traps that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
14 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
Colorado | Colo. Rev. Stat. § 16-11-101.6(6)(a) | Collection of Fines and Fees - Methods - Charges - Judicial Collection Enhancement Fund |
The judicial department may enter into a memorandum of understanding with the state treasurer, acting as the administrator of unclaimed property under the "Unclaimed Property Act", article 13 of title 38, C.R.S., for the purpose of offsetting against a claim for unclaimed property the amount of outstanding fines, fees, costs, or surcharges owed pursuant to law or an order entered by a court of this state by the person claiming unclaimed property. When an offset is to be made, the judicial department or the court to which the fines, fees, costs, or surcharges are owed shall notify the defendant in writing that the state intends to offset the defendant's outstanding fines, fees, costs, or surcharges against his or her claim for unclaimed property.
|
Property liens | All | No |
|
Add to Dashboard
|
Colorado | Colo. Rev. Stat. § 16-11-101.8(1) | State Income Tax Refund Offsets - Fines, Fees, Costs, or Surcharges - Definitions |
In any case in which a defendant has an unsatisfied fine, fee, cost, or surcharge obligation imposed pursuant to law or a court order, the judicial department is authorized to transmit data concerning the obligation to the department of revenue for the purpose of conducting a data match and offsetting the obligation against a state income tax refund pursuant to section 39-21-108(3), or lottery winnings pursuant to section 44-40-114.
|
Wage/bank account garnishment | All | No |
|
Add to Dashboard
|
Colorado | Colo. Rev. Stat. § 18-1.3-207(2) | Work and Education Release Programs |
All employment income of a probationer participating in a work release program shall be received and deposited by the probation officer in the registry of the court. |
Work program/jail industry program | All | Yes |
|
Add to Dashboard
|
Colorado | Colo. Rev. Stat. § 18-1.3-702(3)(b) | Monetary Payments - Due Process Required |
Except in the case of a corporation, if the defendant failed to pay a monetary amount due and the record indicates that the defendant has willfully failed to pay that monetary amount, the court, when appropriate, may consider a motion to impose part or all of a suspended sentence, may consider a motion to revoke probation, or may institute proceedings for contempt of court.
|
Condition or extension of supervision | All | No |
|
Add to Dashboard
|
Colorado | Colo. Rev. Stat. § 18-1.3-702(2)(c) | Monetary Payments - Due Process Required |
If the defendant has the ability to pay the monetary amount as directed by the court or the court's designee but willfully fails to pay, the defendant may be imprisoned for failure to comply with the court's lawful order to pay pursuant to the terms of this section.
|
Incarceration | All | No |
|
Add to Dashboard
|
Colorado | Colo. Rev. Stat. § 18-1.3-702(5) | Monetary Payments - Failure to Pay |
(5) If the court finds a defendant in contempt of court for willful failure to pay, the court may direct that the defendant be imprisoned until the monetary payment ordered by the court is made, but the court shall specify a maximum period of imprisonment subject to the following limits: (a) When the monetary amount was imposed for a felony, the period shall not exceed one year; (b) When the monetary amount was imposed for a misdemeanor, the period shall not exceed one-third of the maximum term of imprisonment authorized for the misdemeanor; (c) When the monetary amount was imposed for a petty offense, a traffic violation, or a violation of a municipal ordinance, any of which is punishable by a possible jail sentence, the period shall not exceed fifteen days; (d) There shall be no imprisonment in those cases when no imprisonment is provided for in the possible sentence; and (e) When a sentence of imprisonment and a monetary amount was imposed, the aggregate of the period and the term of the sentence shall not exceed the maximum term of imprisonment authorized for the offense.
|
Incarceration | All | No |
|
Add to Dashboard
|
Nebraska | Neb. Rev. Stat. § 29-2206(1) | Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator’s license. |
(1)(a) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand committed and be imprisoned in the jail of the proper county until the fines or costs are paid or secured to be paid or the offender is otherwise discharged according to law if the court or magistrate determines that the offender has the financial ability to pay such fines or costs.
|
Incarceration | All | No |
|
Add to Dashboard
|
Nebraska | Neb. Rev. Stat. § 29-2206(2) | Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator’s license |
(2) If the court or magistrate determines, pursuant to subsection (1) of this section, that an offender is financially unable to pay such fines or costs in one lump sum but is financially capable of paying in installments, the court or magistrate shall make arrangements suitable to the court or magistrate and to the offender by which the offender may pay in installments. The court or magistrate shall enter an order specifying the terms of such arrangements and the dates on which payments are to be made. When the judgment of conviction provides for the suspension or revocation of a motor vehicle operator’s license and the court authorizes the payment of fines or costs by installments, the revocation or suspension shall be effective as of the date of judgment.
|
Payment plan/installment plan | All | Yes |
|
Add to Dashboard
|
Nebraska | Neb. Rev. Stat. § 29-2206(3) | Alternative to lump sum/installment payments |
As an alternative to a lump-sum payment or as an alternative or in conjunction with installment payments, the court or magistrate may deduct fines or costs from a bond posted by the offender to the extent that such bond is not otherwise encumbered by a valid lien, levy, execution, or assignment to counsel of record or the person who posted the bond.
|
Other | All | No |
|
Add to Dashboard
|
Nebraska | Neb. Rev. Stat. § 29-2206.01 | Fine and costs; payment of installments; violation; penalty |
Installments provided for in section 29-2206 shall be paid pursuant to the order entered by the court or magistrate. Any person who fails to comply with the terms of such order shall be liable for punishment for contempt, unless such person has the leave of the court or magistrate in regard to such noncompliance or such person requests a hearing pursuant to section 29-2412 and establishes at such hearing that he or she is financially unable to pay.
|
Incarceration, Increased fine | All | Yes |
|
Add to Dashboard
|
Nebraska | Neb. Rev. Stat. § 29-2412 (3) | Fine and costs; nonpayment; commutation upon confinement; credit; amount |
(1) (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due date of such fines or costs, or for failure to comply with the terms of an order pursuant to sections 29-2206 and 29-2206.01, shall be entitled to a hearing on the first regularly scheduled court date following the date of arrest.
(b) If the court or magistrate determines that the person is financially able to pay the fines or costs and the person refuses to pay, the court or magistrate may: (i) Order the person to be confined in the jail of the proper county until the fines or costs are paid or secured to be paid or the person is otherwise discharged pursuant to subsection (4) of this section; or (ii) Enter an order pursuant to subdivision (1)(d) of this section discharging the person of such fines or costs and order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279; (3) Nothing in this section shall authorize any person to be discharged from imprisonment before the expiration of the time for which he or she may be sentenced to be imprisoned as part of his or her punishment (4) (a) Any person held in custody for nonpayment of fines or costs or for default on an installment shall be entitled to a credit on the fines, costs, or installment of one hundred fifty dollars for each day so held. (b) In no case shall a person held in custody for nonpayment of fines or costs be held in such custody for more days than the maximum number to which he or she could have been sentenced if the penalty set by law includes the possibility of confinement. |
Community service, Incarceration | All | No |
|
Add to Dashboard
|
Nebraska | Neb. Rev. Stat. § 29-2404 | Misdemeanor cases; fines and costs; judgment; levy; commitment |
In all cases of misdemeanor in which courts or magistrates shall have power to fine any offender, and shall render judgment for such fine, it shall be lawful to issue executions for the same, with the costs taxed against the offender, to be levied on the goods and chattels of any such offender, and, for want of the same, upon the body of the offender, who shall, following a determination that the offender has the financial ability to pay such fine pursuant to section 29-2412, be committed to the jail of the proper county until the fine and costs be paid, or secured to be paid, or the offender be otherwise discharged according to law.
|
Collection fee/interest, Incarceration | Misdemeanor | Yes |
|
Add to Dashboard
|
Nebraska | Neb. Rev. Stat. § 29-2262(2)(l)-(m),(s)-(t) | Probation; conditions |
(2) The court may, as a condition of a sentence of probation, require the offender: for tests to determine the presence of drugs or alcohol, psychological evaluations, offender assessment screens, and rehabilitative services required in the identification, evaluation, and treatment of offenders if such offender has the financial ability to pay for such services;
(s) To make restitution as described in sections 29-2280 and 29-2281; or (t) To pay for all costs imposed by the court, including court costs and the fees imposed pursuant to section 29-2262.06. |
Condition or extension of supervision | All | No |
|
Add to Dashboard
|
Nebraska | Neb. Rev. Stat. § 29-2262.06(1),(5) | Fees; waiver; when; failure to pay; effect |
(1) Except as otherwise provided in this section, whenever a district court or county court sentences an adult offender to probation, the court shall require the probationer to pay a one-time administrative enrollment fee and thereafter a monthly probation programming fee.
(5) If a probationer defaults in the payment of monthly probation programming fees or any installment thereof, the court may revoke his or her probation for nonpayment, except that probation shall not be revoked nor shall the offender be imprisoned for such nonpayment if the probationer is financially unable to make the payment, if he or she so states to the court in writing under oath, and if the court so finds after a hearing. |
Condition or extension of supervision | All | No |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.