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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Colorado Colo. Rev. Stat. § 17-10-103(1) Action for Reimbursement of Cost of Care

When any person has been sentenced to confinement in a local jail or a correctional facility or to home detention or has been granted probation or has been placed on

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parole by the state board of parole and the sentencing court has not entered an order pursuant to section 18-1.3-701, C.R.S., requiring such person to pay the full cost of care incurred during such person's sentence, the state, the appropriate prosecuting attorney, the department of corrections, the judicial department, or any government agency which has incurred cost of care of such person may file an action for reimbursement for cost of care.

Increased fine All No
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Colorado Colo. Rev. Stat. § 16-11-101.6(1) Collection of Fines and Fees - Methods - Charges - Judicial Collection Enforcement Fund

If the defendant is assessed any fines, fees, costs, surcharges, or other monetary assessments with regard to the sentencing, disposition, or adjudication of a felony, misdemeanor, juvenile delinquency petition, petty

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offense, traffic offense, or traffic infraction and does not pay all amounts assessed in full on the date of the assessment, the defendant shall pay to the clerk of the court an additional time payment fee of twenty-five dollars. The time payment fee may be assessed once per case; except that, if amounts owed in the case have still not been paid in full one year after the date of the assessment, said fee shall be assessed annually until the defendant has fully satisfied his or her financial obligation in the case. In addition, there may be assessed against a defendant a late penalty fee of ten dollars each time a payment toward the fines, fees, costs, surcharges, or other amounts owed is not received on or before the date due.

Collection fee/interest All Yes
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Colorado Colo. Rev. Stat. § 16-11-101.6(3) Collection of Fines and Fees - Methods - Charges - Judicial Collection Enhancement Fund

Any fees or costs of the private counsel or collection agency shall also be added to the amount due, but such fees and costs shall not exceed twenty-five percent of

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the amount collected.

Collection fee/interest All No
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Colorado Colo. Rev. Stat. § 16-11-101.6(4)(a) Collection of Fines and Fees - Methods - Charges - Judicial Collection Enhancement Fund

On past due orders, the court may, on its own motion or through the use of a collections investigator, direct that a certain portion of a defendant's earnings, not to

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exceed fifty percent, be withheld and applied to any unpaid fines or fees, if such an order does not adversely impact the defendant's ability to comply with other orders of the court. An attachment of earnings under this section may be modified to a lesser or greater amount based upon changes in a defendant's circumstances as long as the amount withheld does not exceed fifty percent and may be suspended or cancelled at the court's discretion.

Wage/bank account garnishment All No
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Colorado Colo. Rev. Stat. § 16-11-101.6(5) Collection of Fines and Fees - Methods - Charges - Judicial Collection Enhancement Fund

During any period of time that a defendant is a state inmate as defined in section 17-1-102(8), C.R.S., the superintendent of the correctional facility to which such defendant is assigned,

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or his or her designee, may fix the manner and time of payment of fines and fees and may direct that a portion of the wages of such defendant under section 17-24-122(3), C.R.S., or compensation under section 17-24-114, C.R.S., be applied to any unpaid fines or fees.

Wage/bank account garnishment Misdemeanor, Felony No
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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

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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
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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

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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
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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
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Colorado Colo. Rev. Stat. § 18-1.3-302(4) Legislative Declaration - Offenders Who May Be Sentenced to the Specialized Restitution and Community Service Program

If an eligible offender is accepted by a provider pursuant to subsection (3) of this section, the court may sentence an offender to pay restitution or perform community service, or

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both, in an amount commensurate with the seriousness of the crime and to the custody of any specialized restitution and community service program adopted pursuant to this section or article 27.9 of title 17, C.R.S. Notwithstanding any other provision of law to the contrary, a minimum of full restitution may be imposed in an amount that exceeds any actual losses or damages suffered by a victim of the crime.

Community service All No
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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

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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
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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

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for failure to comply with the court's lawful order to pay pursuant to the terms of this section.

Incarceration All No
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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

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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
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Colorado C.R.S. 18-1.3-506(1) Payment and Collection of Fines for Class 1, 2, or 3 Misdemeanors and Class 1 or 2 Petty Offenses - Release From Incarceration

Whenever the court imposes a fine for a nonviolent class 1, 2, or 3 misdemeanor or for a class 1 or 2 petty offense, if the person who committed the

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offense is unable to pay the fine at the time of the court hearing or if he or she fails to pay any fine imposed for the commission of such offense, in order to guarantee the payment of such fine, the court may: (a)  Require the person to post sufficient bond or collateral; or (b)  Enter a judgment in favor of the state or political subdivision to whom the fine is owed and enter an order based on such judgment for the garnishment of the person's earnings in accordance with the provisions of either article 54 or 54.5 of title 13, C.R.S., for the purpose of collecting said fine and the costs incurred in collecting said fine; or (c)  Enter a judgment in favor of the state or political subdivision to whom the fine is owed and execute a lien based on such judgment on any chattels, lands, tenements, moneys, and real estate of the person in accordance with article 52 of title 13, C.R.S., for the purpose of collecting said fine and the costs incurred in collecting said fine.

Increased fine Other, Misdemeanor No
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Colorado C.R.S. 18-22-103(1);(4) Source of Revenues - Allocation of Moneys

(1)  Each juvenile who is convicted as an adult of a violent crime shall be required to pay a surcharge to the clerk of the court in which the conviction occurs

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in an amount equal to any fine imposed by such court;  (4)  A surcharge assessed by the court pursuant to this section may be collected in the same manner as a judgment in a civil action and the court shall order the district attorney to institute proceedings to collect such surcharge if the court finds that a juvenile convicted as an adult of a violent crime is financially unable to pay all or any portion of such surcharge at the time of sentencing.

Civil judgment Misdemeanor, Felony No
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Colorado C.R.S. 16-18.5-104(1);(4);(5) Initial Collections Investigation - Payment Schedule

(1)   Orders for restitution shall be due and payable at the time that the order of conviction is entered. Unless the defendant is sentenced to the custody of the executive

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director of the department of corrections, if at the time that the court enters an order for restitution pursuant to section 18-1.3-603, C.R.S., the defendant alleges that he or she cannot pay the full amount of restitution, the court shall direct that the defendant report immediately to the collections investigator. ... (4)   (a) (I) Following the investigation described in subsection (3) of this section, the collections investigator shall establish a payment schedule and direct that the defendant: (A)  Pay the full amount ordered immediately; (B)  Pay the full amount ordered as a single payment on a specified date; or (C)  Pay the full amount ordered in specified partial amounts on specified dates.(II)  The collections investigator may ask the court to enter the payment schedule as an order of court.(b)  In addition to the payments required by paragraph (a) of this subsection (4), the collections investigator may direct that: (I)  If the defendant is unemployed, the defendant seek gainful employment and report to the investigator on such efforts by a specified date; (II)  The defendant shall not incur additional debt or financial obligation without the approval of the collections investigator, which approval shall not be unreasonably withheld; or (III)  The defendant promptly report to the collections investigator any changes in income, assets, or other financial circumstances. (5)   Following the investigation required by subsection (3) of this section, the collections investigator may also:(a) (I)  Record a transcript of the order for restitution in the real estate records in the office of the clerk and recorder of any county in which the defendant holds an interest in real property. From the time of the recording of the transcript, there shall be a lien that is an encumbrance in favor of the state or the victim, or an assignee of the state or the victim, and shall encumber any interest of the defendant in real property in such county. (II)  (A) The lien created by this paragraph (a) shall remain in effect until all amounts of restitution, including interest, costs, time payment fees, and late fees are paid or for a period of twenty years after the recording of the transcript. So long as there is an amount still owing, the collections investigator or the victim or the assignee of the state or the victim may record a new transcript of the order of restitution. Any transcript of the order for restitution recorded pursuant to this subparagraph (II) prior to the expiration of the twenty-year period shall relate back to the date of the recording of the original transcript of the order for restitution and shall be valid for a period of twenty years after the recording of the subsequent transcript. More than one subsequent transcript shall be permitted. (B)  Within twenty-one days after the payment of all such amounts of restitution, the collections investigator or the victim, or the assignee of the state or the victim, shall record a certificate of satisfaction of judgment issued by the clerk of the court with each clerk and recorder where a transcript was recorded. The satisfaction of judgment shall be conclusive evidence that the lien was extinguished. (III)  The collections investigator and the victim shall be exempt from the payment of recording fees charged by the clerk and recorder for the recording of the transcripts and satisfactions of judgment. (b) (I)  File a transcript of the order for restitution with the secretary of state. From the time of the filing of the transcript, there shall be a lien that is an encumbrance in favor of the state or the victim, or an assignee of the state or the victim, and shall encumber any interest of the defendant in any personal property. (II)  The lien created by this paragraph (b), shall remain in effect without the necessity of renewal for twelve years or until all amounts of restitution, including interest, costs, time payment fees, and late fees are paid. Within twenty-one days after the payment of all such amounts of restitution, the collections investigator or the victim, or the assignee of the state or the victim, shall file a satisfaction of judgment with the secretary of state. The satisfaction of judgment shall be conclusive evidence that the lien was extinguished. (III)  The collections investigator and the victim shall be exempt from the payment of filing fees charged by the secretary of state. (c) (I)  File a transcript of the order for restitution with the authorized agent as defined in section 42-6-102 (1.5). From the time of the filing of the transcript, there shall be a lien that is an encumbrance in favor of the state or the victim, or an assignee of the state or the victim, and shall encumber any interest of the defendant in a motor vehicle. In order for such lien to be effective as a valid lien against a motor vehicle, the state or the victim, or the assignee of the state or the victim, shall have such lien filed for public record and noted on the owner's certificate of title in the manner provided in sections 42-6-121 and 42-6-129. (II)  The lien created by this paragraph (c), shall remain in effect for the same period of time as any other lien on motor vehicles as specified in section 42-6-127, C.R.S., or until all amounts of restitution, including interest, costs, time payment fees, and late fees are paid, whichever occurs first. A lien created pursuant to this paragraph (c) may be renewed pursuant to section 42-6-127, C.R.S. Within twenty-one days after the payment of all such amounts of restitution, the collections investigator or the victim or the assignee of the state or the victim shall release the lien pursuant to the procedures specified in section 42-6-125, C.R.S. When a lien created by this paragraph (c) is released, the authorized agent and the executive director of the department of revenue shall proceed as provided in section 42-6-126, C.R.S. (III)  The collections investigator and the victim shall not be exempt from the payment of filing fees charged by the authorized agent for the filing of either the transcript of order or the release of lien. However, the state or the victim, or the assignee of the state or the victim, may add the amount of the filing fees to the lien amount and collect the amount from the defendant.

 

Payment plan/installment plan All No
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Colorado C.R.S. 16-18.5-105(2);(3) Monitoring - Default - Penalties

(2)   In addition to any other costs that may accrue, for each payment of restitution that a defendant fails to make within seven days after the date that the payment

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is due pursuant to any payment schedule established pursuant to this article, the late penalty fee established in section 16-11-101.6 shall be assessed, and the associated provisions of section 16-11-101.6 may apply. The late fees shall be collected from the defendant after the defendant has satisfied all orders for restitution. All payments for late fees shall be credited to the judicial collection enhancement fund created in section 16-11-101.6 (2). (3)   Whenever a defendant fails to make a payment of restitution within seven days after the date that the payment is due pursuant to a payment schedule established pursuant to this article, in addition to any other remedy, the collections investigator may: (a)  Conduct an additional financial investigation of the defendant as described in section 16-18.5-104 (3); (b)  Issue an attachment of earnings requiring that a certain portion of a defendant's earnings, not to exceed fifty percent, be withheld and applied to any unpaid restitution, if such an attachment does not adversely impact the defendant's ability to comply with other orders of the court. An attachment of earnings under this paragraph (b) may be modified to a lesser or greater amount based upon changes in a defendant's circumstances as long as the amount withheld does not exceed fifty percent and may be suspended or cancelled at the court's discretion. An attachment of earnings issued pursuant to this paragraph (b) shall be enforceable in the same manner as a garnishment in a civil action. For purposes of this section, "earnings" shall have the same meaning as set forth for any type of garnishment in section 13-54.5-101, C.R.S., and shall include profits. (c)  Request that the clerk of the court issue a writ of execution, writ of attachment, or other civil process to collect upon a judgment pursuant to article 52 of title 13, C.R.S.; (d)  Request that the court issue a notice to show cause requiring the defendant to appear before the court and show cause why the required payment or payments were not made. Upon a finding of the defendant's failure to pay, unless the defendant establishes that he or she was unable to make the payments, the court may: (I)  Revoke probation and impose any other sentence permitted by law; (II)  Order that the defendant be confined to jail with a recommendation that the defendant participate in a work release program; (III)  Extend the period of probation; or (IV)  Find the defendant in contempt of court and impose any authorized penalties for such action. (e) (I)  Employ any method available to collect state receivables, including the assignment of the defendant's accounts to a third party that has an agreement with the judicial department under this paragraph (e). (II)  The judicial department may enter into agreements with third parties for collection-related services. Any fees or costs of the third parties shall be added to the amount of restitution owed by the defendant, but such fees and costs shall not exceed twenty-five percent of the amount collected.

Increased fine All Yes
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Colorado C.R.S. 16-18.5-106.7(1) Unclaimed Property Offset

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

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38, C.R.S., for the purpose of offsetting against a claim for unclaimed property the unpaid amount of restitution the person making the claim has been ordered to pay pursuant to section 18-1.3-603 or 19-2-918, C.R.S.When an offset is to be made, the judicial department or the court in which the person's restitution obligation is pending shall notify the person in writing that the state intends to offset the amount of the person's unpaid restitution obligation against his or her claim for unclaimed property.

Property liens All No
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Colorado C.R.S. 16-18.5-106.8(1) State Income Tax Refund Offsets - Restitution - Definitions

In any case in which a defendant has an unsatisfied restitution obligation ordered pursuant to section 18-1.3-603 or 19-2-918, C.R.S., the judicial department is authorized to transmit data concerning the obligation to the

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department of revenue for the purpose of conducting a data match and offsetting the restitution obligation against a state income tax refund pursuant to section 39-21-108 (3), C.R.S. For any restitution obligation identified by the judicial department for offset, the state court administrator shall: (a)  On at least an annual basis, certify to the department of revenue the social security number of the defendant who is obligated to pay the restitution obligation and the amount of the outstanding restitution obligation. The department of revenue may request additional identifying information from the judicial department that is necessary to obtain an accurate data match. (b)  Upon notification by the department of revenue of a data match, notify the appropriate court that a match has occurred and that an offset is pending and provide to the court the identifying information received from the department concerning the defendant whose state income tax refund is subject to the offset;(c)  Provide or require the appropriate court to provide written notice to the defendant that the state intends to offset the defendant's restitution obligation against his or her state income tax refund and that the defendant has the right to object to the offset and request an administrative review; and (d)  Upon receipt of funds for offset from the department of revenue, transmit the funds to the appropriate court.

Wage/bank account garnishment All No
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Wyoming Wyo. Stat. Ann. § 7-18-114 Record and disbursement of wages; exemption from process; confidentiality of amount

(a) Wages earned by an inmate, parolee or offender while in an adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed

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for the purposes provided in this subsection and in the order specified: (i) Personal necessities; (ii) Room and board to the program operator at a rate to be established by the department; (iii) Support of dependent relations; (iv) Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1-40-119, victims compensation obligations under W.S. 1-40-112(g) and the surcharge imposed under W.S. 7-13-1616; (v) Repealed by Laws 1999, ch. 62, § 2. (vi) Costs of health insurance; and (vii) Remaining funds shall be paid to the inmate, parolee or offender upon parole or final discharge.

(b) Wages earned by offenders, other than parolees or inmates, while in a residential adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed only for the purposes and in the order specified in subsection (a) of this section unless otherwise ordered by the sentencing court. Any remaining funds shall be paid to the offender upon his satisfactory discharge from the program. Upon revocation of an offender's probation, the program operator shall forward any remaining funds to the court or to the institution to which the offender is sentenced as directed by the court.

(c) Program operators shall keep an accurate record and account of all wages earned by inmates, parolees and offenders pursuant to the rules promulgated by the department.

(d) The earnings of inmates under this act are not subject to garnishment, attachment or execution.

(e) Information relating to the amount of wages earned by an inmate, parolee or offender in an adult community corrections program is confidential and is not subject to public inspection.

Wage/bank account garnishment All Yes
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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,

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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