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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	Idaho	Idaho code § 19-5305	Collection of Judgments	(1) After forty-two (42) days from the entry of the order of restitution or at the conclusion of a hearing to reconsider an order of restitution, whichever occurs later, an + See more order of restitution may be recorded as a judgment and the victim may execute as provided by law for civil judgments. (2) The clerk of the district court may take action to collect on the order of restitution on behalf of the victim and, with the approval of the administrative district judge, may use the procedures set forth in section 19-4708, Idaho Code, for the collection of the restitution.	Civil judgment, Collection fee/interest	All	Yes
Add to Dashboard + Create New	Idaho	Idaho Code § 31-3201(4)	Clerk of District Court -- Fees	Provided further, an additional handling fee of two dollars ($ 2.00) shall be imposed on each monthly installment of criminal or infraction fines, forfeitures, and other costs paid on a + See more monthly basis.	Collection fee/interest	All	Yes
Add to Dashboard + Create New	Idaho	Idaho Code § 20-225	Payment for Cost of Supervision	Any person under state probation or parole supervision shall be required to contribute not more than seventy-five dollars ($ 75.00) per month as determined by the board of correction. Costs + See more of supervision are the direct and indirect costs incurred by the department of correction to supervise probationers and parolees, including tests to determine drug and alcohol use, books and written materials to support rehabilitation efforts, and monitoring of physical location through the use of technology. Any failure to pay such contribution shall constitute grounds for the revocation of probation by the court or the revocation of parole by the commission for pardons and parole. The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution if it finds any of the following factors to exist: (1) The offender has diligently attempted but been unable to obtain employment. (2) The offender has a disability affecting employment, as determined by a physical, psychological or psychiatric examination acceptable to the division of probation and parole.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Idaho	Idaho Code § 20-624	Imprisonment for Fine	Whenever any defendant is confined solely for willful non-payment of any fine, the court, may, in lieu of payment, confine such person at the rate of thirty-five dollars ($ 35.00) + See more per day until the fine imposed is satisfied.	Incarceration, Increased fine	All	No
Add to Dashboard + Create New	Idaho	Idaho Code § 19-5304	Restitution for Crime Victims -- Orders to be Separate -- When Restitution is not Appropriate -- Other Remedies -- Evidentiary Hearings -- Definitions	Unless the court determines that an order of restitution would be inappropriate or undesirable, it shall order a defendant found guilty of any crime which results in an economic loss + See more to the victim to make restitution to the victim. An order of restitution shall be a separate written order in addition to any other sentence the court may impose, including incarceration, and may be complete, partial, or nominal. The court may also include restitution as a term and condition of judgment of conviction; however, if a court orders restitution in the judgment of conviction and in a separate written order, a defendant shall not be required to make restitution in an amount beyond that authorized by this chapter. Restitution shall be ordered for any economic loss which the victim actually suffers. The existence of a policy of insurance covering the victim's loss shall not absolve the defendant of the obligation to pay restitution.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Idaho	Idaho Code § 19-4708(1);(2)	Collection of Debts Owed to Courts -- Contracts for Collection	(1) The supreme court, or the clerks of the district court with the approval of the administrative district judge, may enter into contracts in accordance with this section for collection services + See more for debts owed to courts. The cost of collection shall be paid by the defendant or juvenile offender as an administrative surcharge when the defendant or juvenile offender fails to pay any amount ordered by the court and the court utilizes the services of a contracting agent pursuant to this section; (2) As used in this section: (a) "Contracting agent" means a person, firm or other entity who contracts to provide collection services. (b) "Cost of collection" means the fee specified in contracts to be paid to or retained by a contracting agent for collection services. (c) "Debts owed to courts" means any assessment of fines, court costs, surcharges, penalties, fees, restitution, moneys expended in providing counsel and other defense services to indigent defendants or juvenile offenders or other charges which a court judgment or disposition has ordered to be paid to the court in civil, criminal, or juvenile cases, and which remain unpaid in whole or in part, and includes any interest or penalties on such unpaid amounts as provided for in the judgment or by law.	Collection fee/interest	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 9.94B.040(1),(4)	Conversion of fine to community service (for crimes committed before July 1, 2000)	(1) If an offender violates any condition or requirement of a sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section. (4) If + See more the violation involves failure to pay legal financial obligations, the following provisions apply: (a) The department and the offender may enter into a stipulated agreement that the failure to pay was willful noncompliance, according to the provisions and requirements of subsection (3)(a) of this section; (b) In the absence of a stipulated agreement, or where the court is not satisfied with the department’s sanctions as provided in a stipulated agreement under (a) of this subsection, the court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender’s appearance; (c) The state has the burden of showing noncompliance by a preponderance of the evidence. The court may not sanction the offender for failure to pay legal financial obligations unless the court finds, after a hearing and on the record, that the failure to pay is willful. A failure to pay is willful if the offender has the current ability to pay but refuses to do so. In determining whether the offender has the current ability to pay, the court shall inquire into and consider: (i) The offender’s income and assets; (ii) the offender’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal financial obligations; and (iii) the offender’s bona fide efforts to acquire additional resources. An offender who is indigent as defined by RCW 10.101.010(3) (a) through (c) is presumed to lack the current ability to pay; (d) If the court determines that the offender is homeless or a person who is mentally ill, as defined in RCW 71.24.025, failure to pay a legal financial obligation is not willful noncompliance and shall not subject the offender to penalties; (e) If the court finds that the failure to pay is willful noncompliance, the court may order the offender to be confined for a period not to exceed sixty days for each violation or order one or more of the penalties authorized in subsection (3)(a)(i) of this section; and (f) If the court finds that the violation was not willful, the court may, and if the court finds that the defendant is indigent as defined in RCW 10.101.010(3) (a) through (c), the court shall modify the terms of payment of the legal financial obligations, reduce or waive nonrestitution legal financial obligations, or convert nonrestitution legal financial obligations to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution. The crime victim penalty assessment under RCW 7.68.035 may not be reduced, waived, or converted to community restitution hours.	Community service, Incarceration, Payment plan/installment plan	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 10.82.010	Execution for fines and costs	Upon a judgment for fine and costs, and for all adjudged costs, execution shall be issued against the property of the defendant, and returned in the same manner as in + See more civil actions.	Property liens	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 10.01.170	Fine or costs--Payment within specified time or installments	When a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made within a specified period of time or in specified + See more installments.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 10.82.030	Commitment for failure to pay fine and costs — Execution against defendant’s property — Reduction by payment, labor, or confinement	If any person ordered into custody until the fine and costs adjudged against him or her be paid shall not, within five days, pay, or cause the payment of the + See more same to be made, the clerk of the court shall issue a warrant to the sheriff commanding him or her to imprison such defendant in the county jail until the amount of such fine and costs owing are paid. Execution may at any time issue against the property of the defendant for that portion of such fine and costs not reduced by the application of this section. The amount of such fine and costs owing shall be the whole of such fine and costs reduced by the amount of any portion thereof paid, and an amount established by the county legislative authority for every day the defendant performs labor as provided in RCW 10.82.040, and a lesser amount established by the county legislative authority for every day the defendant does not perform such labor while imprisoned.	Incarceration	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 3.62.040(5)	Costs, fines, forfeitures, and penalties from city cases--Disposition--Interest	(5) (a) Except as provided in (b) of this subsection, penalties, fines, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. + See more Interest may accrue only while the case is in collection status. (b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, and costs imposed against a defendant in a criminal proceeding shall not accrue interest.	Collection fee/interest	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 10.82.080	Unlawful receipt of public assistance — Deduction from subsequent assistance payments — Restitution payments	(1) When a superior court has, as a condition of the sentence for a person convicted of the unlawful receipt of public assistance, ordered restitution to the state of that + See more overpayment or a portion thereof: (a) The department of social and health services shall deduct the overpayment from subsequent assistance payments as provided in RCW 43.20B.630, when the person is receiving public assistance; or (b) Ordered restitution payments may be made at the direction of the court to the clerk of the appropriate county or directly to the department of social and health services when the person is not receiving public assistance.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 10.82.040	Commitment for failure to pay fine and costs--Reduction of amount by performance of labor	When a defendant is committed to jail, on failure to pay any fines and costs, he or she shall, under the supervision of the county sheriff and subject to the + See more terms of any ordinances adopted by the county commissioners, be permitted to perform labor to reduce the amount owing of the fine and costs.	Work program/jail industry program	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 46.20.289	Suspension for failure to respond, appear, etc	Except for traffic violations committed under RCW 46.61.165, the department shall suspend all driving privileges of a person when the department receives notice from a court under RCW 46.63.070(6), 46.63.110(6), + See more or 46.64.025 that the person has failed to respond to a notice of traffic infraction for a moving violation, failed to appear at a requested hearing for a moving violation, violated a written promise to appear in court for a notice of infraction for a moving violation, or has failed to comply with the terms of a notice of traffic infraction, criminal complaint, or citation for a moving violation, or when the department receives notice from another state under Article IV of the nonresident violator compact under RCW 46.23.010 or from a jurisdiction that has entered into an agreement with the department under RCW 46.23.020, other than for a standing, stopping, or parking violation, provided that the traffic infraction or traffic offense is committed on or after July 1, 2005. A suspension under this section takes effect pursuant to the provisions of RCW 46.20.245, and remains in effect until the department has received a certificate from the court showing that the case has been adjudicated, and until the person meets the requirements of RCW 46.20.311. In the case of failure to respond to a traffic infraction issued under RCW 46.55.105, the department shall suspend all driving privileges until the person provides evidence from the court that all penalties and restitution have been paid. A suspension under this section does not take effect if, prior to the effective date of the suspension, the department receives a certificate from the court showing that the case has been adjudicated.	Driver's license suspension/impoundment	Traffic	Yes
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 7.68.035(3)	PenPenalty assessments in addition to fine or bail forfeiture — Distribution — Establishment of crime victim and witness programs in county — Contribution required from cities and towns	When any person accused of having committed a crime posts bail in superior court pursuant to the provisions of chapter 10.19 RCW and such bail is forfeited, there shall be + See more deducted from the proceeds of such forfeited bail a penalty assessment, in addition to any other penalty or fine imposed by law, equal to the assessment which would be applicable under subsection (1) of this section if the person had been convicted of the crime.	Increased fine	All	Yes
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 9.92.130	City jail prisoners may be compelled to work	When a person has been sentenced by any municipal or district judge in this state to a term of imprisonment in a city jail, whether in default of payment of + See more a fine or otherwise, such person may be compelled on each day of such term, except Sundays, to perform eight hours' labor upon the streets, public buildings, and grounds of such city.	Community service	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 7.68.120(2)	Reimbursement — Restitution to victim — Notice — Fees — Order to withhold and deliver — Limitation	(2) (a) The department may issue a notice of debt due and owing to the person found to have committed the criminal act, and shall serve the notice on the person in + See more the manner prescribed for the service of a summons in a civil action or by certified mail. The department shall file the notice of debt due and owing along with proof of service with the superior court of the county where the criminal act took place. The person served the notice shall have thirty days from the date of service to respond to the notice by requesting a hearing in superior court. (b) If a person served a notice of debt due and owing fails to respond within thirty days, the department may seek a default judgment. Upon entry of a judgment in an action brought pursuant to (a) of this subsection, the clerk shall enter the order in the execution docket. The filing fee shall be added to the amount of the debt indicated in the judgment. The judgment shall become a lien upon all real and personal property of the person named in the judgment as in other civil cases. The judgment shall be subject to execution, garnishment, or other procedures for collection of a judgment.	Civil judgment, Property liens, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 9.95.210(2)-(3),(5)	Conditions of probation	(2) In the order granting probation and as a condition thereof, the superior court may in its discretion imprison the defendant in the county jail for a period not exceeding one + See more year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs. As a condition of probation, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035. The superior court may also require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor’s recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay such fine as may be imposed and court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required; (d) following consideration of the financial condition of the person subject to possible electronic monitoring, to pay for the costs of electronic monitoring if that monitoring was required by the court as a condition of release from custody or as a condition of probation; (e) to contribute to a county or interlocal drug fund; and (f) to make restitution to a public agency for the costs of an emergency response under RCW 38.52.430, and may require bonds for the faithful observance of any and all conditions imposed in the probation. (3) The superior court shall order restitution in all cases where the victim is entitled to benefits under the crime victims’ compensation act, chapter 7.68 RCW. If the superior court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims’ compensation act, the department of labor and industries, as administrator of the crime victims’ compensation program, may petition the superior court within one year of imposition of the sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the superior court shall hold a restitution hearing and shall enter a restitution order. (5) If the probationer has been ordered to make restitution and the superior court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made. If the superior court has ordered supervision and restitution has not been made as ordered, the officer shall inform the prosecutor of that violation of the terms of probation not less than three months prior to the termination of the probation period. The secretary of corrections will promulgate rules and regulations for the conduct of the person during the term of probation. For defendants found guilty in district court, like functions as the secretary performs in regard to probation may be performed by probation officers employed for that purpose by the county legislative authority of the county wherein the court is located.	Condition or extension of supervision, Increased fine	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 9.94B.030	Post release supervision-violations	If the offender violates any condition of postrelease supervision, a hearing may be conducted in the same manner as provided in RCW 9.94B.040. Jurisdiction shall be with the court of the + See more county in which the offender was sentenced. However, the court may order a change of venue to the offender’s county of residence or where the violation occurred, for the purpose of holding a violation hearing. After the hearing, the court may order the offender to be confined for up to sixty days per violation in the county jail. Reimbursement to a city or county for the care of offenders who are detained solely for violating a condition of postrelease supervision shall be under RCW 70.48.440. A county shall be reimbursed for indigent defense costs for offenders who are detained solely for violating a condition of postrelease supervision in accordance with regulations to be promulgated by the office of financial management. An offender may be held in jail at state expense pending the hearing, and any time served while awaiting the hearing shall be credited against confinement imposed for a violation. The court shall retain jurisdiction for the purpose of holding the violation hearing and imposing a sanction.	Incarceration	All	No
Add to Dashboard + Create New	Washington	Wash. Rev. Code Ann. § 10.64.140(1)(e)	Loss of voting rights	(1) When a person is convicted of a felony, the court shall require the defendant to sign a statement acknowledging that: (e) The provisional right to vote may be revoked if the defendant + See more fails to comply with all the terms of his or her legal financial obligations or an agreement for the payment of legal financial obligations.	Other	All	No

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