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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	Alabama	Ala.Code 1975 § 14-4-10	Hard labor; additional sentence	Whenever any convict is sentenced by the court and required to do hard labor for the county, an additional sentence not to exceed 10 months in any case for the + See more payment of costs of conviction may be imposed, and the court must determine a reasonable time required to work out such costs. The costs of conviction of county convicts shall be the same as provided by law now in force in the respective counties.	Incarceration	All	No
Add to Dashboard + Create New	Alabama	Ala.Code 1975 § 15-18-62	Costs and Fines: willful nonpayment by defendant	In cases of willful nonpayment of the fine and costs, the defendant shall either be imprisoned in the county jail or, at the discretion of the court, sentenced to hard + See more labor for the county as follows:(1) If the fine and costs do not exceed two hundred fifty dollars ($250), no more than 10 days; (2) If the fine and costs exceed two hundred fifty dollars ($250) but do not exceed five hundred dollars ($500), no more than 20 days; (3) If the fine and costs exceed five hundred dollars ($500), but do not exceed one thousand dollars ($1,000), no more than 30 days; and (4) For every additional one hundred dollars ($100) or fractional part thereof, 4 days.	Incarceration	All	Yes
Add to Dashboard + Create New	Alabama	Ala.Code 1975 § 12-23-7	Drug testing program	Any person who fails to complete treatment and pay for it shall be charged with violation of probation or parole	Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 559.016(3)	Terms of probation - extension	The court may extend a period of probation, however, no more than one extension of any probation may be ordered except that the court may extend the total time on + See more probation by one additional year by order of the court if the defendant admits he or she has violated the conditions of his or her probation or is found by the court to have violated the conditions of his or her probation.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 559.021(2)(1)	Conditions of probation--compensation of victims--free work, public or charitable--defendant not an employee for workers’ compensation purposes--payment to county restitution fund, when	In addition to such other authority as exists to order conditions of probation, the court may order such conditions as the court believes will serve to compensate the victim, any + See more dependent of the victim, any statutorily created fund for costs incurred as a result of the offender's actions, or society. Such conditions may include restorative justice methods pursuant to section 217.777, or any other method that the court finds just or appropriate including, but not limited to: (1) Restitution to the victim or any dependent of the victim, or statutorily created fund for costs incurred as a result of the offender's actions in an amount to be determined by the judge.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 476.120	Punishment for contempt	Punishment for contempt may be by fine or imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court.	Incarceration, Increased fine	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 488.020	Collection of court costs, when, how	Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the + See more fee, the court may hold the party in contempt.	Incarceration, Increased fine, Other	All	No
Add to Dashboard + Create New	Missouri	Mo. Rev. Stat. § 488.020(3)-(4)	Collection of court costs, when, how	The supreme court may provide by rule for imposition of interest on any court costs not paid within thirty days of when due. If any court cost is not paid + See more when due, the following actions may be taken: (3) Upon notification to the party from whom the court cost is due, and upon failure to pay the fee after such notice, the court may inform the office of administration of any delinquencies in excess of twenty-five dollars. Upon receiving such notice, and without further notice by the office of administration to the defaulting party, the office of administration shall deduct the amount of unpaid court costs from any payment by the state to the defaulting party under any provision of law. The office of administration shall transmit the amount set off to the court, and shall send the excess amount to the payee, with a notice that the remainder of the refund was transmitted to the court in satisfaction of all or part of the unpaid court costs. The office of administration and its officials and employees shall not be liable to any person for any action taken in accordance with the requirements of this subdivision. Any proceeding contesting any action taken by a court or the office of administration pursuant to this subdivision shall be brought in the court which certified such unpaid fees to the office of administration, and shall be deemed ancillary to the proceeding for which such unpaid fees were assessed. No appearance, responsive pleading or discovery shall be due from the office of administration in such proceeding except upon order of the court; (4) Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the fee, the court may hold the party in contempt.	Collection fee/interest, Incarceration, Increased fine, Other, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Missouri	Mo. Const. Art. 1, § 11	Imprisonment for debt	That no person shall be imprisoned for debt, except for nonpayment of fines and penalties imposed by law.	Incarceration	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 600.093	Probation, payment for services may be condition	The court may require a defendant to repay all or a part of the value of the legal services rendered by the state public defender system as a condition of + See more probation.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 558.006(5)	Response to nonpayment	Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized for the enforcement of money judgments.	Incarceration, Property liens, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 545.02	Recovery of fine or forfeiture, how	Whenever a fine, penalty or forfeiture is or may be inflicted by any statute of this state for any offense, the same may be recovered by indictment or information, notwithstanding + See more another or different remedy for the recovery of the same may be specified in the law imposing the fine, penalty or forfeiture; provided, that in all cases the fine, penalty or forfeiture shall go to the state, county, corporation, person or persons to whom the law imposing the same declares it shall accrue.	Incarceration, Increased fine	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 559.105	Restitution may be ordered for tampering and stealing offenses--limitation on release from probation--payment	1. Any person who has been found guilty of or has pled guilty to an offense may be ordered by the court to make restitution to the victim for the + See more victim's losses due to such offense. Restitution pursuant to this section shall include, but not be limited to a victim's reasonable expenses to participate in the prosecution of the crime. 2. No person ordered by the court to pay restitution pursuant to this section shall be released from probation until such restitution is complete. If full restitution is not made within the original term of probation, the court shall order the maximum term of probation allowed for such offense. 3. Any person eligible to be released on parole shall be required, as a condition of parole, to make restitution pursuant to this section. The board of probation and parole shall not release any person from any term of parole for such offense until the person has completed such restitution, or until the maximum term of parole for such offense has been served. 4. The court may set an amount of restitution to be paid by the defendant. Said amount may be taken from the inmate's account at the department of corrections while the defendant is incarcerated. Upon conditional release or parole, if any amount of such court-ordered restitution is unpaid, the payment of the unpaid balance may be collected as a condition of conditional release or parole by the prosecuting attorney or circuit attorney under section 559.100. The prosecuting attorney or circuit attorney may refer any failure to make such restitution as a condition of conditional release or parole to the parole board for enforcement.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Missouri	Mo. Rev. Stat. § 600.089	Parolees to pay for representation, when	If the public defender commission has obtained a judgment against an offender in the custody of the department of corrections, and the offender is later paroled and becomes financially able + See more to pay all or some part of such judgment, he shall be required, as a condition of his continued parole, to pay over to the public defender commission such amounts as he can reasonably pay, either by a single payment or by installments of reasonable amounts, in accordance with the schedule of charges for public defender services prepared pursuant to section 600.090.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 45-5-205(4)	Negligent vehicular assault--penalty	If a term of incarceration is imposed under subsection (2) or (3), the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and + See more of restitution. If the person does not pay the fine or restitution, the term of incarceration may be imposed.	Incarceration	Misdemeanor, Felony	No
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-8-115	Effect of Nonpayment	(1) When a defendant who is sentenced to pay the costs of assigned counsel defaults in payment of the costs or of any installment, the court on motion of the + See more prosecutor or on its own motion may require the defendant to show cause why the default should not be treated as contempt of court and may issue a show cause citation or an arrest warrant requiring the defendant's appearance. (2) 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 on the defendant's part to make a good faith effort to make the payment, the court may find that the default constitutes civil contempt. (3) The term of imprisonment for contempt for nonpayment of the costs of assigned counsel must be set forth in the judgment and may not exceed 1 day for each $25 of the payment, 30 days if the order for payment of costs was imposed upon conviction of a misdemeanor, or 1 year in any other case, whichever is the shorter period. A person committed for nonpayment of costs must be given credit toward payment for each day of imprisonment at the rate specified in the judgment.	Incarceration	Misdemeanor	No
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-17-302(4)	Procedure after trial--Justice's and city courts--Execution of Judgement	A judgment that the offender pay a fine may also direct that the offender be imprisoned until the fine is satisfied in the proportion of 1 day's imprisonment for every + See more $75 of the fine. When the judgment is rendered, the offender must be held in custody for the time specified in the judgment unless the fine is paid.	Incarceration	All	No
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-208	Termination of remaining portion of deferred or suspended sentence--petition	When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor or defendant may file a petition to terminate the time remaining on + See more the sentenceThe court may grant the petition if it finds that...the defendant has paid all restitution and court-ordered financial obligations in full.	Incarceration	All	No
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-233	Fine or costs as condition on suspended or deferred sentence	(1) Whenever a defendant is sentenced to pay a fine or costs under 46-18-231 or 46-18-232 and the imposition or execution of the rest of the defendant's sentence is deferred + See more or suspended, the court may make payment of the fine or costs a condition for probation. (2) A suspended or deferred sentence may not be revoked if the defendant defaults on the payment of the fine and the default is not attributable to an intentional refusal to obey the order of the court or a failure to make a good faith effort to make the payment.	Incarceration	All	No
Add to Dashboard + Create New	Oklahoma	22 Okl.St.Ann. § 983A	Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments	Any defendant found guilty of an offense in any court of this state may be imprisoned for nonpayment of the fine, cost, fee, or assessment when the trial court finds + See more after notice and hearing that the defendant is financially able but refuses or neglects to pay the fine, cost, fee, or assessment. A sentence to pay a fine, cost, fee, or assessment may be converted into a jail sentence only after a hearing and a judicial determination, memorialized of record, that the defendant is able to satisfy the fine, cost, fee, or assessment by payment, but refuses or neglects so to do.	Incarceration	All	No

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