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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 § 15-18-144	Restitution Withholding: Attachment of property	Any provision of any law of this state to the contrary notwithstanding and in addition to any other remedy which is or may be hereafter provided by law for the + See more enforcement or collection of a restitution order, any decree, judgment, or order requiring the payment of restitution may include, upon motion of the victim, district attorney, the Attorney General, or the court, an order requiring that any asset or other income or any portion thereof to which a defendant is or may be entitled be withheld or attached, and such order may also require any person in real or constructive possession, custody, or control thereof to pay over, deliver, convey, transfer, or assign the same to the clerk of the court for disbursement, transfer, or assignment to the victim in accordance with the defendant's restitution obligation. If the prison authority reasonably believes that the defendant's outgoing mail contains any object or any item that has monetary value, the object or item shall be seized and transferred to the court of original jurisdiction. If the court determines that the item or object seized has monetary value, the item or object shall be transferred to the Crime Victims Compensation Fund for disbursement, transfer, or assignment to the victim for satisfaction of the defendant's outstanding restitution obligations. If the court determines that the item or object seized does not have any monetary value, the court shall return such to the prison to be promptly placed in the U.S. mail.	Wage/bank account garnishment	All	No
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	Alabama	Ala.Code 1975 § 12-19-311(c)	Additional fees on bail bond	Upon the failure to pay the fee in paragraph a. of subdivision (1) of subsection (a) and upon a finding of contempt in subsection (d), the bondsman, surety, guaranty, or + See more individuals required to pay the fee shall be punished by a fine of not less than five hundred dollars ($500) in addition to the fee imposed in paragraph a. of subdivision (1) of subsection (a). The fine shall not be remitted, waived, or reduced unless the person(s) fined can show cause to the court that he or she cannot pay the fine in the reasonably foreseeable future. I	Increased fine	All	Yes
Add to Dashboard + Create New	Alabama	Ala.Code 1975 § 12-18-72	Restitution to victim's of crimes: Condition of probation or parole; default.	(a) When a defendant whose sentence has been suspended and placed on probation by the court, and ordered to make restitution, defaults in the payment thereof or of any installment, + See more the court on motion of the victim or the district attorney or upon its own motion shall require the defendant to show cause why his default should not be treated as violation of a condition of his probation. (b) When the defendant is sentenced to the penitentiary by the court, and the court orders restitution, it shall be made a condition of his parole that restitution be made. When the parolee defaults in the payment thereof or any installment, the parole board on motion of the victim or the district attorney or the supervising parole officer, may require the defendant to show cause why his default should not be treated as a violation of a condition of parole, and the board may declare the parolee delinquent and after due process may revoke his parole.	Extension of probation/supervision	Misdemeanor, Felony	No
Add to Dashboard + Create New	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 + See more 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 + Create New	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 + See more 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 + Create New	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 + See more 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 + Create New	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 + See more 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 + Create New	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 + See more 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 + Create New	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 + See more 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 + Create New	Nebraska	(2)Neb. Rev. Stat. § 28-1011	Violations; liability for expenses	Even if reimbursement for expenses is not ordered under subsection (1) of this section, the defendant shall be liable for all unreimbursed expenses incurred by a public or private agency + See more in conjunction with the care, impoundment, seizure, or disposal of an animal. The expenses shall be a lien upon the animal.	Property liens	All	No
Add to Dashboard + Create New	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: (l) To pay a fine in one or more payments as ordered; (m) To pay + See more 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 + Create New	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 + See more 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
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-12-3(A),(C)	Paying fines, fees or costs in installments; community service option	A. Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against him, either in addition to or without a term of imprisonment, + See more may in the discretion of the court be allowed to pay such fine, fees or costs in installments of such amounts, at such times and upon such conditions as the court may fix. The defendant may also be required to serve a period of time in labor to be known as “community service” in lieu of all or part of the fine. If unable to pay the fees or costs, he may be granted permission to perform community service in lieu of them as well. The labor shall be meaningful, shall not be suspended or deferred and shall be of a type that benefits the public at large or any public, charitable or educational entity or institution and is consistent with Article 9, Section 14 of the constitution of New Mexico. Any person performing community service pursuant to court order shall be immune from civil liability arising out of the community service other than for gross negligence, shall not be entitled to wages or considered an employee for any purpose and shall not be entitled to workers’ compensation, unemployment or any other benefits otherwise provided by law. Instead, a person who performs community service shall receive credit toward the fine, fees or costs at the rate of the prevailing federal hourly minimum wage. Unless otherwise provided, however, the total fine, fees and costs shall be payable forthwith. C. When a defendant sentenced to pay a fine in installments or ordered to pay fees or costs defaults in payment, the court, upon motion of the prosecutor or upon its own motion, may require the defendant to show cause why his default should not be treated as contumacious and may issue a summons or a warrant of arrest for his appearance. It shall be a defense that the defendant did not willfully refuse to obey the order of the court or that he made a good faith effort to obtain the funds required for the payment. If the defendant’s default was contumacious, the court may order him committed until the fine or a specified part of it or the fees or costs are paid. The maximum term of imprisonment for such contumacious nonpayment shall be specified in the order of commitment.	Community service, Incarceration, Payment plan/installment plan	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-17-1(D)	Restitution Lien	An order requiring an offender to pay restitution, validly entered pursuant to this section, constitutes a judgment and lien against all property of a defendant for the amount the defendant + See more is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property, or for garnishment. A judgment of restitution may be enforced by the state, a victim entitled under the order to receive restitution, a deceased victim's estate or any other beneficiary of the judgment in the same manner as a civil judgment. An order of restitution is enforceable, if valid, pursuant to this section, the Victims of Crime Act or Article 2, Section 24 of the constitution of New Mexico. Nothing in this section shall be construed to limit the ability of a victim to pursue full civil legal remedies.	Civil judgment, Property liens	All	Yes
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 67-7-11	Obstructions and Injuries to Highways: Arrest for violation; seizure of vehicle; fee	Sheriffs, deputy sheriffs, constables, marshals, police officers and all peace officers shall have power to arrest any person violating any provision of this act on view or upon warrant issued + See more by any justice of the peace [magistrate court] or magistrate. Such officers are also authorized and directed to take into custody any vehicle involved in the violation of any provision of this act and hold the same until all fees, fines, costs and damages therefor shall be paid; provided that the owner or person in control of such vehicle may secure its release by furnishing a good and sufficient bond as required by the officer or magistrate before whom the case is prosecuted. The fee for making the arrest of any person violating any provision of this act shall upon conviction of the person or persons arrested be assessed as part of the costs and paid to the officer making such arrest, but shall not exceed one ($1.00) dollar in any case.	Incarceration	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 66-5-30(B)(2)	Authority of division to suspend or revoke license. [Effective October 1, 2019]	B. The division may issue an administrative suspension of the instruction permit, driver’s license or provisional license of a driver without preliminary hearing upon a showing by its records or other + See more sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee has failed to: (2) pay a penalty assessment within thirty days of the date of issuance by the state or a tribe.	Driver's license suspension/impoundment	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-12-3(B)	Paying fines, fees or costs in installments; community service option	The court may at any time revise, modify, reduce or enlarge the amount of the installment or the time and conditions fixed for payment of it.	Payment plan/installment plan	All	No

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