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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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

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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
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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

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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
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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

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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
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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
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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

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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
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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,

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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
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Arkansas Ark. Code Ann. § 5-26-401(d) Nonsupport

A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of

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a spouse or any person who is responsible for maintenance of a dependent child who states that nonsupport has taken place.

Incarceration All Yes
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Arkansas Ark. Code Ann. § 5-26-413   Temporary Support Order

At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may: ...(2) Punish for violation of the temporary

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support order as for contempt.

Incarceration All No
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Arkansas Ark. Code Ann. § 5-26-414(c)  Order for Periodic Payments -- Release of Defendant on Own Recognizance

Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended.

Incarceration All Yes
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Arkansas Ark. Code Ann. § 16-98-304(b) Cost and Fees

(1)The drug court judge shall establish a schedule for the payment of costs and fees. . . (7) Court orders for costs and fees shall remain an obligation of the

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offender with court monitoring until fully paid.

Payment plan/installment plan All Yes
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Arkansas Ark. Code Ann. § 16-98-304(b) Cost and Fees

(b)(1) The drug court judge shall establish a schedule for the payment of costs and fees. . .

(7) Court orders for costs and fees shall remain an obligation of the

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offender with court monitoring until fully paid

Condition or extension of supervision All Yes
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Arkansas Ark. Code Ann. § 5-4-206(b) Collection of Unpaid Restitution--Interception of State Income Tax Returns

A court that orders the payment of restitution as a condition of a defendant's sentence shall note on the restitution order that the restitution may be collected through an interception

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of the defendant's state income tax return if the defendant has failed to comply with the terms and conditions of the restitution order.

Wage/bank account garnishment All No
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Arkansas Ark. Code Ann. § 5-4-204(a) Collection After Default

When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected

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by any means authorized for the enforcement of a money judgment in a civil action.

Wage/bank account garnishment All No
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Arkansas Ark. Code Ann. § 5-4-204(a) Collection After Default

When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected

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by any means authorized for the enforcement of a money judgment in a civil action.

Property liens All No
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Arkansas Ark. Code Ann. § 5-4-204(b) Collection After Default

A judgment that the defendant pay a fine or costs constitutes a lien on the real property and personal property of the defendant in the same manner and to the

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same extent as a money judgment in a civil action.

Property liens All Yes
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Arkansas Ark. Code Ann. § 5-4-303(c) Conditions of Suspension or Probation

(c) If the court suspends imposition of sentence on a defendant or places him or her on probation, as a condition of its order the court may require that the

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defendant: (1) Support his or her dependents and meet his or her family responsibilities . . . (6) Make restitution to an aggrieved party in an amount the defendant can afford to pay for the actual loss or damage caused by his or her offense

Condition or extension of supervision All No
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Arkansas Ark. Code Ann. § 5-4-303(f)(1)(C) Conditions of Suspension or Probation

(f)(1) If the court suspends imposition of sentence on a defendant or places him or her on probation conditioned upon his or her making restitution under subdivision (c)(6) of this

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section, the court, by concurrence of the victim, defendant, and the prosecuting authority, shall determine the amount to be paid as restitution . . . and (C) If a personal service is contemplated, the reasonable value and rate of compensation for the personal service rendered to the victim.

Work program/jail industry program All No
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Arkansas Ark. Code Ann. § 5-4-303(f)(2) Conditions of Suspension or Probation

After considering the assets, financial condition, and occupation of the defendant, the court shall further determine: (A) Whether restitution shall be total or partial; (B) The amounts to be paid

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if by periodic payments.

Payment plan/installment plan All No
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Arkansas Ark. Code Ann. § 17-1-103(d)(1) Registration, Certification, and Licensing for Criminal Offenders

For the purposes of this section, completion of the following shall be deemed prima facie evidence of sufficient rehabilitation: (1) Probation or parole supervision.

Driver's license suspension/impoundment All No
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Arkansas Ark. Code Ann. § 16-17-131 Suspension of License for Failure to Appear

(a) A person required to appear before a district court in this state, having been served with any form of notice to appear for any criminal offense, traffic violation, or

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misdemeanor charge, shall appear at the time and place designated in the notice.

(b)(1) If a person fails to appear as required in subsection (a) of this section, the presiding judge may suspend the person's driver's license.(2) The license shall be suspended until the person appears and completes the sentence ordered by the court.(3) After the person satisfies all requirements of the sentence, the Department of Finance and Administration shall assess the current fees for reinstatement of a driver's license.

Driver's license suspension/impoundment All No