Poverty Penalties and Poverty Traps

Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.

Every law can be saved to the Reform Builder  

See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide

Below are the poverty penalties and poverty traps that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.

89 Results

Export results to Excel

State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 730 Ill. Comp. Stat. 5/5-6-3(a)(7) Conditions of probation and of conditional discharge

(7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000

+ See more
or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this paragraph (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this paragraph (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or high school equivalency testing if a fee is charged for those courses or testing. 

Condition or extension of supervision All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 730 Ill. Comp. Stat. 5/5-6-3(i) Conditions of probation and of conditional discharge

(i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of

+ See more
a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee.

Condition or extension of supervision All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 730 ILCS 5/5-6-3(b)(10)(iv) Conditions of probation and of conditional discharge

(iv) for persons convicted of any alcohol, cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall

+ See more
impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. 

Condition or extension of supervision All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 725 Ill. Comp. Stat. 5/124A-10 Lien

The property, real and personal, of a person who is convicted of an offense shall be bound, and a lien is created on the property, both real and personal, of

+ See more
every offender, not exempt from the enforcement of a judgment or attachment, from the time of finding the indictment at least so far as will be sufficient to pay the fine and costs of prosecution. 

Property liens All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 705 Ill. Comp. Stat. 105/27.2b State income tax refund intercept

The Clerk of the Circuit Court may enter into an agreement with the Illinois Department of Revenue to establish a pilot program for the purpose of collecting certain balances owed.

+ See more
The purpose shall be to intercept, in whole or in part, State income tax refunds due the persons who owe past due fees to the Clerk of the Circuit Court in order to satisfy unpaid assessments under the Criminal and Traffic Assessment Act [705 ILCS 135/1-1 et seq.] and fines as ordered by the court. 

Other All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 730 Ill. Comp. Stat. 5/5-5-6(f) Restitution

Taking into consideration the ability of the defendant to pay, including any real or personal property or any other assets of the defendant, the court shall determine whether restitution shall

+ See more
be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years, except for violations of Sections 16-1.3 and 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012 [720 ILCS 5/17-56], or the period of time specified in subsection (f-1), not including periods of incarceration, within which payment of restitution is to be paid in full. Complete restitution shall be paid in as short a time period as possible. However, if the court deems it necessary and in the best interest of the victim, the court may extend beyond 5 years the period of time within which the payment of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that restitution is to be paid over a period greater than 6 months, the court shall order that the defendant make monthly payments; the court may waive this requirement of monthly payments only if there is a specific finding of good cause for waiver.

Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 730 Ill. Comp. Stat. 5/5-9-3(e) Fines: Default

An additional fee of 30% of the delinquent amount and each taxable court cost including, without limitation, costs of service of process, shall be charged to the offender for any

+ See more
amount of the fine, fee, cost, restitution, or judgment of bond forfeiture or installment of the fine, fee, cost, restitution, or judgment of bond forfeiture that remains unpaid after the time fixed for payment of the fine, fee, cost, restitution, or judgment of bond forfeiture by the court.

Collection fee/interest All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 730 Ill. Comp. Stat. 5/5-9-3(a)-(b) Fines: Default

(a) An offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment. The court may issue a

+ See more
summons for his appearance or a warrant of arrest.

(b) Unless the offender shows that his default was not due to his intentional refusal to pay, or not due to a failure on his part to make a good faith effort to pay, the court may order the offender imprisoned for a term not to exceed 6 months if the fine was for a felony, or 30 days if the fine was for a misdemeanor, a petty offense or a business offense. Payment of the fine at any time will entitle the offender to be released, but imprisonment under this Section shall not satisfy the payment of the fine.

Incarceration All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 730 Ill. Comp. Stat. 5/5-9-3(e) Fines: Default

A default in payment of a fine, fee, cost, restitution, or judgment of bond forfeiture shall draw interest at the rate of 9% per annum.

Collection fee/interest All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 725 Ill. Comp. Stat. 5/113-3.1(g) Payment for Court-Appointed Counsel

A defendant who fails to obey any order of court entered under this Section may be punished for contempt of court. Any arrearage in payments may be reduced to judgment

+ See more
in the court's discretion and collected by any means authorized for the collection of money judgments under the law of this State.

Collection fee/interest All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 625 Ill. Comp. Stat. 5/6-206.1 Monitoring Device Driving Permit

Declaration of Policy. It is hereby declared a policy of the State of Illinois that the driver who is impaired by alcohol, other drug or drugs, or intoxicating compound or

+ See more
compounds is a threat to the public safety and welfare. Therefore, to provide a deterrent to such practice, a statutory summary driver’s license suspension is appropriate. It is also recognized that driving is a privilege and therefore, that the granting of driving privileges, in a manner consistent with public safety, is warranted during the period of suspension in the form of a monitoring device driving permit . . . Any offender participating in the MDDP program must pay the Secretary a MDDP Administration Fee in an amount not to exceed $30 per month, to be deposited into the Monitoring Device Driving Permit Administration Fee Fund. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. The offender must have an ignition interlock device installed within 14 days of the date the Secretary issues the MDDP. The ignition interlock device provider must notify the Secretary, in a manner and form prescribed by the Secretary, of the installation. If the Secretary does not receive notice of installation, the Secretary shall cancel the MDDP

Driver's license suspension/impoundment Traffic Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 12-56-50 Set off of tax refund
Subject to the limitations contained in this chapter, the department, upon request, shall render assistance in the collection of any delinquent account or debt owing to any claimant agency by
+ See more
setting off any refunds due the debtor from the department by the sum certified by the claimant agency as delinquent debt.
Wage/bank account garnishment All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 14-1-202(B) Compromise of fine
(B) The clerk of the appropriate court, or county treasurer or municipal treasurer, as appropriate, may compromise any fine, penalty, cost, fee, assessment, surcharge, service charge, restitution, or other amount
+ See more
imposed by a court or as a direct consequence of a court order to the extent necessary to collect these items. If a clerk or treasurer compromises an amount pursuant to this subsection, the proceeds representing the collected amount must be distributed pro rata to the entities that otherwise would have received the original amount.
Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

South Carolina S.C. Code Ann. § 14-17-725 Installment Plan
Where criminal fines, assessments, or restitution payments are paid through installments, a collection cost charge of three percent of the payment also must be collected by the clerk of court,
+ See more
magistrate, or municipal court from the defendant and transferred to the county treasurer or city treasurer, as appropriate, for deposit to credit of the county or municipal general fund.
Payment plan/installment plan All No