50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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.
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See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
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- Alabama (6)
- (-) Alaska (12)
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- Connecticut (18)
- Delaware (15)
- Florida (80)
- Georgia (9)
- Hawaii (9)
- Idaho (11)
- Illinois (10)
- Indiana (7)
- Iowa (11)
- Kansas (12)
- Kentucky (12)
- Louisiana (18)
- Maine (21)
- (-) Maryland (10)
- Massachusetts (16)
- Michigan (25)
- Minnesota (6)
- Mississippi (9)
- Missouri (21)
- (-) Montana (17)
- Nebraska (8)
- Nevada (14)
- New Hampshire (16)
- New Jersey (20)
- New Mexico (13)
- New York (15)
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- Ohio (29)
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- Texas (29)
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- Washington (30)
- Washington DC (5)
- West Virginia (10)
- Wisconsin (9)
- (-) Wyoming (21)
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- Civil judgment (3)
- Collection fee/interest (1)
- Community service (5)
- Condition or extension of supervision (7)
- Driver's license suspension/impoundment (5)
- Extension of probation/supervision (0)
- Incarceration (14)
- Increased fine (4)
- Other (0)
- Payment plan/installment plan (10)
- Property liens (8)
- Wage/bank account garnishment (8)
- Work program/jail industry program (3)
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Level of Offense
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.
60 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Alaska | Alaska Stat. Ann. § 12.55.025(f) | Sentencing Procedures |
A sentence that the defendant pay money, either as a fine or in restitution or both, constitutes a lien in the same manner as a judgment for money entered in a civil action. Nothing in this section limits the authority of the court to otherwise enforce payment of a fine or restitution.
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Property liens | All | Yes |
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Alaska | Alaska Stat. Ann. § 12.55.035(d) | Fines |
If a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments. |
Payment plan/installment plan | All | No |
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Alaska | Alaska Stat. Ann. § 12.55.051(a) | Enforcement of Fines and Restitution |
If the defendant defaults in the payment of a fine or any installment or of restitution or any installment, the court may order the defendant to show cause why the defendant should not be sentenced to imprisonment for nonpayment and, if the payment was made a condition of the defendant's probation, may revoke the probation of the defendant subject to the limits set out in AS 12.55.110.
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Condition or extension of supervision | All | No |
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Alaska | Alaska Stat. Ann. § 12.55.051(a) | Enforcement of Fines and Restitution |
If the court does not find that the default was attributable to the defendant's inability to pay despite having made continuing good faith efforts to pay the fine or restitution, the court may order the defendant imprisoned subject to the limits set out in AS 12.55.110. A term of imprisonment imposed under this section may not exceed one day for each $50 of the unpaid portion of the fine or restitution or one year, whichever is shorter. Credit shall be given toward satisfaction of the order of the court for every day a person is incarcerated for nonpayment of a fine or restitution.
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Incarceration | All | No |
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Alaska | Alaska Stat. Ann. § 12.55.055(c) | Community work |
The court may offer a defendant convicted of an offense the option of performing community work in lieu of a fine, surcharge, or portion of a fine or surcharge if the court finds the defendant is unable to pay the fine. The value of community work in lieu of a fine is the state's minimum wage for each hour.
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Community service | All | No |
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Alaska | AK Const. Art. 1, § 17 | Imprisonment for Debt |
There shall be no imprisonment for debt. This section does not prohibit civil arrest of absconding debtors. |
Incarceration | All | Yes |
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Alaska | Alaska Stat. Ann. § 12.55.041(d) | Correctional Facility Surcharge |
The court shall include a surcharge imposed under (a) of this section in the judgment of conviction. The court shall include the imposition of a surcharge under (c) of this section in the order revoking probation. For a surcharge that is not paid by the person as required by this section, the state shall seek reimbursement from the person's permanent fund dividend as provided under AS 43.23.065. For purposes of collection and priority of attachment under AS 43.23.065, a surcharge imposed under this section is accounted for in the same manner as a cost of imprisonment under AS 28.35.030(k) and 28.35.032(o). The state may enforce payment of a surcharge under this section under AS 09.35 as if it were a civil judgment enforceable by execution. This subsection does not limit the authority of the court to enforce surcharges.
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Property liens | All | Yes |
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Alaska | Alaska Stat. Ann. § 12.55.045(c) | Restitution and Compensation |
If a defendant is sentenced to pay restitution, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If the defendant fails to make one or more payments required under this section, the victim or the state on the victim's behalf may enforce the total amount remaining under the order of restitution as provided in (l) of this section.
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Payment plan/installment plan | All | No |
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Alaska | Alaska Stat. Ann. § 12.55.045(l) | Restitution and Compensation |
An order by the court that the defendant pay restitution is a civil judgment for the amount of the restitution. An order by the court that the defendant pay restitution when the court suspends imposition of sentence under AS 12.55.085 is a civil judgment for the amount of the restitution and remains enforceable and is not discharged when a conviction is set aside under AS 12.55.085. The victim or the state on behalf of the victim may enforce the judgment through any procedure authorized by law for the enforcement of a civil judgment. If the victim enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded. If the state on the victim's behalf enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded, up to a maximum of twice the amount of restitution owing at the time the civil process was initiated. This section does not limit the authority of the court to enforce orders of restitution.
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Civil judgment | All | Yes |
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Alaska | Alaska Stat. § 12.55.039(b) | Surcharge |
A court may not fail to impose the surcharge required under this section. The surcharge may not be waived, deferred, or suspended. A court may allow a defendant who is unable to pay the surcharge required to be imposed under this section to perform community work under AS 12.55.055(c) in lieu of the surcharge.
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Community service | All | No |
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Alaska | Alaska Stat. § 12.55.039(c) | Surcharge |
The surcharge shall be paid within 10 days of imposition or such shorter period of time as ordered by the court. Failure to pay the surcharge is punishable as contempt of court. Proceedings to collect the surcharge may be instituted by the state, the municipality, or by the court on its own motion.
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Civil judgment | All | Yes |
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Alaska | Alaska Stat. § 12.55.035(d) | Fines |
If a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments. |
Payment plan/installment plan | All | No |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-503(a) | Installment | When a court imposes a fine, the court may order the defendant to pay the fine: (1) When the court imposes sentence; or (2) In specified installments at designated intervals. | Payment plan/installment plan | All | No |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-503(c) | Condition Probation on Payment | If a court sentences a defendant to probation, the court may make payment of a fine a condition of the sentence. | Condition or extension of supervision | All | No |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-504(c)(3) | Imprisonment |
After an investigation that a court considers necessary as to the reasons for the failure or inability to pay a fine, the court: May order that the individual be committed + See moreto a correctional facility;
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Incarceration | All | No |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-505 | Collection of Unpaid Fines and Costs | Unpaid and undischarged fines and unpaid costs may be levied, executed on, and collected in the same manner as judgments in civil cases. | Property liens | All | No |
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Maryland | Md. Code Ann., Transp. § 26-207(a) | Revocation of Commercial License |
If a person holding a commercial driver's license fails to comply with a notice to appear in court or a notice for failure to pay a fine for a traffic + See morecitation issued to the person under the laws or regulations of another state, and the other state's driver licensing authority notified the Administration of the noncompliance, on receipt of the notice of noncompliance and after giving the person 10 days' written notice, the Administration shall suspend the driving privileges of the person until receipt of a notice of compliance from the other state.
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Driver's license suspension/impoundment | All | No |
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Maryland | Md. Code Ann., Transp. § 27-103(a) | Revocation of License |
If a person fined under the Maryland Vehicle Law1 or under any federal traffic law or regulation for a violation occurring in Maryland does not pay the fine in accordance + See morewith the court's directive: (1) The court may so certify to the Administration; and (2) On such certification, after giving the person 10 days advance written notice, the Administration may suspend the driving privileges or license of the person until the fine has been paid.
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Driver's license suspension/impoundment | All | No |
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Maryland | Md. Code Ann., Crim. Law §10-119(i) | Criminal Contempt Sanctions |
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may + See morebe punished by the court as provided by law.
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Increased fine | All | No |
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Maryland | Md. Code Ann., Crim. Law §10-127(c) | Criminal Contempt Sanctions | A defendant's willful failure to pay a fine imposed under this part may be treated as a criminal contempt punishable as provided by law. | Increased fine | All | No |
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For more information, please visit cjpp.law.harvard.edu.