Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
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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.
23 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. § 12.55.051(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 | 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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Pennsylvania | 42 Pa. Stat. Ann. § 4137 | Contempt powers of Magisterial District Judges |
(a) General rule.-- A magisterial district judge shall have the power to issue attachments and impose summary punishments for criminal contempts of a magisterial district judge court in the + See morefollowing cases:(1) Misbehavior of any person in the presence of the court, thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a magisterial district judge.
(3) Failure to comply with an order of a magisterial district judge directing a defendant in a criminal proceeding to compensate the victim of the criminal conduct for the damage or injury sustained by the victim.
(4) Failure to comply with an order of a magisterial district judge directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.
(5) Violation of an order issued pursuant to 23 Pa.C.S. § 6110 (relating to emergency relief by minor judiciary).
(c) Punishment - Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days. Punishment for contempt specified in subsection (a)(5) shall be in accordance with that specified in 23 Pa.C.S. § 6114(b) (relating to contempt for violation of order or agreement). Punishment for contempt in subsection (a)(4) would be imprisonment for not more than 90 days.
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Incarceration | All | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 4138 | Contempt powers of Pittsburgh Magistrates Court |
(a) General Rule.— The Pittsburgh Magistrates Court shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:(1) Misbehavior of any person in + See morethe presence of the court thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a judge of the Pittsburgh Magistrate Court.
(3) Failure to comply with an order of a judge of the Pittsburgh Magistrates Court directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.
(c) Punishment.— Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or to imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days.
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Incarceration | All | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 4138 | Contempt powers of Pittsburgh Magistrates Court |
(a) General Rule.— The Pittsburgh Magistrates Court shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:(1) Misbehavior of any person in + See morethe presence of the court thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a judge of the Pittsburgh Magistrate Court.
(3) Failure to comply with an order of a judge of the Pittsburgh Magistrates Court directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.
(c) Punishment.— Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or to imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days.
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Incarceration | All | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 4139 | Contempt powers of Traffic Court of Philadelphia |
(a) General rule.— The Traffic Court of Philadelphia shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:(1) Misbehavior of any person + See morein the presence of the court thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a traffic court judge.
(3) Failure to comply with an order of a traffic court judge directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.
(c) Punishment.— Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or to imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days.
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Incarceration | Traffic | No |
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Pennsylvania | Pa. R. Crim. P. 142 | Procedures Governing Defaults in Payment of Fine Imposed as Punishment for Contempt; if found able to pay |
(A) If a contemnor defaults on the payment of a fine imposed as punishment for contempt pursuant to Rule 140(A)(1) and (B)(3), the issuing authority shall notify the contemnor in + See moreperson or by first class mail that within 10 days of the date on the default notice the contemnor must either: (1) pay the amount due as ordered, or (2) appear before the issuing authority to explain why the contemnor should not be imprisoned for nonpayment as provided by law, or a bench warrant for the contemnor's arrest shall be issued. (B) When the contemnor appears either in response to the paragraph (A)(2) notice or following an arrest with a warrant issued pursuant to paragraph (A), the issuing authority shall conduct a hearing to determine whether the contemnor is financially able to pay as ordered. (1) Upon a determination that the defendant is financially able to pay as ordered, the issuing authority may impose imprisonment for nonpayment, as provided by law. (2) Upon a determination that the contemnor is financially unable to pay as ordered, the issuing authority may order a schedule for installment payments. (C) A contemnor may appeal an issuing authority's determination pursuant to this rule by filing a notice of appeal within 30 days of the issuing authority's order. The appeal shall proceed as provided in Rule 141.
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Incarceration | All | Yes |
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Pennsylvania | Pa. R. Crim. P. 142 | Defaults in Payment of Fine Imposed as Punishment for Contempt |
(A) If a contemnor defaults on the payment of a fine imposed as punishment for contempt pursuant to Rule 140(A)(1) and (B)(3), the issuing authority shall notify the contemnor + See morein person or by first class mail that within 10 days of the date on the default notice the contemnor must either:
(1) pay the amount due as ordered, or
(2) appear before the issuing authority to explain why the contemnor should not be imprisoned for nonpayment as provided by law, or a bench warrant for the contemnor’s arrest shall be issued.
(B) When the contemnor appears either in response to the paragraph (A)(2) notice or following an arrest with a warrant issued pursuant to paragraph (A), the issuing authority shall conduct a hearing to determine whether the contemnor is financially able to pay as ordered.
(1) Upon a determination that the defendant is financially able to pay as ordered, the issuing authority may impose imprisonment for nonpayment, as provided by law.
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Incarceration | All | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 9730(b)(2) | Failure to pay court costs, restitution and fines |
(b) Procedures regarding default.--(1) If a defendant defaults in the payment of a fine, court costs or restitution after imposition of sentence, the issuing authority or a senior judge or + See moresenior magisterial district judge appointed by the president judge for the purposes of this section may conduct a hearing to determine whether the defendant is financially able to pay.
(2) If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is financially able to pay the fine or costs, the issuing authority, senior judge or senior magisterial district judge may turn the delinquent account over to a private collection agency or impose imprisonment for nonpayment, as provided by law.
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Incarceration | All | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 9772 | Failure to pay fine |
Unless there is proof that failure to pay a fine or that portion of the fine that is due is excusable, the court may after a hearing find the defendant + See moreguilty of contempt and sentence him to not more than six months imprisonment, if a term of confinement of that amount could have been imposed for the offense charged.
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Incarceration | All | No |
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South Dakota | S.D. Codified Laws § 32-23-4.10 | Costs payable to county--Nonpayment punishable by contempt. |
In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime for a violation of § 32-23-1 to remit costs in the amount of fifty dollars to the clerk of courts. The clerk of courts shall forward any amount collected pursuant to this section to the county treasurer for deposit in the county general fund. Failure to remit the amount to the clerk of courts in the time specified by the court is punishable by contempt proceedings.
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Incarceration | All | Yes |
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South Dakota | S.D. Codified Laws § 23A-47-6 | Failure to comply with plan of restitution or of financial obligation constitutes violation of conditions — Modification of plan — Contempt |
Failure of any individual in this system to comply with the plan of restitution or plan for financial obligations as approved or modified by the court constitutes a violation of the conditions within this system. Without limitation, the court may modify the plan of restitution or financial obligation, extend the period of time for restitution or financial obligation, or continue the individual in the administrative financial accountability system. If the individual fails to make payment as ordered by the court, the individual may be held in contempt of the court’s order.
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Incarceration | All | No |
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South Dakota | S.D. Codified Laws § 216-15-7 |
Resistance to judicial process as misdemeanorEvery person guilty of any contempt of court by intentional disobedience of any process or order lawfully issued by any court is guilty of a + See moreClass 2 misdemeanor.
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Every person guilty of any contempt of court by intentional disobedience of any process or order lawfully issued by any court is guilty of a Class 2 misdemeanor. |
Incarceration | All | No |
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South Dakota | S.D. Codified Laws § 223A-27-25.4 | Default in payment of fine or costs and restitution |
If a defendant sentenced to pay a fine, costs, or restitution, defaults in the timely payment thereof, the court may, upon its own motion or upon motion of the state's attorney, require the defendant to show cause why he should not be imprisoned or jailed for nonpayment. The court may issue a warrant of arrest, bench warrant, or order to show cause for the defendant's appearance.
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Incarceration | All | No |
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South Dakota | S.D. Codified Laws § 223A-27-25.5 | Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served |
No defendant may be imprisoned or jailed for failure to pay a fine, costs, or restitution or have any suspended prison or jail sentence revoked without a prior hearing. At the hearing, the defendant has the burden of proof to establish to the reasonable satisfaction of the magistrate or circuit judge that the defendant did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution.
Failure by the defendant to make such a showing is grounds for being imprisoned or jailed. If the sentence provided for payment of fine or costs only, the term of jail or imprisonment may be no longer than the number of days equal to the total amount of the fine or costs imposed divided by sixty. For purposes of making this computation, any fraction of less than one day shall be dropped from the term of imprisonment. In no event may such imprisonment for failure to pay the fine, costs, and restitution together with all other time served or to be served exceed the maximum allowed by statute. If the defendant establishes that nonpayment was not willful or that the defendant did make a bona fide effort to pay, the defendant may not be imprisoned or jailed for nonpayment. The magistrate or circuit judge shall consider other alternatives which take into account the state's interest in punishment and deterrence. The court shall make findings in its decision. |
Incarceration | All | No |
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South Dakota | S.D. Codified Laws § 223A-28-8 | Failure to comply as violation of conditions of probation--Modification of plan by court--Contempt |
Failure of the defendant to comply with § 23A-28-3 or to comply with the plan of restitution as approved or modified by the court constitutes a violation of the conditions of probation. Without limitation, the court may modify the plan of restitution or extend the period of time for restitution, regardless of whether the defendant is no longer on probation. If the defendant fails to make payment as ordered by the court, the defendant may be held in contempt of the court's order.
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Condition or extension of supervision, Extension of probation/supervision, Incarceration, Payment plan/installment plan | All | No |
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Wyoming | Wyo. Stat. Ann. § 6-10-105 | Commitment for refusal to pay fine or costs; rate per day |
A person committed to jail for willfully refusing to pay a fine or costs may be imprisoned if the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, until the imprisonment, at the rate of fifteen dollars ($15.00) per day, equals the amount of the fine or costs, or the amount shall be paid or secured to be paid when he is discharged.
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Incarceration | All | No |
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Wyoming | Wyo. Stat. Ann. § 7-11-504 | Commitment until fine and costs paid |
If a defendant sentenced to pay a fine or costs defaults in payment, the court may order the defendant to show cause why he should not be committed to jail. If the court finds that the defendant's default is willful or is due to a failure on defendant's part to make a good faith effort to obtain the funds required for the payment and the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, the court may order him committed until the fine or costs, or a specified part thereof, is paid. The defendant shall be given a credit for each day of imprisonment at the rate provided by W.S. 6 10 105, and may earn additional credits against his fine or costs for work performed as provided by W.S. 7 16 101 through 7 16 104.
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Incarceration | All | No |
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Wyoming | Wyo. Stat. Ann. § 6-10-105 | Commitment for refusal to pay fine or costs; rate per day |
A person committed to jail for willfully refusing to pay a fine or costs may be imprisoned if the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, until the imprisonment, at the rate of fifteen dollars ($15.00) per day, equals the amount of the fine or costs, or the amount shall be paid or secured to be paid when he is discharged.
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Incarceration | All | No |
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Wyoming | Wyo. Stat. Ann. § 7-9-109 | Failure to comply; modification or extension of plan |
Failure of the defendant to comply with W.S. 7 9 104 or to comply with the plan of restitution as approved or modified by the court is a violation of the conditions of probation. If the probation period has expired, the restitution order may be enforced by either civil or criminal contempt proceedings. Criminal contempt under this section is punishable by imprisonment for not more than one (1) year. The court may modify the plan of restitution or extend the period of time for restitution, but, except for those cases falling within the provisions of W.S. 7 9 113 through 7 9 115, the court may not extend the period of time for restitution beyond ten (10) years following the date of the defendant's discharge from sentence or expiration of probation under W.S. 7 13 301.
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Incarceration | All | No |
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For more information, please visit cjpp.law.harvard.edu.