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.
46 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
---|---|---|---|---|---|---|---|
Add to Dashboard
|
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.
|
Property liens | All | Yes |
Add to Dashboard
|
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 |
Add to Dashboard
|
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.
|
Condition or extension of supervision | All | No |
Add to Dashboard
|
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.
|
Incarceration | All | No |
Add to Dashboard
|
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.
|
Community service | All | No |
Add to Dashboard
|
Alaska | Alaska Stat. Ann. § 28.15.181(g) | Court Suspensions, Revocations, and Limitations |
The court may suspend the driver's license, privilege to drive, or privilege to obtain a license of a person who fails to appear in court as required by a citation for an offense involving a moving motor vehicle, or who fails to pay a fine as required by the court for an offense involving a moving motor vehicle. If the court suspends a driver's license under this subsection, the court shall also provide notice of the suspension to the department. A suspension imposed under this subsection remains in effect until the person appears in court as required by the citation, or pays the fine as required by the court. When the person appears in court or pays the required fine, the court shall terminate the suspension imposed under this subsection and provide the department and the person with written notice of the termination.
|
Driver's license suspension/impoundment | Traffic | No |
Add to Dashboard
|
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 |
Add to Dashboard
|
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.
|
Property liens | All | Yes |
Add to Dashboard
|
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.
|
Payment plan/installment plan | All | No |
Add to Dashboard
|
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.
|
Civil judgment | All | Yes |
Add to Dashboard
|
Alaska | Alaska Stat. Ann. § 28.01.015(a)(5) | Municipal Impoundment and Forfeiture |
(a) Notwithstanding other provisions in this title, a municipality may adopt an ordinance providing for the impoundment or forfeiture of a: (5) motor vehicle used by a person who has $1,000 or more in delinquent traffic fines for moving violations committed within the municipality.
|
Driver's license suspension/impoundment | Traffic | No |
Add to Dashboard
|
Alaska | Alaska Stat. § 28.20.270 | Suspension for Nonpayment of Judgments |
Upon receipt of a certified copy of a judgment and a certificate of facts relative to the judgment, the department shall immediately suspend the license or nonresident’s operating privilege of a person against whom the judgment is given except as otherwise provided in this chapter.
|
Driver's license suspension/impoundment | Traffic | Yes |
Add to Dashboard
|
Alaska | Alaska Stat. § 28.20.370 | Installment Payment of Judgments; Default |
(a) A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying the judgment in installments and the court, without prejudice at any other legal remedy, may order and fix the amount and time of payment of the installments; (b) The department may not suspend a license or nonresident’s operating privilege, and shall restore a license or nonresident’s operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of the judgment in installments; (c) If the judgment debtor fails to pay an installment specified by the court order, upon notice of default, the department shall immediately suspend the license or nonresident’s operating privilege of the judgment debtor until the judgment is satisfied as provided in this chapter.
|
Driver's license suspension/impoundment | Traffic | No |
Add to Dashboard
|
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.
|
Community service | All | No |
Add to Dashboard
|
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.
|
Civil judgment | All | Yes |
Add to Dashboard
|
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 |
Add to Dashboard
|
Wisconsin | Wis. Stat. § 973.20(10)(a) | Restitution |
(10) (a) The court may require that restitution be paid immediately, within a specified period or in specified installments. If the defendant is placed on probation or sentenced to imprisonment,the + See moreend of a specified period shall not be later than the end of any period of probation, extended supervision or parole. If the defendant is sentenced to the intensive sanctions program, the end of a specified period shall not be later than the end of the sentence under s. 973.032 (3) (a).
(b) The department or the clerk of court may certify an amount
owed under par. (a) to the department of revenue if any of the following apply:
1. The court required that restitution be paid immediately and more than 30 days have passed since the order was entered.
2. The court required that restitution be paid within a specified period and more than 30 days have passed since the expiration of that period.
3. The court required that restitution be paid in specified installments and the defendant is delinquent in making any of those payments.
|
Payment plan/installment plan | All | No |
Add to Dashboard
|
Wisconsin | Wis. Stat. § 973.07 | Failure to pay fine, fees, surcharges, or costsor to comply with certain community service work. |
If the fine, plus costs, fees, and surcharges imposed under ch. 814, are not paid or community service work under s. 943.017 (3) is not completed as required by the + See moresentence, the defendant may be committed to the county jail until the fine, costs, fees, and surcharges are paid or discharged, or the community service work under s.943.017 (3) is completed, for a period fixed by the court not to
exceed 6 months.
|
Incarceration | All | No |
Add to Dashboard
|
Wisconsin | Wis. Stat. § 973.05(4)(a) | Fines ("Judgment of unpaid amount by court") |
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:(a) + See moreIssue a judgment for the unpaid amount and direct the clerk to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid amount, the court shall send
to the defendant at his or her last?known address written notification that a civil judgment has been issued for the unpaid fine, surcharge, costs, or fees. The judgment has the same force and effect as judgments docketed under s. 806.10.
|
Increased fine | All | No |
Add to Dashboard
|
Wisconsin | Wis. Stat. § 973.05(4)(b) | Fines ("Wage/benefits garnishment") |
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following: + See more (b) Issue an order assigning not more than 25 percent of the defendants commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102, and other money due or to be due inthe future to the clerk of circuit court for payment of the unpaid fine, surcharge, costs, or fees. In this paragraph, employer includes the state and its political subdivisions.
|
Wage/bank account garnishment | All | No |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.