Data Explorer: Enforcement Mechanisms | 50 State Criminal Justice Debt Tool

Poverty Penalties and Poverty Traps

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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.

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	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	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 + See more 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 + Create New	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 + Create New	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 + See more 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 + Create New	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, + See more 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 + Create New	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 + See more 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 + Create New	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 + Create New	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 + See more 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 + Create New	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 + See more 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 + Create New	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 + See more 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 + Create New	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 + See more 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 + Create New	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 + See more 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 + Create New	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 + Create New	Connecticut	Conn. Gen. Stat. § 53a-210	Levy of fine against property	Any fine against any person under section 53a-209 may be levied against any of his real property, personal property, tangible or intangible, choses in action or property of any kind + See more or nature, including debts owing to him, which may be situated or found in this state.	Property liens	All	No
Add to Dashboard + Create New	Connecticut	Conn. Gen. Stat. § 18-63	Commitment for failure to pay a fine	Upon any conviction for a crime, if the convict fails to pay any fine lawfully imposed, he shall be committed to a community correctional center until such fine is paid.	Incarceration	All	Yes
Add to Dashboard + Create New	Connecticut	Conn. Gen. Stat. § 52-356d	Installment payment order.	(a) When a judgment is rendered against a natural person, the judgment creditor or judgment debtor may move the court for an order for installment payments in accordance with a + See more money judgment. After hearing and consideration of the judgment debtors financial circumstances, the court may order installment payments reasonably calculated to facilitate payment of the judgment.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Connecticut	Conn. Gen. Stat. § 52-399	Commitment of debtor for contempt.	Any judge before whom any such examination is ordered may commit the judgment debtor for contempt in case of his neglect or refusal to attend or be sworn at the + See more examination or to answer any question put to him during the examination, and any such neglect or refusal, if the examination is ordered or had before a committee, may be by such committee reported to the judge by whom he was appointed, which judge may thereupon proceed for the contempt as fully as if the examination had been ordered or had before himself.	Incarceration	All	No
Add to Dashboard + Create New	Connecticut	Conn. Gen. Stat. § 18-50(a)(2)	Credit against unpaid fine for time spent in confinement, employed or performing community service	(2) Each person committed to any community correctional center upon conviction of any criminal offense, and held therein only for the payment of a fine, may be released from confinement + See more by the Commissioner of Correction and, with the agreement of the Court Support Services Division within the Judicial Department, be transferred to said division subject to the requirement that such person perform community service under the supervision of said division until the period of community service performed by such person at the rate of fifty dollars a day amounts to such fine or the balance thereof remaining unpaid. Any person so transferred shall remain under the jurisdiction of the commissioner. Such person shall be discharged from the jurisdiction of the commissioner when such person completes the period of community service required to be performed when computed in accordance with this subdivision or immediately upon payment of the fine in full. If, at any time during such persons release from confinement pursuant to this subdivision, the commissioner determines that the conduct of such person is unsuitable for continuation in such program of community service, such person may be returned to confinement.	Community service	All	No
Add to Dashboard + Create New	Connecticut	Conn. Gen. Stat. § 18-50(a)(1)	Credit against unpaid fine for time spent in confinement, employed or performing community service	(a)(1) Except as provided in subdivision (2) of this subsection, each person committed to any community correctional center upon conviction of any criminal offense, and held therein only for the + See more payment of a fine, shall be discharged from confinement when the time served by such person at a per diem rate equal to the average daily cost of incarceration as determined by the Commissioner of Correction amounts to such fine or the balance thereof remaining unpaid. Such person shall earn an additional credit of fifty dollars toward such fine or balance thereof remaining unpaid for each day such person is employed at productive or maintenance work and has established a satisfactory work record. In computing the number of days to be served, credit shall be given for Sundays, holidays and the day of admission. Each person so committed shall be released during the day following that which completes the time to be served when computed in accordance with this subdivision, or immediately upon payment of the fine in full.	Incarceration	All	Yes
Add to Dashboard + Create New	Connecticut	Conn. Gen. Stat. § 18-85(b)	Compensation of inmates. Deposit in account. Disbursement priorities.	(b) Compensation so earned shall be deposited, under the direction of the Commissioner of Correction, in an account in a savings bank or state bank and trust company in this + See more state or an account administered by the State Treasurer. Any compensation so earned shall be paid to the inmate on the inmates release from incarceration, except that the commissioner may, while the inmate is in custody, disburse any compensation earned by such inmate in accordance with the following priorities: (1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of the inmates dependents, if any; (7) the inmates necessary travel expense to and from work and other incidental expenses; (8) deposits credited to the inmates discharge savings account under section 18-84a; (9) costs of such inmates incarceration under section 18-85a and regulations adopted in accordance with said section; and (10) payment to the clerk of the court in which an inmate, confined in a correctional facility only for payment of a fine, was convicted, such portion of such compensation as is necessary to pay such fine.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Connecticut	Conn. Gen. Stat. § 18-85a(b)	State's claim against inmate's property for repayment of costs of incarceration	(b) The state shall have a claim against each inmate for the costs of such inmates incarceration under this section, and regulations adopted in accordance with this section, for which + See more the state has not been reimbursed. Any property owned by such inmate may be used to satisfy such claim, except property that is: (1) Exempt pursuant to section 52-352b or 52-352d, except as provided in subsection (b) of section 52-321a; (2) subject to the provisions of section 54-218; (3) acquired by such inmate after the inmate is released from incarceration, but not including property so acquired that is subject to the provisions of section 18-85b, 18-85c or 52-367c, and except as provided in subsection (b) of section 52-321a; (4) acquired by such inmate for work performed during incarceration as part of a program designated or defined in regulations adopted by the Commissioner of Correction, in accordance with the provisions of chapter 54, as a job training, skill development or career opportunity or enhancement program, other than a pilot program established pursuant to section 18-90b, except that the commissioner may assess a fee for participation in any such program; or (5) credited to a discharge savings account pursuant to section 18-84a, not in excess of one thousand dollars. In addition to other remedies available at law, the Attorney General, on request of the Commissioner of Correction, may bring an action in the superior court for the judicial district of Hartford to enforce such claim, provided no such action shall be brought but within two years from the date the inmate is released from incarceration or, if the inmate dies while in the custody of the commissioner, within two years from the date of the inmate's death, except that such limitation period shall not apply if such property was fraudulently concealed from the state.	Property liens	All	Yes

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