Poverty Penalties and Poverty Traps

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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

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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
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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

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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
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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,

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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
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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

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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
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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

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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
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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

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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
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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

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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
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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

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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
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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

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or more in delinquent traffic fines for moving violations committed within the municipality.

Driver's license suspension/impoundment Traffic No
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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

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a person against whom the judgment is given except as otherwise provided in this chapter.

Driver's license suspension/impoundment Traffic Yes
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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

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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
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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

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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
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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

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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
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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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Georgia Ga. Code Ann. § 17-10-8.1 Fee For Legal Defense Services as Condition of Probation

In any case in which a defendant receives legal defense services pursuant to Chapter 12 of Title 17 where the defendant has not paid the application fee required by Code

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Section 15-21A-6 and the court has not waived such fee at the time of sentencing, the court shall impose such fee as a condition of probation.

Condition or extension of supervision All Yes
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Georgia Ga. Code Ann. § 17-10-20(c) Collection of Fines and Restitution in Criminal Cases

If the fine or restitution is not paid in full, such judgment may be enforced by instituting any procedure for execution upon the writ of fieri facias through levy, foreclosure,

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garnishment, and all other actions provided for the enforcement of judgments in the State of Georgia and in other states and foreign nations where such judgment is afforded full faith and credit under the Uniform Foreign Money Judgments Act or domestication thereof.

Wage/bank account garnishment All No
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Georgia Ga. Code Ann. § 42-8-102(f)(4) Fixing of Sentence; Supervision or Probation of Sentence; Change in Sentence; Eligibility For Parole; Prohibited Modifications; Exceptions

(A) For failure to report to probation or failure to pay fines, statutory surcharges, or probation supervision fees, the court shall consider the use of alternatives to confinement, including community

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service, modification of the terms of probation, or any other alternative deemed appropriate by the court. The court shall consider whether a failure to pay court imposed financial obligations was willful. In the event an alternative is not warranted, the court shall revoke the balance of probation or a period not to exceed 120 days in confinement, whichever is less; and (B) For failure to comply with any other general provision of probation or suspension, the court shall consider the use of alternatives to confinement, including community service or any other alternative deemed appropriate by the court. In the event an alternative is not warranted, the court shall revoke the balance of probation or a period not to exceed two years in confinement, whichever is less.

Community service All Yes
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Georgia Ga. Code Ann. § 42-8-102(f)(2) Probation and Supervision; Determination of Fees, Fines, and Restitution; Converting Moneys Owed to Community Service or Educational Advancement; Community Jurisdiction; Revocation; Transfer

(A)  When the sole basis for a probation revocation is for failure to pay fines, statutory surcharges, or probation supervision fees, the probationer shall be scheduled to appear on the

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court's next available court calendar for a hearing on such issue. No prehearing arrest warrant shall be issued under such circumstances. Absent a waiver, the court shall not revoke a probationary sentence for failure to pay fines, statutory surcharges, or probation supervision fees without holding a hearing, inquiring into the reasons for the probationer's failure to pay, and, if a probationary sentence is revoked, making an express written determination that the probationer has not made sufficient bona fide efforts to pay and the probationer's failure to pay was willful or that adequate alternative types of punishment do not exist. Should the probationer fail to appear at such hearing, the court may, in its discretion, revoke the probated sentence. (B)  A person otherwise found eligible to have his or her probation modified or terminated pursuant to paragraph (1) of this subsection shall not be deemed ineligible for modification or termination of probation solely due to his or her failure to pay fines, statutory surcharges, or probation supervision fees.

Condition or extension of supervision All Yes