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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.
30 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Arizona | Ariz. Rev. Stat. Ann. § 13-804(L) | Restitution for offense causing economic loss; fine for reimbursement of public monies; notification of arrearage; review hearing |
Notwithstanding any other law, a restitution lien is created in favor of a victim of the defendant ordered to make restitution. Monies received monthly from the defendant shall be applied first to satisfy the restitution order entered by the court and the payment of any restitution in arrears. Any monies that are owed by this state to a person who is under a restitution order shall be assigned first to discharge the restitution order, including any tax refund that is owed to the defendant.
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Property liens | All | Yes |
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Arizona | Ariz. Rev. Stat. Ann. § 13-804(M) | Restitution for offense causing economic loss; fine for reimbursement of public monies; notification of arrearage; review hearing |
If the defendant, the state or persons entitled to restitution pursuant to a court order disagree with the manner of payment established in subsection E of this section, the defendant, court or person entitled to restitution may petition the court at any time to change the manner in which the restitution is paid. Before modifying the order pertaining to the manner in which the restitution is paid, the court shall give notice and an opportunity to be heard to the defendant, the state and, on request, persons entitled to restitution pursuant to a court order.
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Payment plan/installment plan | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-805(E) | Restitution and Fines: Jurisdiction |
A criminal restitution order may be recorded and is enforceable as any civil judgment, except that a criminal restitution order does not require renewal pursuant to section 12-1611 or 12-1612. Enforcement of a criminal restitution order by any person or by the state on behalf of any person who is entitled to restitution includes the collection of interest that accrues at a rate of ten percent a year. Enforcement of a criminal restituion order by the state includes the collection of interest that accrues at a rate of four percent a year. A criminal restitution order does not expire until paid in full. A filing fee, A recording fee or any other charge is not required for recording a criminal restitution order.
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Collection fee/interest | All | Yes |
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Arizona | Ariz. Rev. Stat. Ann. § 13-808(A) | Time and method of payment of fine; conditions of probation; no limitation on restitution and other assessments |
If a defendant is sentenced to pay a fine alone or in addition to any other sentence, the court or a probation officer or a staff member designated by the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence the fine shall be payable immediately.
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Payment plan/installment plan | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-808(B) | Time and method of payment of fines; conditions of probation; no limitation on restitution and other assessments |
If a defendant sentenced to pay a fine, restitution, penalty, assessment, incarceration cost or surcharge is also sentenced to probation, the court shall make payment of the fine, restitution, penalty, assessment, incarceration cost or surcharge a condition of probation.
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Condition or extension of supervision | All | Yes |
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Arizona | Ariz. Rev. Stat. Ann. § 13-810(D)(1) | Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
D. If the court finds that the defendant has willfully failed to pay fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following: 1. Order the defendant incarcerated in the county jail until the fine, surcharge, fee, assessment, restitution or incarceration costs, or a specified part of the fine, surcharge, fee, assessment, restitution or incarceration costs, is paid.
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Incarceration | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-810(D)(2) | Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
D. If the court finds that the defendant has willfully failed to pay fine, a surcharge, fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following: 2. Refer the defendant for revocation of probation, parole or community supervision and as authorized by law.
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Condition or extension of supervision | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-810(D)(3) | Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
3. Enter an order pursuant to section 13-812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected.
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Property liens | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-810(D)(4) | Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
If the court finds that the defendant has wilfully failed to pay a fine, a fee, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do one of the following:4. Order the defendant to perform community restitution
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Community service | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-812 | Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
A. After a hearing on an order to show cause pursuant to § 13-810, subsection A or B or after a hearing on a petition to revoke probation pursuant to § 13-804, subsection E or the rules of criminal procedure, the court may issue a writ of criminal garnishment for any fine, fee, restitution or incarceration costs.B. The court may order garnishment for monies that are owed to a victim or the court, the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine, fee, restitution or incarceration costs. A writ of criminal garnishment applies to any of the following: 1. The defendant's earnings as defined in § 12-1598. 2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings. 3. Monies that are held by a garnishee on behalf of a defendant. 4. The defendant's personal property that is in the possession of a garnishee. 5. If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant. 6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.
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Wage/bank account garnishment | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-912(A) | Restoration of civil rights for first offenders; exception |
Any person who has not previously been convicted of any other felony shall automatically be restored any civil rights that were lost or suspended by the conviction if the person both:1. Completes a term of probation or receives an absolute discharge from imprisonment. 2. Pays any fine or restitution imposed.
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Other | All | Yes |
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Arizona | Ariz. Rev. Stat. Ann. § 28-1601(A) | Failure to pay civil penalty; suspension or restriction of driving privilege; collection procedure |
A. A person shall pay all civil penalties within thirty days from entry of judgment, except that if payment within thirty days will place an undue economic burden on a person, the court may extend the time for payment or may provide for installment payments. If the civil penalty is not paid or an installment payment is not made when due, the court may declare the entire civil penalty due and, if so, the court shall do either of the following:
1. Notify the department and the department shall promptly suspend the person’s driving privilege or the person’s application or privilege to apply for a driving privilege until the civil penalty is paid. 2. Order that the person’s driving privilege be restricted as described in section 28-144 until the civil penalty is paid and notify the department of the restriction. |
Driver's license suspension/impoundment | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 28-3308 | Mandatory Suspension; Failure to Appear |
On notification by the court that a person failed to appear as directed for a scheduled court appearance after service of a criminal complaint alleging a violation of a provision of this title, the department shall suspend the person’s driver license or nonresident operating privilege until the person appears. If the person appears and does not pay the person’s fines, surcharges or assessments, on notification by the court the department shall suspend the person’s driving privileges or restrict the person’s driving privileges as described in section 28-144 until the fines, surcharges and assessments are paid.
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Driver's license suspension/impoundment | Traffic | Yes |
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Arizona | Ariz. Rev. Stat. Ann. § 13-806 | Restitution Lien |
A. The state or any person entitled to restitution pursuant to a court order may file inaccordance with this section a restitution lien. A filing fee, recording fee or any other charge is not required for filing a restitution lien.
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Property liens | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 22-429(C) | Judgment; imprisonment for fine; limitation; lien |
A sentence that the defendant pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a civil action.
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Property liens | All | Yes |
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Montana | Mont. Code Ann. § 46-18-244(3)(a) | Type and time of payment--defenses--ensuring payment |
In addition to other methods of payment, the court may order one or more of the following in order to satisfy the offender's restitution obligation: (a) forfeiture and sale of + See morethe offender's assets under the provisions of Title 25, chapter 13, part 7, unless the court finds, after notice and an opportunity for the offender to be heard, that the assets are reasonably necessary for the offender to sustain a living or support the offender's dependents or unless the state determines that the cost of forfeiture and sale would outweigh the amount available to the victim after sale. If the proceeds of sale exceed the amount of restitution ordered and the costs of forfeiture and sale, any remaining amount must be returned to the offender
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Property liens | All | No |
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Montana | Mont. Code Ann. § 46-18-244(6) | Type and time of payment--defenses--ensuring payment |
For a felony offense: (a) during any period that the offender is incarcerated, the department of corrections shall take a percentage, as set by department rule, of any money in + See moreany account of the defendant administered by the department and use the money to satisfy any existing restitution obligation; (b) at the beginning of any period during which the offender is not incarcerated, the offender shall sign a statement allowing any employer of the offender to garnish up to 25% of the offender's compensation and give the garnished amounts to the department of corrections to be used by the department to satisfy any existing restitution obligation; and (c) during any period that the defendant is on probation or parole, the probation and parole officer shall set a monthly restitution payment amount by dividing the total amount of unpaid restitution by the number of remaining months of probation or parole. The probation and parole officer may adjust the monthly payment up or down by a maximum of 10%, depending on the offender's circumstances.
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Wage/bank account garnishment | All | Yes |
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Montana | Mont. Code Ann. § 46-18-244(7) | Type and time of payment--defenses--ensuring payment |
The department of corrections shall give the department of revenue a copy of the order to pay restitution. If full restitution has not been paid, the department of revenue shall, + See morepursuant to an agreement made under 46-18-241, intercept any state tax refunds and any federal tax refunds, as provided by law, due the offender and transfer the money to the department of corrections for a felony offense and to the sentencing court for a misdemeanor offense for disbursement to the victim.
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Wage/bank account garnishment | All | Yes |
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Montana | Mont. Code Ann. § 46-18-208 | Termination of remaining portion of deferred or suspended sentence--petition |
When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor or defendant may file a petition to terminate the time remaining on + See morethe sentence
The court may grant the petition if it finds that...the defendant has paid all restitution and court-ordered financial obligations in full.
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Incarceration | All | No |
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Montana | Mont. Code Ann. § 46-18-233 | Fine or costs as condition on suspended or deferred sentence |
(1) Whenever a defendant is sentenced to pay a fine or costs under 46-18-231 or 46-18-232 and the imposition or execution of the rest of the defendant's sentence is deferred + See moreor suspended, the court may make payment of the fine or costs a condition for probation.
(2) A suspended or deferred sentence may not be revoked if the defendant defaults on the payment of the fine and the default is not attributable to an intentional refusal to obey the order of the court or a failure to make a good faith effort to make the payment.
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Incarceration | All | No |
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