50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
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See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
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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.
13 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. § 13-802(E) | Fines for misdemeanors |
A judgment that the defendant shall 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 | Misdemeanor | Yes |
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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. § 13-810(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. § 13-801(B) | Fines for felonies |
A judgment that the defendant shall 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 | Felony | No |
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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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Nebraska | (2)Neb. Rev. Stat. § 28-1011 | Violations; liability for expenses |
Even if reimbursement for expenses is not ordered under subsection (1) of this section, the defendant shall be liable for all unreimbursed expenses incurred by a public or private agency in conjunction with the care, impoundment, seizure, or disposal of an animal. The expenses shall be a lien upon the animal.
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Property liens | All | No |
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Wyoming | Wyo. Stat. Ann. § 31-9-305 | Payment of judgments in installments; failure to meet payments |
(a) A judgment debtor upon notice to the judgment creditor may apply to the court in which judgment was rendered for the privilege of paying the judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may order and fix the amounts and times of payment of the installments.
(b) The division shall not suspend a license, registration or a nonresident's operating privilege, and shall restore any license, registration 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, and while the payment of any installment is not in default. (c) If the judgment debtor fails to pay any installment as specified by the order, then upon notice of default, the division shall suspend the license, registration or nonresident's operating privilege of the judgment debtor until the judgment is fully satisfied, as provided in this act. |
Driver's license suspension/impoundment, Payment plan/installment plan | All | No |
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Wyoming | Wyo. Stat. Ann. § 6-6-207 | Assessment of tax when permanent injunction issues; collection; continuing liability for other penalties |
Whenever a permanent injunction issues against any person for maintaining a nuisance or against the owner or agent of any building kept or used for the purposes prohibited by this article, there shall be assessed against the building and the ground upon which it is located and against the person or persons maintaining the nuisance, and the owner or agent of the premises, a tax of three hundred dollars ($300.00). The assessment of the tax shall be made by the assessor of the county in which the nuisance exists and shall be made within three (3) months from the date of granting of the permanent injunction. If the assessor fails or neglects to make the assessment, it shall be made by the sheriff of the county and a return of the assessment shall be made to the county treasurer. The tax may be enforced and collected in the manner prescribed for the collection of taxes under the general revenue laws and shall be a perpetual lien upon all property, both personal and real used for the purpose of maintaining the nuisance. The payment of the tax does not relieve the person or building from any other penalties provided by law and when collected shall be applied and distributed in the manner prescribed by law for the application and distribution of monies arising from the collection of fines and penalties in criminal cases.
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Collection fee/interest, Property liens | All | Yes |
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Wyoming | Wyo. Stat. Ann. § 7-13-109(b),(c) | Payment of jail costs by inmate |
(b) An order to pay room and board costs under this section shall be included as a special order in the judgment of conviction. To satisfy the order, the clerk of the sentencing court, upon request of the sheriff or prosecuting attorney, may issue execution against any assets of the defendant including wages subject to attachment, in the same manner as in a civil action.
(c) Willful failure or refusal to pay costs ordered under this section is punishable as contempt of court. |
Incarceration, Property liens, Wage/bank account garnishment | All | No |
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Wyoming | Wyo. Stat. Ann. § 31-9-303 | Continued suspension until judgment satisfied; discharge in bankruptcy |
Except as provided in W.S. 31-9-305, the license, registration and nonresident's operating privilege shall not be renewed, nor shall any license or registration be issued in the name of the person, including any person not previously licensed, until every judgment is stayed, satisfied or discharged, except that a discharge in bankruptcy does satisfy the judgment for the purposes of this section.
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Driver's license suspension/impoundment | All | Yes |
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.