50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
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
State
- Alabama (1)
- Alaska (1)
- (-) Arizona (3)
- Arkansas (2)
- (-) California (4)
- Colorado (2)
- Connecticut (2)
- Delaware (2)
- Florida (10)
- Georgia (1)
- Hawaii (2)
- Idaho (0)
- Illinois (0)
- Indiana (2)
- Iowa (2)
- Kansas (3)
- Kentucky (2)
- Louisiana (5)
- Maine (2)
- Maryland (0)
- Massachusetts (2)
- Michigan (1)
- Minnesota (1)
- Mississippi (3)
- Missouri (3)
- Montana (2)
- Nebraska (5)
- Nevada (1)
- New Hampshire (0)
- New Jersey (3)
- New Mexico (5)
- New York (2)
- North Carolina (1)
- North Dakota (1)
- Ohio (0)
- Oklahoma (4)
- (-) Oregon (0)
- Pennsylvania (2)
- Rhode Island (1)
- South Carolina (7)
- South Dakota (3)
- Tennessee (2)
- Texas (4)
- Utah (4)
- Vermont (1)
- Virginia (5)
- Washington (16)
- Washington DC (2)
- West Virginia (3)
- Wisconsin (3)
- Wyoming (4)
Keyword search
Reset
Reset all filtersType of poverty penalty or poverty trap
- Civil judgment (0)
- Collection fee/interest (2)
- Community service (2)
- Condition or extension of supervision (2)
- Driver's license suspension/impoundment (2)
- Extension of probation/supervision (0)
- (-) Incarceration (2)
- Increased fine (0)
- Other (2)
- (-) Payment plan/installment plan (5)
- Property liens (4)
- Wage/bank account garnishment (1)
- Work program/jail industry program (0)
Narrrow results
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.
7 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
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.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
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.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
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.
|
Incarceration | All | No |
|
Add to Dashboard
|
California | Cal. Rules of Court 4.335(4)(A) | Ability to pay determination for infraction offenses | the court may exercise its discretion to: (A) Provide for payment on an installment plan | Payment plan/installment plan | Misdemeanor | No |
|
Add to Dashboard
|
California | Cal. Pen. Code § 1465.7(f) | Proceedings in Misdemeanor and Infraction Cases: State surcharge; Transmittal to General Fund; Construction with Vehicle Code provisions |
When amounts owed by an offender as a result of a conviction are paid in installment payments, payments shall be credited pursuant to Section 1203.1d. The amount of the surcharge established by this section shall be transmitted to the State Treasury prior to the county retaining or disbursing the remaining amount of the fines, penalties, and forfeitures imposed.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
California | Cal. Pen. Code § 1462.5 | Proceedings in Misdemeanor and Infraction Cases: Proration of fines, penalties, forfeitures, and fees |
Each installment or partial payment of a fine, penalty, forfeiture or fee shall be prorated among the state and local shares according to the uniform accounting system established by the State Controller pursuant to Section 71380 of the Government Code. In cases subject to Section 1463.18 of the Penal Code, proration shall not occur until the minimum amounts have been transferred to the Restitution Fund as provided in that section.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
California | Cal. Rules of Court 4.435(b) | Sentencing on revocation of probation, mandatory supervision, and postrelease community supervision |
(b) On revocation and termination of probation under section 1203.2, when the sentencing judge determines that the defendant will be committed to prison or county jail under section 1170(h):(1) If the imposition of sentence was previously suspended, the judge must impose judgment and sentence after considering any findings previously made and hearing and determining the matters enumerated in rule 4.433(c).The length of the sentence must be based on circumstances existing at the time probation was granted, and subsequent events may not be considered in selecting the base term or in deciding whether to strike the additional punishment for enhancements charged and found.
|
Incarceration | 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.