50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
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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.
20 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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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 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.
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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 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.
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Condition or extension of supervision | All | Yes |
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Georgia | Ga. Code Ann. § 42-8-34(e)(3)(A)(iii);(e)(3)(B) | Sentencing Hearings and Determinations; Presentence Investigations; Payment of Fees, Fines, and Costs; Post-Conviction, Presentence Bond; Continuing Jurisdiction; Transferal of Probation Supervision |
(iii) "Significant financial hardship" means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months; (B) The court shall waive, modify, or convert fines, statutory surcharges, probation supervision fees, and any other moneys assessed by the court or a provider of probation services upon a determination by the court prior to or subsequent to sentencing that a defendant has a significant financial hardship or inability to pay or that there are any other extenuating factors which prohibit payment or collection; provided, however, that the imposition of sanctions for failure to pay such sums shall be within the discretion of the court through judicial process or hearings.
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All | No | |
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Georgia | Ga. Code Ann. § 42-8-34.2(a) | Delinquency of Defendant in Payment of Fines, Costs, or Restitution or Reparation; Costs of Garnishment |
In the event that a defendant is delinquent in the payment of fines, costs, or restitution or reparation, as was ordered by the court as a condition of probation, the defendant's officer shall be authorized, but shall not be required, to execute a sworn affidavit wherein the amount of arrearage is set out. In addition, the affidavit shall contain a succinct statement as to what efforts DCS has made in trying to collect the delinquent amount. The affidavit shall then be submitted to the sentencing court for approval. Upon signature and approval of the court, such arrearage shall then be collectable through issuance of a writ of fieri facias by the clerk of the sentencing court; and DCS may enforce such collection through any judicial or other process or procedure which may be used by the holder of a writ of execution arising from a civil action.
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Civil judgment | All | No |
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Georgia | Ga. Code Ann. § 17-6-1.1(1);(2) | Electronic Pretrial Release and Monitoring Program for Defendants; Requirements; Procedures; Fees |
(1) As an additional condition of electronic pretrial release and monitoring, a defendant authorized to participate in such program by the court shall pay a reasonable, nonrefundable fee for program enrollment, equipment use, and monitoring to the provider of such program. If a bonding company, bonding agent, or probation service provider is the provider, the fees earned in the capacity of being such a provider shall be in addition to the fees allowed in Code Sections 17-6-30, 42-8-34, and 42-8-102; (2) The fees connected with the electronic pretrial release and monitoring program shall be timely paid by a defendant as a condition of his or her ongoing participation in the electronic pretrial release and monitoring program in accordance with the terms for such programs as approved by the court. Failure to make timely payments shall constitute a violation of the terms of the electronic pretrial release and monitoring program and shall result in the defendant's immediate return to custody.
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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.