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

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.

18 Results

Export results to Excel

State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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.

Property liens All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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,

+ See more
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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.

+ See more
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.

Collection fee/interest All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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,

+ See more
assessment, incarceration cost or surcharge a condition of probation.

Condition or extension of supervision All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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.

Condition or extension of supervision All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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.

Property liens All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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

Community service All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
§ 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.

Wage/bank account garnishment All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
both:1. Completes a term of probation or receives an absolute discharge from imprisonment. 2. Pays any fine or restitution imposed.

Other All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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,

+ See more
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
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.

Driver's license suspension/impoundment Traffic Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
other charge is not required for filing a restitution lien.

Property liens All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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

+ See more
civil action.

Property liens All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Idaho Idaho Code § 31-3201E Drug Court and Mental Health Court Fee -- Drug Court and Mental Health Court Fund

Each person admitted into a drug court or mental health court shall pay a drug court and mental health court fee in an amount not to exceed three hundred dollars

+ See more
($ 300) per month or a lesser amount as set by the administrative district judge for participants in the drug court and mental health court. ... Any failure to pay the drug court and mental health court fee may constitute grounds for termination from drug court or mental health court by the court, provided this shall not be the exclusive remedy for collection of the fee. If a participant is terminated from the drug court or mental health court prior to successful completion of the program and a judgment of conviction is entered against the defendant, any unpaid drug court and mental health court fee shall be ordered by the court in the judgment of conviction, provided the court may order such fee to be waived if the court determines that the person is indigent and unable to pay the fee. Such fee shall be in addition to all other fines and fees levied, and the payment of such fee may also be ordered as a term and condition of probation.

Other All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Idaho Idaho Code § 20-225 Payment for Cost of Supervision

Any person under state probation or parole supervision shall be required to contribute not more than seventy-five dollars ($ 75.00) per month as determined by the board of correction. Costs

+ See more
of supervision are the direct and indirect costs incurred by the department of correction to supervise probationers and parolees, including tests to determine drug and alcohol use, books and written materials to support rehabilitation efforts, and monitoring of physical location through the use of technology. Any failure to pay such contribution shall constitute grounds for the revocation of probation by the court or the revocation of parole by the commission for pardons and parole. The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution if it finds any of the following factors to exist: (1)  The offender has diligently attempted but been unable to obtain employment. (2)  The offender has a disability affecting employment, as determined by a physical, psychological or psychiatric examination acceptable to the division of probation and parole.

Condition or extension of supervision All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Idaho Idaho Code § 19-4708(1);(2) Collection of Debts Owed to Courts -- Contracts for Collection

(1)  The supreme court, or the clerks of the district court with the approval of the administrative district judge, may enter into contracts in accordance with this section for collection services

+ See more
for debts owed to courts. The cost of collection shall be paid by the defendant or juvenile offender as an administrative surcharge when the defendant or juvenile offender fails to pay any amount ordered by the court and the court utilizes the services of a contracting agent pursuant to this section;  (2)  As used in this section: (a)  "Contracting agent" means a person, firm or other entity who contracts to provide collection services. (b)  "Cost of collection" means the fee specified in contracts to be paid to or retained by a contracting agent for collection services. (c)  "Debts owed to courts" means any assessment of fines, court costs, surcharges, penalties, fees, restitution, moneys expended in providing counsel and other defense services to indigent defendants or juvenile offenders or other charges which a court judgment or disposition has ordered to be paid to the court in civil, criminal, or juvenile cases, and which remain unpaid in whole or in part, and includes any interest or penalties on such unpaid amounts as provided for in the judgment or by law.

Collection fee/interest All No