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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.
17 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Arkansas | Ark. Code Ann. § 16-98-304(b) | Cost and Fees |
(1)The drug court judge shall establish a schedule for the payment of costs and fees. . . (7) Court orders for costs and fees shall remain an obligation of the offender with court monitoring until fully paid.
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Payment plan/installment plan | All | Yes |
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Arkansas | Ark. Code Ann. § 16-98-304(b) | Cost and Fees |
(b)(1) The drug court judge shall establish a schedule for the payment of costs and fees. . . (7) Court orders for costs and fees shall remain an obligation of the offender with court monitoring until fully paid
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Condition or extension of supervision | All | Yes |
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Arkansas | Ark. Code Ann. § 5-4-204(a) | Collection After Default |
When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected by any means authorized for the enforcement of a money judgment in a civil action.
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Wage/bank account garnishment | All | No |
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Arkansas | Ark. Code Ann. § 5-4-204(a) | Collection After Default |
When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected by any means authorized for the enforcement of a money judgment in a civil action.
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Property liens | All | No |
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Arkansas | Ark. Code Ann. § 5-4-204(b) | Collection After Default |
A judgment that the defendant pay a fine or costs constitutes a lien on the real property and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action.
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Property liens | All | Yes |
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Arkansas | Ark. Code Ann. § 17-1-103(d)(1) | Registration, Certification, and Licensing for Criminal Offenders |
For the purposes of this section, completion of the following shall be deemed prima facie evidence of sufficient rehabilitation: (1) Probation or parole supervision. |
Driver's license suspension/impoundment | All | No |
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Arkansas | Ark. Code Ann. § 16-17-131 | Suspension of License for Failure to Appear |
(a) A person required to appear before a district court in this state, having been served with any form of notice to appear for any criminal offense, traffic violation, or misdemeanor charge, shall appear at the time and place designated in the notice.
(b)(1) If a person fails to appear as required in subsection (a) of this section, the presiding judge may suspend the person's driver's license.(2) The license shall be suspended until the person appears and completes the sentence ordered by the court.(3) After the person satisfies all requirements of the sentence, the Department of Finance and Administration shall assess the current fees for reinstatement of a driver's license. |
Driver's license suspension/impoundment | All | No |
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Arkansas | Ark. Code Ann. § 5-4-202 | Alternative Sentence Prohibited -- Time of Payment |
(a) If the defendant is sentenced to pay a fine or costs, the court shall not at the same time impose an alternative sentence or imprisonment to be served if the fine or costs are not paid.
(b)(1) If a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made:(A) Within a specified period of time; or(B) In specified installments.(2) If permission under subdivision (b)(1) of this section is not granted in the sentence, the fine or costs are payable immediately. |
Payment plan/installment plan | All | No |
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Arkansas | Ark. Code Ann. § 16-92-104 | Costs and Fees -- Capital Cases |
The costs in all cases of conviction where the convict may be sentenced to suffer death, and all expenses attending the execution of the sentence, shall be adjudged and taxed by the court and paid out of the estate of the convict, and execution may be issued against the estate of the convict therefor.
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Property liens | Felony | Yes |
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Arkansas | Ark. Code Ann. § 16-92-102 | Costs and Fees -- Execution |
(a) The clerk of the court, at the end of each term, shall issue executions for all fines imposed on indictments, in penal actions, or otherwise, and for the costs of conviction in criminal cases during the term, and remaining unpaid, which shall be executed in the same manner as executions in civil cases. The property of the defendant may be seized and sold, notwithstanding that he or she may be in custody for the same demand.
(b) In every case where a witness is summoned by a special subpoena to testify in a particular case in which an indictment may be found, it shall be the duty of the clerk to tax the attendance of the witness with the cost of the suit, to be collected from the defendant, in the event that judgment shall be rendered against him or her therefor, and to be paid into the county treasury. |
Property liens | All | No |
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Arkansas | Ark. Code Ann. § 16-92-101(a) | Costs and Fees -- Defendant's Property Bound From Time of Arrest |
The property, both real and personal, of any person charged with a criminal offense shall be bound from the time of his or her arrest or the finding of an indictment against him or her, whichever shall first happen, for the payment of all fines and costs which he or she may be adjudged to pay. However, no such lien shall be enforced unless the county judge of the county in which the judgment is rendered on the criminal charge shall file, or cause to be filed, with the circuit clerk of the county in which the person may own property, and within six (6) months after the rendition of judgment against the person, a notice of lis pendens as provided for in §§ 16-59-101 -- 16-59-105, 16-59-107, and 16-66-402 and shall cause suit to be instituted to enforce the lien within two (2) years after the date of the filing of the notice.
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Property liens | All | Yes |
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Arkansas | A.C.A. § 3-3-102 | Sentences and Fines |
(a) When a jail sentence is inflicted as part of the punishment, all persons convicted under this act shall serve out the sentence at hard labor; (b) All fines and costs assessed against any person under this act and not paid or replevied shall be served out by confinement at hard labor at the rate of one (1) day for each one dollar ($1.00) of the fine and costs.
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Work program/jail industry program | All | No |
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New Jersey | N.J. Stat. Ann. § 2B:12-23.1 | Community Service |
Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date + See moreof the hearing or has failed to pay a previously imposed penalty, the court may order the person to perform community service in lieu of the payment of a penalty; or, order the payment of the penalty in installments for a period of time determined by the court. If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may: (1) reduce the penalty, suspend the penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty. b. For the purposes of this section, “penalty” means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c. 75 (C.39:4-97.2).
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Payment plan/installment plan | All | No |
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New Jersey | N.J. Stat. Ann. § 2C:46-2 | Consequences of Nonpayment |
When a defendant sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), a penalty imposed pursuant to section 11 of P.L.2001, c. 81 (C.2C:43-3.6), + See morea penalty imposed pursuant to section 1 of P.L.2005, c. 73 (C.2C:14-10), monthly probation fee, fine, a penalty imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5), other court-imposed financial obligations or to make restitution or pay child support or other support or maintenance ordered by a court defaults in the payment thereof or of any installment, upon the motion of the person authorized by law to collect the payment, the motion of the prosecutor, the motion of the victim entitled to payment of restitution, the motion of the Victims of Crime Compensation Office, the motion of the State or county Office of Victim and Witness Advocacy or upon its own motion, the court shall recall him, or issue a summons or a warrant of arrest for his appearance. The court shall afford the person notice and an opportunity to be heard on the issue of default. Failure to make any payment when due shall be considered a default. The standard of proof shall be by a preponderance of the evidence, and the burden of establishing good cause for a default shall be on the person who has defaulted. (1) If the court finds that the person has defaulted without good cause, the court shall: (a) Order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person
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Driver's license suspension/impoundment | All | Yes |
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New Jersey | N.J. Stat. Ann. § 2C:46-2 | Consequences of Nonpayment |
If the court finds that the person defaulted on payment of a court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court without good cause and finds + See morethat the default was willful, the court may, in addition to the action required by paragraph (1) of this subsection a., impose a term of imprisonment or participation in a labor assistance program or enforced community service to achieve the objective of the court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court. These options shall not reduce the amount owed by the person in default. The term of imprisonment or enforced community service or participation in a labor assistance program in such case shall be specified in the order of commitment. It need not be equated with any particular dollar amount but, in the case of a fine it shall not exceed one day for each $50 of the fine nor shall it exceed a period of 90 consecutive days. In no case shall the total period of imprisonment in the case of a disorderly persons offense for both the sentence of imprisonment and for failure to pay a fine exceed six months.
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Incarceration | All | No |
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New Jersey | N.J. Stat. Ann. § 17:29A-35 | Motor vehicle violations surcharges for private passenger automobiles |
If, upon written notification from the commission or its designee, mailed to the last address of record with the commission, a driver fails to pay a surcharge levied under this section and + See morecollectible by the commission, the driving privilege of the driver shall be suspended forthwith until at least five percent of each outstanding surcharge assessment that has resulted in suspension is paid to the commission; except that the commission may authorize payment of the surcharge on an installment basis over a period of 12 months for assessments under $2,300 or 24 months for assessments of $2,300 or more. The commission, for good cause, may authorize payment of any surcharge on an installment basis over a period not to exceed 36 months. If a driver fails to pay the surcharge or any installments on the surcharge, the total surcharge shall become due immediately, except as otherwise prescribed by rule of the commission.
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Payment plan/installment plan | All | No |
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New Jersey | N.J. Stat. Ann. § 17:29A-35 | Motor vehicle violations surcharges for private passenger automobiles |
As an additional remedy, the commission may issue a certificate to the Clerk of the Superior Court stating that the person identified in the certificate is indebted under this surcharge + See morelaw in such amount as shall be stated in the certificate. The certificate shall reference the statute under which the indebtedness arises. Thereupon the clerk to whom such certificate shall have been issued shall immediately enter upon the record of docketed judgments the name of such person as debtor; the State as creditor; the address of such person, if shown in the certificate; the amount of the debt so certified; a reference to the statute under which the surcharge is assessed, and the date of making such entries. The docketing of the entries shall have the same force and effect as a civil judgment docketed in the Superior Court, and the commission shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken upon the recovery of a judgment in an action, but without prejudice to any right of appeal.
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