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 (2)
- Alaska (1)
- Arizona (15)
- (-) Arkansas (12)
- California (6)
- Colorado (6)
- Connecticut (15)
- Delaware (7)
- Florida (33)
- Georgia (5)
- Hawaii (5)
- Idaho (3)
- Illinois (6)
- Indiana (7)
- Iowa (5)
- Kansas (7)
- Kentucky (4)
- Louisiana (14)
- Maine (6)
- Maryland (0)
- Massachusetts (3)
- Michigan (5)
- Minnesota (2)
- Mississippi (7)
- Missouri (6)
- Montana (9)
- Nebraska (8)
- Nevada (7)
- New Hampshire (5)
- New Jersey (5)
- New Mexico (7)
- New York (7)
- North Carolina (4)
- North Dakota (4)
- Ohio (4)
- Oklahoma (13)
- Oregon (1)
- Pennsylvania (6)
- Rhode Island (3)
- South Carolina (21)
- South Dakota (7)
- (-) Tennessee (9)
- Texas (24)
- Utah (12)
- Vermont (2)
- Virginia (21)
- Washington (22)
- Washington DC (4)
- West Virginia (6)
- Wisconsin (8)
- Wyoming (8)
Keyword search
Reset
Reset all filtersType of poverty penalty or poverty trap
- Civil judgment (0)
- Collection fee/interest (3)
- Community service (0)
- Condition or extension of supervision (1)
- Driver's license suspension/impoundment (3)
- Extension of probation/supervision (0)
- Incarceration (1)
- Increased fine (0)
- Other (0)
- Payment plan/installment plan (3)
- Property liens (5)
- Wage/bank account garnishment (2)
- Work program/jail industry program (3)
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.
21 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
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.
|
Payment plan/installment plan | All | Yes |
|
Add to Dashboard
|
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
|
Condition or extension of supervision | All | Yes |
|
Add to Dashboard
|
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.
|
Wage/bank account garnishment | All | No |
|
Add to Dashboard
|
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.
|
Property liens | All | No |
|
Add to Dashboard
|
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.
|
Property liens | All | Yes |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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.
|
Property liens | Felony | Yes |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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.
|
Property liens | All | Yes |
|
Add to Dashboard
|
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.
|
Work program/jail industry program | All | No |
|
Add to Dashboard
|
Tennessee | Tenn. Code Ann. § 40-24-105(b) | Collection; fines, costs and litigation taxes; license revocation |
A license issued under title 55 for any operator or chauffeur shall be revoked by the commissioner of safety if the licensee has not paid all litigation taxes, court costs, + See moreand fines assessed as a result of disposition of any offense under the criminal laws of this state within one (1) year of the date of disposition of the offense. The license shall remain revoked until such time as the person whose license has been revoked provides proof to the commissioner of safety that all litigation taxes, court costs, and fines have been paid.
|
Driver's license suspension/impoundment | All | Yes |
|
Add to Dashboard
|
Tennessee | Tenn. Code Ann. § 40-24-105(d)(2) | Collection; fines, costs and litigation taxes; license revocation |
On or after January 1, 2015, if an agent is used, the agent's collection fee shall be added to the total amount owed. The agent's collection fee shall not exceed + See moreforty percent (40%) of any amounts actually collected. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to forty percent (40%) may be withheld for the collection agent, with the remainder being allocated according to the formula.
|
Collection fee/interest | All | Yes |
|
Add to Dashboard
|
Tennessee | Tenn. Code Ann. § 40-24-105(g) | Collection; fines, costs and litigation taxes; license revocation |
After a fine, costs, or litigation taxes have been in default for at least five (5) years, the criminal or general sessions court clerk may, subject to approval by a + See morecourt of competent jurisdiction, accept a lump-sum partial payment in full settlement of the outstanding balance due on a case. The court shall not approve a settlement unless the amount accepted is equal to or greater than fifty percent (50%) of the combined outstanding balance of all fines, costs, and litigation taxes due on the case. When moneys are paid into court pursuant to this subsection (g), the allocation formula outlined in subsection (a) shall be followed, except the percentage that may be retained by the clerk pursuant to subsection (d) may be withheld, with the remainder being allocated according to the formula.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Tennessee | Tenn. Code Ann. § 40-4-106 | Fines and Costs |
On conviction, the offender shall immediately pay the fine and costs, or give security to pay them, or be imprisoned until they are paid. The fine and costs, if paid + See morebefore execution, shall be paid to the clerk; if paid after execution, to the officer having the execution.
|
Incarceration | All | Yes |
|
Add to Dashboard
|
Tennessee | Tenn. Code Ann. § 40-24-105(d)(1) | Collection; fines, costs and litigation taxes; license revocation |
(d)(1) Any fine, costs, or litigation taxes remaining in default after the entry of the order assessing the fine, costs, or litigation taxes may be collected by the district attorney + See moregeneral or the criminal or general sessions court clerk in the manner authorized by this section and otherwise by the trial court by contempt upon a finding by the court that the defendant has the present ability to pay the fine and willfully refuses to pay. After a fine, costs, or litigation taxes have been in default for at least six (6) months, the district attorney general or criminal or general sessions court clerk may retain an agent to collect, or institute proceedings to collect, or establish an in-house collection procedure to collect, fines, costs and litigation taxes. If an agent is used, the district attorney general or the criminal or general sessions court clerk shall request the county purchasing agent to utilize normal competitive bidding procedures applicable to the county to select and retain the agent. If the district attorney general and the criminal or general sessions court clerk cannot agree upon who collects the fines, costs and litigation taxes, the presiding judge of the judicial district or a general sessions judge shall make the decision. The district attorney general or criminal or general sessions court clerk may retain up to fifty percent (50%) of the fines, costs and litigation taxes collected pursuant to this subsection (d) in accordance with any in-house collection procedure or, if an agent is used, for the collection agent. The proceeds from any in-house collection shall be treated as other fees of the office. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to fifty percent (50%) may be withheld for in-house collection or, if an agent is used, for the collection agent, with the remainder being allocated according to the formula.
|
Collection fee/interest | All | No |
|
Add to Dashboard
|
Tennessee | Tenn. Code Ann. § 41-2-111 | Hard labor; good time credit; disciplinary review boards |
(a) In all cases where a person is by law liable to be imprisoned in the county jail for punishment or for failure to pay a fine, that person shall + See morebe sentenced to be confined, and shall be confined, at hard labor in the county workhouse until the expiration of the sentence of imprisonment or, subject to the limitations imposed by § 40-24-104, until the fine has been worked out, paid or secured to be paid.
|
Work program/jail industry program | All | Yes |
|
Add to Dashboard
|
Tennessee | Tenn. Code Ann. § 41-3-104 | Fines and costs; payment |
If a prisoner is confined for failure to pay a fine and costs, the prisoner shall be detained until the fine and costs, except litigation tax, have been paid by + See morethe proceeds of the prisoner's labor.
|
Work program/jail industry program | All | Yes |
|
Add to Dashboard
|
Tennessee | Tenn. Code Ann. § 55-6-108 | Fines, penalties and forfeitures; transmittal |
(a) All fines, penalties and forfeitures of bonds imposed or collected under chapters 1-6 of this title shall be paid over immediately after receipt thereof to the commissioner, with an + See moreaccompanying statement setting forth the action or proceedings in which these moneys were collected, the name and residence of the defendant, the nature of the offense and fines, penalty, forfeiture or sentence, if any, imposed.(b) The commissioner is empowered, in the name of the state, to take all steps necessary to enforce the collection and prompt return of all fines, penalties and forfeitures of bonds, and the fines, penalties and forfeitures of bonds, when so collected, shall be deposited by the commissioner with the state treasurer and shall become a part of the general funds of the state.
|
Collection fee/interest | 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.