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Poverty Penalties and Poverty Traps

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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.

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	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-26-401(d)	Nonsupport	A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of + See more a spouse or any person who is responsible for maintenance of a dependent child who states that nonsupport has taken place.	Incarceration	All	Yes
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-26-413	Temporary Support Order	At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may: ...(2) Punish for violation of the temporary + See more support order as for contempt.	Incarceration	All	No
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-26-414(c)	Order for Periodic Payments -- Release of Defendant on Own Recognizance	Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended.	Incarceration	All	Yes
Add to Dashboard + Create New	Delaware	10 Del. C. § 8603(b);(c)	Nonpayment of Costs	(b) If there has been no former citation for contempt, the term of imprisonment for contempt for the nonpayment of defense costs shall be set forth in the commitment order, + See more and shall not exceed 1 day for each $ 25 of the full amount. In no event shall imprisonment exceed 30 days if the fine was imposed upon conviction of a violation or misdemeanor. In all other cases, the court may impose a term of imprisonment not to exceed 1 year. A person committed for nonpayment shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order. (c) Upon a second or subsequent citation for contempt and unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make good faith effort to make the payment, the court may find that such default constitutes contempt and may order the defendant committed until the payment, or a specified part thereof, is paid.	Incarceration	All	No
Add to Dashboard + Create New	Delaware	10 Del. C. § 8603(e)	Nonpayment of Costs	A default in the payment of defense costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of + See more execution for the collection of such payment shall not discharge a defendant committed for imprisonment for contempt until the full amount of the fine has actually been collected. The court shall have the power to pursue civil enforcement to obtain the money due on behalf of the State, and to also pursue criminal remedies when civil means are not effective.	Incarceration	All	No
Add to Dashboard + Create New	Delaware	4 Del. C. § 902	Offenses Carrying Penalty of Fine of $500 to $1,000 or Imprisonment for 3 to 6 Months on Failure to Pay Fine	In addition to payment of costs, be fined not less than $500 nor more than $1,000, and, on failure to pay such fine and costs, shall be imprisoned not less + See more than 3 nor more than 6 months. Justices of the peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this section.	Incarceration	Misdemeanor	Yes
Add to Dashboard + Create New	Delaware	11 Del. C. § 4105(d)	Default in Payment of Fine; Inability to Pay	Notwithstanding subsection (a) of this section, where a defendant sentenced to be imprisoned is ordered to pay a fine, costs, restitution or all 3, the court may order an additional + See more sentence of imprisonment in lieu of requiring the payment of the fine, costs, restitution or all 3; provided, however, that this additional sentence of imprisonment may not exceed 30 days, to be served concurrently or consecutively with the sentence originally imposed, as the court may order.	Incarceration	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 32-23-4.10	Costs payable to county--Nonpayment punishable by contempt.	In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime for a violation of § 32-23-1 to remit + See more costs in the amount of fifty dollars to the clerk of courts. The clerk of courts shall forward any amount collected pursuant to this section to the county treasurer for deposit in the county general fund. Failure to remit the amount to the clerk of courts in the time specified by the court is punishable by contempt proceedings.	Incarceration	All	Yes
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 23A-47-6	Failure to comply with plan of restitution or of financial obligation constitutes violation of conditions — Modification of plan — Contempt	Failure of any individual in this system to comply with the plan of restitution or plan for financial obligations as approved or modified by the court constitutes a violation of + See more the conditions within this system. Without limitation, the court may modify the plan of restitution or financial obligation, extend the period of time for restitution or financial obligation, or continue the individual in the administrative financial accountability system. If the individual fails to make payment as ordered by the court, the individual may be held in contempt of the court’s order.	Incarceration	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 216-15-7	Resistance to judicial process as misdemeanorEvery person guilty of any contempt of court by intentional disobedience of any process or order lawfully issued by any court is guilty of a + See more Class 2 misdemeanor.	Every person guilty of any contempt of court by intentional disobedience of any process or order lawfully issued by any court is guilty of a Class 2 misdemeanor.	Incarceration	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-27-25.4	Default in payment of fine or costs and restitution	If a defendant sentenced to pay a fine, costs, or restitution, defaults in the timely payment thereof, the court may, upon its own motion or upon motion of the state's + See more attorney, require the defendant to show cause why he should not be imprisoned or jailed for nonpayment. The court may issue a warrant of arrest, bench warrant, or order to show cause for the defendant's appearance.	Incarceration	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-27-25.5	Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served	No defendant may be imprisoned or jailed for failure to pay a fine, costs, or restitution or have any suspended prison or jail sentence revoked without a prior hearing. At + See more the hearing, the defendant has the burden of proof to establish to the reasonable satisfaction of the magistrate or circuit judge that the defendant did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution. Failure by the defendant to make such a showing is grounds for being imprisoned or jailed. If the sentence provided for payment of fine or costs only, the term of jail or imprisonment may be no longer than the number of days equal to the total amount of the fine or costs imposed divided by sixty. For purposes of making this computation, any fraction of less than one day shall be dropped from the term of imprisonment. In no event may such imprisonment for failure to pay the fine, costs, and restitution together with all other time served or to be served exceed the maximum allowed by statute. If the defendant establishes that nonpayment was not willful or that the defendant did make a bona fide effort to pay, the defendant may not be imprisoned or jailed for nonpayment. The magistrate or circuit judge shall consider other alternatives which take into account the state's interest in punishment and deterrence. The court shall make findings in its decision.	Incarceration	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-28-8	Failure to comply as violation of conditions of probation--Modification of plan by court--Contempt	Failure of the defendant to comply with § 23A-28-3 or to comply with the plan of restitution as approved or modified by the court constitutes a violation of the conditions + See more of probation. Without limitation, the court may modify the plan of restitution or extend the period of time for restitution, regardless of whether the defendant is no longer on probation. If the defendant fails to make payment as ordered by the court, the defendant may be held in contempt of the court's order.	Condition or extension of supervision, Extension of probation/supervision, Incarceration, Payment plan/installment plan	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 6-10-105	Commitment for refusal to pay fine or costs; rate per day	A person committed to jail for willfully refusing to pay a fine or costs may be imprisoned if the court determines that the defendant has an ability to pay or + See more that a reasonable probability exists that the defendant will have an ability to pay, until the imprisonment, at the rate of fifteen dollars ($15.00) per day, equals the amount of the fine or costs, or the amount shall be paid or secured to be paid when he is discharged.	Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-11-504	Commitment until fine and costs paid	If a defendant sentenced to pay a fine or costs defaults in payment, the court may order the defendant to show cause why he should not be committed to jail. + See more If the court finds that the defendant's default is willful or is due to a failure on defendant's part to make a good faith effort to obtain the funds required for the payment and the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, the court may order him committed until the fine or costs, or a specified part thereof, is paid. The defendant shall be given a credit for each day of imprisonment at the rate provided by W.S. 6 10 105, and may earn additional credits against his fine or costs for work performed as provided by W.S. 7 16 101 through 7 16 104.	Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 6-10-105	Commitment for refusal to pay fine or costs; rate per day	A person committed to jail for willfully refusing to pay a fine or costs may be imprisoned if the court determines that the defendant has an ability to pay or + See more that a reasonable probability exists that the defendant will have an ability to pay, until the imprisonment, at the rate of fifteen dollars ($15.00) per day, equals the amount of the fine or costs, or the amount shall be paid or secured to be paid when he is discharged.	Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-9-109	Failure to comply; modification or extension of plan	Failure of the defendant to comply with W.S. 7 9 104 or to comply with the plan of restitution as approved or modified by the court is a violation of + See more the conditions of probation. If the probation period has expired, the restitution order may be enforced by either civil or criminal contempt proceedings. Criminal contempt under this section is punishable by imprisonment for not more than one (1) year. The court may modify the plan of restitution or extend the period of time for restitution, but, except for those cases falling within the provisions of W.S. 7 9 113 through 7 9 115, the court may not extend the period of time for restitution beyond ten (10) years following the date of the defendant's discharge from sentence or expiration of probation under W.S. 7 13 301.	Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-13-109(b),(c)	Payment of jail costs by inmate	(b) An order to pay room and board costs under this section shall be included as a special order in the judgment of conviction. To satisfy the order, the clerk + See more of the sentencing court, upon request of the sheriff or prosecuting attorney, may issue execution against any assets of the defendant including wages subject to attachment, in the same manner as in a civil action. (c) Willful failure or refusal to pay costs ordered under this section is punishable as contempt of court.	Incarceration, Property liens, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-13-301(a)(v),(c)	Placing person found guilty, but not convicted, on probation	(a) If a person who has not previously been convicted of any felony is charged with or is found guilty of or pleads guilty or no contest to any misdemeanor + See more except any second or subsequent violation of W.S. 31-5-233 or any similar provision of law, or any second or subsequent violation of W.S. 6-2-510(a) or 6-2-511(a) or any similar provision of law, or any felony except murder, sexual assault in the first or second degree, aggravated assault and battery or arson in the first or second degree, the court may, with the consent of the defendant and the state and without entering a judgment of guilt or conviction, defer further proceedings and place the person on probation for a term not to exceed thirty-six (36) months upon terms and conditions set by the court. The terms of probation shall include that he: (v) Pay restitution to each victim in accordance with W.S. 7-9-101 and 7-9-103 through 7-9-115. (c) If the defendant violates a term or condition of probation at any time before final discharge, the court may: (i) Enter an adjudication of guilt and conviction and proceed to impose sentence upon the defendant if he previously pled guilty to or was found guilty of the original charge for which probation was granted under this section; or (ii) Order that the trial of the original charge proceed if the defendant has not previously pled or been found guilty.	Condition or extension of supervision, Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. R. Crim. P. 46.4(c)	Sanctions for Failure to Appear or for Violation of Release Order	(c) Violation of release condition. A person who has been released under Rule 46.1, 46.2, or Rule 46.3 and who has violated a condition of that release, is subject to + See more a revocation of release and a prosecution for contempt of court.	Incarceration	All	No

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