Poverty Penalties and Poverty Traps

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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. § 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

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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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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,

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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.

Incarceration 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),
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a 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
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
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that 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.
Incarceration All No
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Wisconsin Wis. Stat. § 973.07 Failure to pay fine, fees, surcharges, or costsor to comply with certain community service work.
If the fine, plus costs, fees, and surcharges imposed under ch. 814, are not paid or community service work under s. 943.017 (3) is not completed as required by the
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sentence, the defendant may be committed to the county jail until the fine, costs, fees, and surcharges are paid or discharged, or the community service work under s.943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.
Incarceration All No
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Wisconsin Wis. Stat. § 800.095(1)(a) Nonpayment of monetary judgment
(a) Suspension of the defendant’s operating privilege until the defendant pays the judgment, but not to exceed one year. If the court orders suspension under this paragraph, all of the
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following apply: 1. The court shall notify the department of transportation of the suspension for failure to pay the judgment. If the defendant pays the judgment, the court shall notify the department of transportation of the payment within 7 days in the form and manner prescribed by the department. 2. The court may order the suspension concurrent or consecutive to any other suspensions or revocations. If the court fails to specify whether the suspension is consecutive or concurrent, the department of transportation shall implement the suspension concurrent with any other suspensions or revocations. 3. If the judgment remains unpaid at the end of the one?year suspension, the court may not order a further suspension of operating privileges in relation to the outstanding judgment. 3m. If the court terminates the defendant’s suspension as the result of the defendant’s agreement to a payment plan or community service and the defendant is later suspended because he or she defaults on that plan or service, the new suspension shall be reduced by the amount of time that the suspension was served before being terminated by the court. 4. Serving the complete one?year suspension of the defendant’s operating privilege does not relieve the defendant of the responsibility to pay the judgment. 5. During the period of operating privilege suspension under this paragraph, the defendant may request the court to reconsider the order of suspension based on an inability to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d). The court shall consider the defendant’s request. If the court determines that the inability to pay the judgment is because of poverty, the court shall withdraw the suspension and grant the defendant further time to pay or withdraw the suspension and order one or more other sanctions set forth in this subsection, including community service. 6. This paragraph does not apply if the judgment was entered solely for a violation of an ordinance unrelated to the violator’s operation of a motor vehicle unless the judgment is ordered under ch. 938. Nonmoving traffic offenses, as defined in s. 345.28 (1)(c), are related to the violator’s operation of a motor vehicle.
Driver's license suspension/impoundment All No
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Wisconsin Wis. Stat. § 800.095(1)(b) Nonpayment of monetary judgment
(b) 1. That the defendant be imprisoned until the forfeiture, assessments, surcharge, and costs are paid. If the court orders imprisonment under this subdivision, all of the following apply: a.
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The maximum period of imprisonment shall be 90 days for any one judgment, and the defendant shall receive credit against the amount owed at the rate of at least $50 for each day of imprisonment, including imprisonment following an arrest but prior to the court making a finding under subd. 2. b. The court may impose a term of imprisonment under this subdivision that is either concurrent with or consecutive to any other term of imprisonment imposed at the same time or any term of imprisonment imposed by any court. 2. No defendant may be imprisoned under subd. 1. unless the court makes one of the following findings: a. Either at sentencing or thereafter, that the defendant has the ability to pay the judgment within a reasonable time. If a defendant meets the criteria in s. 814.29 (1) (d), the defendant shall be presumed unable to pay under this subsection and the court shall either suspend or extend payment of the judgment or order community service. b. The defendant has failed, without good cause, to perform the community service authorized under this subsection or s.800.09. c. The defendant has failed to attend an indigence hearing offered by the court to provide the defendant with an opportunity to determine whether he or she has the ability to pay the judgment. d. The defendant has failed, without good cause, to complete an assessment or treatment program related to alcohol or drugs that was ordered in lieu of a monetary forfeiture. 3. a. Except as provided in subd. 3. b., the defendant shall be committed to a jail or a house of correction in the county in which the cause of action arose. b. The defendant may be committed to the jail in another county within or outside of the state if the other county borders the county in which the cause of action arose, and the monthly expenses charged to the municipality by the other county to imprison the defendant are at least 25 percent less than the monthly expenses charged by the county in which the cause of action arose, and the other county agrees to having the defendant committed to the jail in that county. c. The defendant shall be eligible for privileges under s.303.08 or a similar program in the other county if committed under subd. 3. b. The municipality shall pay the expenses incurred by the county to imprison the defendant.
Incarceration All No