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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
Add to Dashboard + Create New	California	Cal. Rules of Court 4.335(4)(B)	Ability to pay determination for infraction offenses	the court may exercise its discretion to: . . . (B) Allow the defendant to complete community service in lieu of paying the total fine (if available)	Community service	Misdemeanor	No
Add to Dashboard + Create New	California	Cal. Rules of Court 4.335(4)(A)	Ability to pay determination for infraction offenses	the court may exercise its discretion to: (A) Provide for payment on an installment plan	Payment plan/installment plan	Misdemeanor	No
Add to Dashboard + Create New	California	CA ST J ADMIN STANDARDS Standard 4.40	Traffic infraction procedures	to insure the prompt and efficient disposition of traffic infraction cases, each court should:(1) Authorize the clerk, within limits set by the court, to grant defendants extensions of time for + See more the posting of bail and payment of fines.	Payment plan/installment plan	Traffic	No
Add to Dashboard + Create New	California	Cal. Pen. Code § 166(e)(2)	Contempt of court; Stalking; Punishments	...If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements:(A) + See more That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000). (B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.	Collection fee/interest	Misdemeanor	No
Add to Dashboard + Create New	California	Cal. Pen. Code § 594(c), (f)	Vandalism; Punishment	(c) Upon conviction of any person under this section for acts of vandalism consisting of defacing property with graffiti or other inscribed materials, the court shall, when appropriate and feasible, in + See more addition to any punishment imposed under subdivision (b), order the defendant to clean up, repair, or replace the damaged property himself or herself, or order the defendant, and his or her parents or guardians if the defendant is a minor, to keep the damaged property or another specified property in the community free of graffiti for up to one year. Participation of a parent or guardian is not required under this subdivision if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. If the court finds that graffiti cleanup is inappropriate, the court shall consider other types of community service, where feasible.... (f) The court may order any person ordered to perform community service or graffiti removal pursuant to paragraph (1) of subdivision (c) to undergo counseling.	Community service	Misdemeanor	Yes
Add to Dashboard + Create New	California	Cal. Pen. Code § 1465.7(f)	Proceedings in Misdemeanor and Infraction Cases: State surcharge; Transmittal to General Fund; Construction with Vehicle Code provisions	When amounts owed by an offender as a result of a conviction are paid in installment payments, payments shall be credited pursuant to Section 1203.1d. The amount of the surcharge + See more established by this section shall be transmitted to the State Treasury prior to the county retaining or disbursing the remaining amount of the fines, penalties, and forfeitures imposed.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	California	Veh. Code § 42003(a)	Penalties - Public Offense: Payment of fines; Consideration of defendant’s ability to pay	A judgment that a person convicted of an infraction be punished by a fine may also provide for the payment to be made within a specified time or in specified + See more installments.	Payment plan/installment plan	Traffic	No
Add to Dashboard + Create New	California	Cal. Pen. Code § 1462.5	Proceedings in Misdemeanor and Infraction Cases: Proration of fines, penalties, forfeitures, and fees	Each installment or partial payment of a fine, penalty, forfeiture or fee shall be prorated among the state and local shares according to the uniform accounting system established by the + See more State Controller pursuant to Section 71380 of the Government Code. In cases subject to Section 1463.18 of the Penal Code, proration shall not occur until the minimum amounts have been transferred to the Restitution Fund as provided in that section.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	California	Cal. Pen. Code § 1463.010(f)	Proceedings in Misdemeanor and Infraction Cases: Enforcement of court orders; Guidelines for collection program; Annual report; Business license suspension program; Amnesty	Notwithstanding any other provision of law, the Judicial Council, after consultation with the Franchise Tax Board with respect to collections under Section 19280 of the Revenue and Taxation Code, may + See more provide for an amnesty program involving the collection of outstanding fees, fines, forfeitures, penalties, and assessments, applicable either statewide or within one or more counties. The amnesty program shall provide that some or all of the interest or collections costs imposed on outstanding fees, fines, forfeitures, penalties, and assessments may be waived if the remaining amounts due are paid within the amnesty period.	Collection fee/interest	All	No
Add to Dashboard + Create New	California	Cal. Rules of Court 4.435(b)	Sentencing on revocation of probation, mandatory supervision, and postrelease community supervision	(b) On revocation and termination of probation under section 1203.2, when the sentencing judge determines that the defendant will be committed to prison or county jail under section 1170(h):(1) If + See more the imposition of sentence was previously suspended, the judge must impose judgment and sentence after considering any findings previously made and hearing and determining the matters enumerated in rule 4.433(c).The length of the sentence must be based on circumstances existing at the time probation was granted, and subsequent events may not be considered in selecting the base term or in deciding whether to strike the additional punishment for enhancements charged and found.	Incarceration	All	No
Add to Dashboard + Create New	California	Cal. Pen. Code § 273a(c)(3)(B)	Endangering child or causing or permitting child to suffer physical pain, mental suffering, or injury; Conditions of probation	(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall + See more probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant’s changed circumstances, the court may reduce or waive the fees.	Condition or extension of supervision	Misdemeanor, Felony	No
Add to Dashboard + Create New	California	Cal. Pen. Code § 1202.43(b)	Payment of restitution fine	(b) A restitution fine shall be deemed a debt of the defendant owing to the state for the purposes of Sections 12418 and 12419.5 of the Government Code, excepting any + See more amounts the defendant has paid to the victim as a result of the crime. Upon request by the Controller, the district attorney of a county or the Attorney General may take any necessary action to recover amounts owing on a restitution fine. The amount of the recovery shall be increased by a sum sufficient to cover any costs incurred by any state or local agency in the administration of this section. The remedies provided by this subdivision are in addition to any other remedies provided by law for the enforcement of a judgment.	Collection fee/interest	Misdemeanor, Felony	No
Add to Dashboard + Create New	California	Cal. Pen. Code § 1205(b)	Judgment imposing fine; Imprisonment pending payment; Default; Fee for processing accounts receivable; Limitation	(b) Except as otherwise provided in case of fines imposed, as a condition of probation, the defendant shall pay the fine to the clerk of the court, or to the + See more judge if there is no clerk, unless the defendant is taken into custody for nonpayment of the fine, in which event payments made while he or she is in custody shall be made to the officer who holds the defendant in custody, and all amounts paid shall be paid over by the officer to the court that rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part of that fine, or if there is no clerk, the court shall take notice of the default. If time has been given for payment of a fine or it has been made payable in installments, the court shall, upon any default in payment, immediately order the arrest of the defendant and order him or her to show cause why he or she should not be imprisoned until the fine or installment is satisfied in full. If the fine or installment is payable forthwith and it is not paid, the court shall, without further proceedings, immediately commit the defendant to the custody of the proper officer to be held in custody until the fine or installment is satisfied in full.	Incarceration	Misdemeanor, Felony	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-12-3(A),(C)	Paying fines, fees or costs in installments; community service option	A. Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against him, either in addition to or without a term of imprisonment, + See more may in the discretion of the court be allowed to pay such fine, fees or costs in installments of such amounts, at such times and upon such conditions as the court may fix. The defendant may also be required to serve a period of time in labor to be known as “community service” in lieu of all or part of the fine. If unable to pay the fees or costs, he may be granted permission to perform community service in lieu of them as well. The labor shall be meaningful, shall not be suspended or deferred and shall be of a type that benefits the public at large or any public, charitable or educational entity or institution and is consistent with Article 9, Section 14 of the constitution of New Mexico. Any person performing community service pursuant to court order shall be immune from civil liability arising out of the community service other than for gross negligence, shall not be entitled to wages or considered an employee for any purpose and shall not be entitled to workers’ compensation, unemployment or any other benefits otherwise provided by law. Instead, a person who performs community service shall receive credit toward the fine, fees or costs at the rate of the prevailing federal hourly minimum wage. Unless otherwise provided, however, the total fine, fees and costs shall be payable forthwith. C. When a defendant sentenced to pay a fine in installments or ordered to pay fees or costs defaults in payment, the court, upon motion of the prosecutor or upon its own motion, may require the defendant to show cause why his default should not be treated as contumacious and may issue a summons or a warrant of arrest for his appearance. It shall be a defense that the defendant did not willfully refuse to obey the order of the court or that he made a good faith effort to obtain the funds required for the payment. If the defendant’s default was contumacious, the court may order him committed until the fine or a specified part of it or the fees or costs are paid. The maximum term of imprisonment for such contumacious nonpayment shall be specified in the order of commitment.	Community service, Incarceration, Payment plan/installment plan	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-17-1(D)	Restitution Lien	An order requiring an offender to pay restitution, validly entered pursuant to this section, constitutes a judgment and lien against all property of a defendant for the amount the defendant + See more is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property, or for garnishment. A judgment of restitution may be enforced by the state, a victim entitled under the order to receive restitution, a deceased victim's estate or any other beneficiary of the judgment in the same manner as a civil judgment. An order of restitution is enforceable, if valid, pursuant to this section, the Victims of Crime Act or Article 2, Section 24 of the constitution of New Mexico. Nothing in this section shall be construed to limit the ability of a victim to pursue full civil legal remedies.	Civil judgment, Property liens	All	Yes
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 67-7-11	Obstructions and Injuries to Highways: Arrest for violation; seizure of vehicle; fee	Sheriffs, deputy sheriffs, constables, marshals, police officers and all peace officers shall have power to arrest any person violating any provision of this act on view or upon warrant issued + See more by any justice of the peace [magistrate court] or magistrate. Such officers are also authorized and directed to take into custody any vehicle involved in the violation of any provision of this act and hold the same until all fees, fines, costs and damages therefor shall be paid; provided that the owner or person in control of such vehicle may secure its release by furnishing a good and sufficient bond as required by the officer or magistrate before whom the case is prosecuted. The fee for making the arrest of any person violating any provision of this act shall upon conviction of the person or persons arrested be assessed as part of the costs and paid to the officer making such arrest, but shall not exceed one ($1.00) dollar in any case.	Incarceration	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 66-5-30(B)(2)	Authority of division to suspend or revoke license. [Effective October 1, 2019]	B. The division may issue an administrative suspension of the instruction permit, driver’s license or provisional license of a driver without preliminary hearing upon a showing by its records or other + See more sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee has failed to: (2) pay a penalty assessment within thirty days of the date of issuance by the state or a tribe.	Driver's license suspension/impoundment	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 31-12-3(B)	Paying fines, fees or costs in installments; community service option	The court may at any time revise, modify, reduce or enlarge the amount of the installment or the time and conditions fixed for payment of it.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § 66-7-416(F)	Unlawful use of highways	Any person violating any provision of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) + See more nor more than one hundred dollars ($100), or by imprisonment in the county jail not less than five days nor more than thirty days or by both such fine and imprisonment, and the operator and the owner of such vehicle, truck, tractor or engine from whom the driver or operator has permitted possession at the time thereof shall be jointly and severally liable to the state, county or municipality as the case may be for the actual damage caused by the operation, conducting or hauling thereof over any public highway, street, bridge, culvert or structure in violation of any provision of this act to be collected by suit brought in the name of the state, county or municipality having control of such highway or street; and such vehicle, truck, tractor or engine may be attached and held to satisfy and [any] judgment for such damages.	Property liens	Misdemeanor	No
Add to Dashboard + Create New	New Mexico	N.M. Stat. Ann. § § 31-18-15(C)	Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions	A period of parole shall be imposed only for felony convictions wherein a person is sentenced to imprisonment of more than one year, unless the parties to a proceeding agree + See more that a period of parole should be imposed. If a period of parole is imposed, the court shall include in the judgment and sentence of each person convicted and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978 after the completion of any actual time of imprisonment and authority to require, as a condition of parole, the payment of the costs of parole services and reimbursement to a law enforcement agency or local crime stopper program in accordance with the provisions of that section.	Condition or extension of supervision	All	No

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