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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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
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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
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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
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the posting of bail and payment of fines.
Payment plan/installment plan Traffic No
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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)

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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
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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

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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
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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

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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
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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

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installments.

Payment plan/installment plan Traffic No
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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

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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
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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

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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
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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

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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
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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

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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
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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

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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
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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

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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
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Wisconsin Wis. Stat. § 973.20(10)(a) Restitution
(10) (a) The court may require that restitution be paid immediately, within a specified period or in specified installments. If the defendant is placed on probation or sentenced to imprisonment,the
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end of a specified period shall not be later than the end of any period of probation, extended supervision or parole. If the defendant is sentenced to the intensive sanctions program, the end of a specified period shall not be later than the end of the sentence under s. 973.032 (3) (a). (b) The department or the clerk of court may certify an amount owed under par. (a) to the department of revenue if any of the following apply: 1. The court required that restitution be paid immediately and more than 30 days have passed since the order was entered. 2. The court required that restitution be paid within a specified period and more than 30 days have passed since the expiration of that period. 3. The court required that restitution be paid in specified installments and the defendant is delinquent in making any of those payments.
Payment plan/installment plan 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. § 973.05(4)(a) Fines ("Judgment of unpaid amount by court")
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:(a)
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Issue a judgment for the unpaid amount and direct the clerk to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid amount, the court shall send to the defendant at his or her last?known address written notification that a civil judgment has been issued for the unpaid fine, surcharge, costs, or fees. The judgment has the same force and effect as judgments docketed under s. 806.10.
Increased fine All No
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Wisconsin Wis. Stat. § 973.05(4)(b) Fines ("Wage/benefits garnishment")
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:
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(b) Issue an order assigning not more than 25 percent of the defendant’s commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102, and other money due or to be due inthe future to the clerk of circuit court for payment of the unpaid fine, surcharge, costs, or fees. In this paragraph, “employer” includes the state and its political subdivisions.
Wage/bank account garnishment All No
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Wisconsin Wis. Stat. § 973.05(4)(c) Fines ("Garnishment of lottery winnings")
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:
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(c) Issue an order assigning lottery prizes won by a defendant whose name is on the list supplied to the clerk of circuit court under s. 565.30 (5r) (a), for payment of the unpaid fine, surcharge, costs, or fees.
Wage/bank account garnishment 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