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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Delaware 10 Del. C. § 8709 Neglect or Refusal to Pay Fees; Penalty

Whoever neglects or refuses to pay the fees provided for in §§ 8707 and 8708 of this title, for any service performed within 10 days after written demand from the officer

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to whom such fees are due, shall be fined $ 10 besides costs of suit.

Increased fine All Yes
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Delaware 11 Del. C. § 4104(b) Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment

Any court, including a justice of the peace, may, in its discretion, permit any person sentenced to pay a fine upon conviction of crime, in lieu of the payment of

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the fine ordered, to execute a bond acknowledging the amount of the fine imposed upon the person as a debt due and owing to this State and binding the person unto this State in an amount equal to 10 times the fine imposed. The bond shall be so conditioned that, should the amount of the fine imposed be paid to this State on or before the tenth day next following the day on which the fine is imposed, then in that event the bond shall be null and void.

Collection fee/interest All No
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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
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forty 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
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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
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general 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
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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
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accompanying 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
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Vermont Vt. Stat. Ann. tit. 13 § 7180(4)(b) Remedies for failure to pay fines, costs, surcharges, and penalties

(4)  Contempt. (A) The court may conclude that the defendant is in contempt if the court finds that: (i) the defendant knew or reasonably should have known that he or she

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owed the amount due; (ii) the defendant had the ability to pay all or any portion of the amount due; and (iii) the defendant failed to pay all or any portion of the amount due.

(B) If the court concludes that the defendant is in contempt, the court may: (i) Order payment of the amount due on a specific date. (ii) Assess an additional penalty not to exceed ten percent of the amount due. (iii) Direct that the matter be reported to one or more designated credit bureaus. The Court Administrator or the Court Administrator's designee is authorized to contract with one or more credit bureaus for the purpose of reporting information about unpaid Judicial Bureau judgments. (iv)  Refer to Small Claims Court for the purpose of issuing writs of attachment for property and trustee process pursuant to 12 V.S.A. § 5534. Filing fees shall be waived in such cases. (v) Sentence the defendant to serve a term of imprisonment on furlough to participate in a program supervised by the Department of Corrections pursuant to 28 V.S.A. § 808(a) that provides reparation to the community in the form of supervised work activities. For each day the defendant participates in supervised work activities, the defendant shall be given credit against the amount owed at the hourly rate for minimum wage. A defendant who is determined by the Department of Corrections to be ineligible for the preapproved furlough supervised work program may be ordered by the court to serve a sentence in a correctional facility, in which event the defendant shall be given credit against the amount owed for every day served at a rate determined by the court.

Incarceration, Increased fine, Property liens, Work program/jail industry program All No
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Vermont Vt. Stat. Ann. tit. 4 § 1109 Remedies for failure to pay; contempt

(b)  Late fees; suspensions for nonpayment of certain traffic violation judgments.

(1)  A Judicial Bureau judgment shall provide notice that a $ 30.00 fee shall be assessed for failure to pay within 30

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days. If the defendant fails to pay the amount due within 30 days, the fee shall be added to the judgment amount and deposited in the Court Technology Special Fund established pursuant to section 27 of this title.

(2) (A) In the case of a judgment on a traffic violation for which the imposition of points against the person's driving record is authorized by law, the judgment shall contain a notice that failure to pay or otherwise satisfy the amount due within 30 days of the notice will result in suspension of the person's operator's license or privilege to operate, and that payment plan options are available. If the defendant fails to pay the amount due within 30 days of the notice, or by a later date as determined by a Judicial Bureau clerk or hearing officer, and the case is not pending on appeal, the Judicial Bureau shall provide electronic notice thereof to the Commissioner of Motor Vehicles. After 20 days from the date of receiving the electronic notice, the Commissioner shall suspend the person's operator's license or privilege to operate for a period of 30 days or until the amount due is satisfied, whichever is earlier. (B) At minimum, the Judicial Bureau shall offer a payment plan option that allows a person to avoid a suspension of his or her license or privilege to operate by paying no more than $ 30.00 per traffic violation judgment per month, and not to exceed $ 100.00 per month if the person has four or more outstanding judgments.

(B) In the contempt order, the hearing officer may do one or more of the following: (i) Set a date by which the defendant shall pay the amount due. (ii) Assess an additional penalty not to exceed ten percent of the amount due; . . .  (iv)  Recommend that the Criminal Division of the Superior Court incarcerate the defendant until the amount due is paid. If incarceration is recommended pursuant to this subdivision (c)(5), the Judicial Bureau shall notify the Criminal Division of the Superior Court that contempt proceedings should be commenced against the defendant. The Criminal Division of the Superior Court proceedings shall be de novo. If the defendant cannot afford counsel for the contempt proceedings in the Criminal Division of the Superior Court, the Defender General shall assign counsel at the Defender General's expense.

Driver's license suspension/impoundment, Incarceration, Increased fine Traffic No