50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
State
- Alabama (0)
- Alaska (5)
- Arizona (8)
- Arkansas (9)
- California (5)
- Colorado (3)
- Connecticut (8)
- (-) Delaware (3)
- Florida (22)
- Georgia (0)
- Hawaii (0)
- (-) Idaho (1)
- Illinois (2)
- Indiana (3)
- Iowa (2)
- Kansas (3)
- Kentucky (2)
- Louisiana (4)
- Maine (2)
- Maryland (2)
- Massachusetts (2)
- Michigan (8)
- Minnesota (1)
- Mississippi (2)
- Missouri (5)
- Montana (4)
- Nebraska (2)
- Nevada (3)
- New Hampshire (6)
- New Jersey (4)
- New Mexico (5)
- New York (4)
- North Carolina (5)
- North Dakota (8)
- Ohio (10)
- Oklahoma (3)
- Oregon (6)
- Pennsylvania (5)
- Rhode Island (0)
- South Carolina (15)
- (-) South Dakota (4)
- Tennessee (3)
- Texas (4)
- Utah (8)
- Vermont (2)
- Virginia (5)
- Washington (14)
- Washington DC (2)
- West Virginia (1)
- Wisconsin (2)
- (-) Wyoming (7)
Keyword search
Reset
Reset all filtersType of poverty penalty or poverty trap
- Civil judgment (4)
- Collection fee/interest (6)
- Community service (0)
- Condition or extension of supervision (12)
- Driver's license suspension/impoundment (7)
- Extension of probation/supervision (1)
- Incarceration (19)
- Increased fine (2)
- Other (3)
- (-) Payment plan/installment plan (11)
- (-) Property liens (4)
- Wage/bank account garnishment (5)
- Work program/jail industry program (4)
Narrrow results
Level of Offense
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.
15 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
Delaware | 10 Del. C. § 8602(a) | Conditions of Payment |
When the court determines that a defendant must pay the costs of defense, the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is granted, the full amount shall be payable forthwith.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Delaware | 11 Del. C. § 4104(a)(1)-(2) | Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment |
When a court imposes a fine, costs or restitution upon a defendant, the court or justice of the peace may direct as follows:(1) That the defendant pay the entire amount at the time sentence is imposed; (2) That the defendant pay a specified portion of the fine, costs or restitution at designated periodic intervals, and in such case may direct that the fine, costs or restitution be remitted to a probation officer who shall report to the court, at such periods as the court may direct, any failure to comply with the orders; or
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Delaware | 11 Del. C. § 4104(b) | Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment |
The bond shall contain a warrant of attorney authorizing the Prothonotary or any attorney of record in this State or elsewhere to appear in any court, including a justice of the peace, and confess judgment against the person so bound. Upon execution of the bond the convicted person shall be required to list on the reverse thereof all motor vehicles and real property owned by the person or in which the person has any title or interest with a description and the location thereof.
|
Property liens | All | No |
|
Add to Dashboard
|
Idaho | Idaho Code § 31-3220A | Prisoner Payment of Fees at Time of Filing of Action -- Partial Payment of Fees -- Dismissal of Action |
(4) If the court permits the prisoner's action to proceed on partial payment of court fees, the court shall assess and, when funds exist, collect a partial payment of any court fees as set forth in sections 31-3201 and 31-3201A, Idaho Code, an initial partial filing fee of twenty percent (20%) of the greater of: (a) The average monthly deposits to the prisoner's inmate account; or (b) The average monthly balance for the six (6) month period immediately preceding the filing of the action; (5) After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of twenty percent (20%) of the preceding month's income credited to the prisoner's inmate account until the full amount of all applicable court fees set forth in sections 31-3201 and 31-3201A, Idaho Code, are paid. The agency or entity having custody of the prisoner shall forward payments from the prisoner's inmate account to the clerk of the court each time the amount in the prisoner's inmate account exceeds ten dollars ($ 10.00) until the full amount of all applicable court fees set forth in sections 31-3201 and 31-3201A, Idaho Code, are paid.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 32-35-60 | Installment payments |
A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 23A-40-10 | Funds of defendant — Order for reimbursement — Applicability — Credit against lien |
If the court finds that funds are available for payment from or on behalf of a defendant to carry out, in whole or in part, the provisions of this chapter, the court may order that the funds be paid, as court costs or as a condition of probation, to the court for deposit with the county or municipal treasurer, to be placed in the county or municipal general fund or in the public defender fund in those counties establishing the office pursuant to subdivision 23A-40-7(1) as a reimbursement to the county or municipality to carry out the provisions of this section. The court may also order payment to be made in the form of installments or wage assignments, in amounts set by a judge of the circuit court or a magistrate judge, either during the time a charge is pending or after the disposition of the charge, regardless of whether the defendant has been acquitted or the case has been dismissed by the prosecution or by order of the court. The provisions of this section also apply to persons who have had counsel appointed under chapters 26-7A, 26-8A, 26-8B, and 26-8C. The reimbursement is a credit against any lien created by the provisions of this chapter against the property of the defendant.
|
Payment plan/installment plan, Wage/bank account garnishment | All | No |
|
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 23A-40-11 | Lien for cost of provision of counsel — Limitation |
A lien, enforceable as provided by this chapter, upon all the property, both real and personal, of any person, including the parents of a minor child, for whom legal counsel or a public defender has been appointed under the provisions of § 23A-40-6, subdivisions 23A-40-7(2) and (3), or § 26-7A-31 may be filed. The services rendered and expenses incurred are a claim against the person and that person's estate, enforceable according to law in an amount to be determined by a judge of the circuit court or a magistrate judge and paid by the county or municipality chargeable for them. A lien on the parents of a minor child pursuant to this section may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs.
|
Property liens | All | No |
|
Add to Dashboard
|
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 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
|
Wyoming | Wyo. Stat. Ann. § 31-9-305 | Payment of judgments in installments; failure to meet payments |
(a) A judgment debtor upon notice to the judgment creditor may apply to the court in which judgment was rendered for the privilege of paying the judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may order and fix the amounts and times of payment of the installments.
(b) The division shall not suspend a license, registration or a nonresident's operating privilege, and shall restore any license, registration or nonresident's operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of the judgment in installments, and while the payment of any installment is not in default. (c) If the judgment debtor fails to pay any installment as specified by the order, then upon notice of default, the division shall suspend the license, registration or nonresident's operating privilege of the judgment debtor until the judgment is fully satisfied, as provided in this act. |
Driver's license suspension/impoundment, Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Wyoming | Wyo. Stat. Ann. § 6-6-207 | Assessment of tax when permanent injunction issues; collection; continuing liability for other penalties |
Whenever a permanent injunction issues against any person for maintaining a nuisance or against the owner or agent of any building kept or used for the purposes prohibited by this article, there shall be assessed against the building and the ground upon which it is located and against the person or persons maintaining the nuisance, and the owner or agent of the premises, a tax of three hundred dollars ($300.00). The assessment of the tax shall be made by the assessor of the county in which the nuisance exists and shall be made within three (3) months from the date of granting of the permanent injunction. If the assessor fails or neglects to make the assessment, it shall be made by the sheriff of the county and a return of the assessment shall be made to the county treasurer. The tax may be enforced and collected in the manner prescribed for the collection of taxes under the general revenue laws and shall be a perpetual lien upon all property, both personal and real used for the purpose of maintaining the nuisance. The payment of the tax does not relieve the person or building from any other penalties provided by law and when collected shall be applied and distributed in the manner prescribed by law for the application and distribution of monies arising from the collection of fines and penalties in criminal cases.
|
Collection fee/interest, Property liens | All | Yes |
|
Add to Dashboard
|
Wyoming | Wyo. Stat. Ann. § 7-13-421 | Restitution as condition of parole |
(b) The board shall provide for restitution in the amount determined by the court pursuant to W.S. 7-9-103 unless the board finds the parolee is not reasonably capable of making the payments, in which case the board may modify the amount of restitution to be paid, taking into account the factors enumerated in W.S. 7-9-106.
(c) If the parolee fails to pay the restitution as provided by this section the board may: (i) Modify the amount of the restitution; (ii) Repealed By Laws 2011, Ch. 30, § 2. (iii) Revoke the parole. |
Condition or extension of supervision, Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Wyoming | Wyo. Stat. Ann. § 7-9-115 | Modification of order |
After a long-term physical health care restitution order has been entered, the court may from time to time, on the petition of either the defendant or the victim, or upon its own motion, modify the order as to the amount of monthly payments. Any modification of the order shall only be based upon a substantial change of circumstances relating to the cost of long-term physical health care or the financial condition of either the defendant or the victim. The petition shall be filed as part of the original criminal docket.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Wyoming | Wyo. Stat. Ann. § 7-13-306 | Payment of fine in installments |
When imposing a fine and also placing the defendant on probation, the district judge may permit the fine to be paid in installments over a reasonable period of time. |
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
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 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
|
Wyoming | Wyo. Stat. Ann. § 7-9-104 | Preparation of plan; contents |
(a) In any case in which the court has ordered restitution under W.S. 7-9-102, 7-9-113 or 7-13-301, if the sentencing court orders suspended imposition of sentence, suspended sentence or probation, the court shall require that the defendant in cooperation with the probation and parole officer assigned to the defendant, or in the case of unsupervised probation any probation and parole officer or any other person the court directs, promptly prepare a plan of restitution including the name and address of each victim, the amount of restitution determined to be owed to each victim pursuant to W.S. 7-9-103 or 7-9-114 and a schedule of restitution payments. If the defendant is presently unable to make any restitution but there is a reasonable possibility that the defendant may be able to do so at some time during his probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant shall make restitution. In structuring a plan for reimbursement under this section, victim restitution shall be paid in the following order:
(i) Pecuniary damages suffered by the victim which have not been paid by insurance or from the crime victim's compensation account; (ii) Payment of other amounts owed by the defendant arising from the case. |
Condition or extension of supervision, Payment plan/installment plan | All | No |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.