Data Explorer: Enforcement Mechanisms | 50 State Criminal Justice Debt Tool

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	Delaware	10 Del. C. § 8603(b);(c)	Nonpayment of Costs	(b) If there has been no former citation for contempt, the term of imprisonment for contempt for the nonpayment of defense costs shall be set forth in the commitment order, + See more and shall not exceed 1 day for each $ 25 of the full amount. In no event shall imprisonment exceed 30 days if the fine was imposed upon conviction of a violation or misdemeanor. In all other cases, the court may impose a term of imprisonment not to exceed 1 year. A person committed for nonpayment shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order. (c) Upon a second or subsequent citation for contempt and unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make good faith effort to make the payment, the court may find that such default constitutes contempt and may order the defendant committed until the payment, or a specified part thereof, is paid.	Incarceration	All	No
Add to Dashboard + Create New	Delaware	10 Del. C. § 8603(e)	Nonpayment of Costs	A default in the payment of defense costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of + See more execution for the collection of such payment shall not discharge a defendant committed for imprisonment for contempt until the full amount of the fine has actually been collected. The court shall have the power to pursue civil enforcement to obtain the money due on behalf of the State, and to also pursue criminal remedies when civil means are not effective.	Incarceration	All	No
Add to Dashboard + Create New	Delaware	4 Del. C. § 902	Offenses Carrying Penalty of Fine of $500 to $1,000 or Imprisonment for 3 to 6 Months on Failure to Pay Fine	In addition to payment of costs, be fined not less than $500 nor more than $1,000, and, on failure to pay such fine and costs, shall be imprisoned not less + See more than 3 nor more than 6 months. Justices of the peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this section.	Incarceration	Misdemeanor	Yes
Add to Dashboard + Create New	Delaware	11 Del. C. § 4105(d)	Default in Payment of Fine; Inability to Pay	Notwithstanding subsection (a) of this section, where a defendant sentenced to be imprisoned is ordered to pay a fine, costs, restitution or all 3, the court may order an additional + See more sentence of imprisonment in lieu of requiring the payment of the fine, costs, restitution or all 3; provided, however, that this additional sentence of imprisonment may not exceed 30 days, to be served concurrently or consecutively with the sentence originally imposed, as the court may order.	Incarceration	All	No
Add to Dashboard + Create New	Iowa	Iowa Code § 909.5	Nonpayment of fines and court costs — contempt	A person who is able to pay a fine, court-imposed court costs for a criminal proceeding, or both, or an installment of the fine or the court-imposed court costs, or + See more both, and who refuses to do so, or who fails to make a good faith effort to pay the fine, court costs, or both, or any installment thereof, shall be held in contempt of court.	Incarceration	All	Yes
Add to Dashboard + Create New	Iowa	Iowa Code § 665.5	Contempts: Imprisonment	If the contempt consists in an omission to perform an act which is yet in the power of the person to perform, the person may be imprisoned until the person + See more performs it. In that case the act to be performed must be specified in the warrant of the commitment.	Incarceration	All	No
Add to Dashboard + Create New	Iowa	Iowa Code § 910.5(4)(b)	Condition of work release or parole	If an offender is to be placed on parole, restitution shall be a condition of parole. b. After the expiration of the offender’s sentence, the failure of an offender to comply with + See more the plan of restitution ordered by the court shall constitute contempt of court.	Incarceration	All	Yes
Add to Dashboard + Create New	Utah	Utah Code Ann. § 76-3-201.1	Collection of criminal judgments--warrants	When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its + See more own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest...(4)(a) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure to make a good faith effort to make the payment, the court may find that the default constitutes contempt. (b) Upon a finding of contempt, the court may order the defendant committed until the criminal judgment account receivable, or a specified part of it, is paid...(5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(d) except as provided in Section 77-18-8[fines issued in addition to imprisonment or in lieu of imprisonment], execute the original sentence of imprisonment	Incarceration	All	No
Add to Dashboard + Create New	Utah	Utah Code Ann. § 76-3-201.1	Collection of criminal judgments--reduce fines	When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its + See more own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest...	Incarceration	All	No
Add to Dashboard + Create New	Utah	Utah Code Ann. § 77-18-8	Fine not paid--Commitment	If a defendant fails to pay the fine and thereafter the court finds that the defendant failed to make a good faith effort to pay the fine, the court may, + See more after a hearing, order the execution of the suspended jail or prison sentence. If a defendant is sentenced to pay a fine only or is sentenced to jail or prison and a fine, with neither suspended, he shall not later be committed to jail for failure to pay the fine.	Incarceration	All	No
Add to Dashboard + Create New	Utah	Utah Code Ann. § 77-32a-10	Imprisonment for contempt	The term of imprisonment for contempt for nonpayment of costs shall be set forth in the commitment order, and shall not exceed one day for each $25 of the costs, + See more 30 days if the costs were imposed upon conviction of a misdemeanor, or six months in the case of a felony, whichever is the shorter period. A person committed for nonpayment of costs shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order.	Incarceration	All	Yes

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