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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	Florida	Fla. Stat. §948.06(5)	Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision	In any hearing in which the failure of a probationer or offender in community control to pay restitution or the cost of supervision as provided in s. 948.09, as directed, + See more is established by the state, if the probationer or offender asserts his or her inability to pay restitution or the cost of supervision, it is incumbent upon the probationer or offender to prove by clear and convincing evidence that he or she does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so. If the probationer or offender cannot pay restitution or the cost of supervision despite sufficient bona fide efforts, the court shall consider alternate measures of punishment other than imprisonment. Only if alternate measures are not adequate to meet the state's interests in punishment and deterrence may the court imprison a probationer or offender in community control who has demonstrated sufficient bona fide efforts to pay restitution or the cost of supervision.	Incarceration	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §984.09(2)	Punishment for contempt of court; alternative sanctions	PLACEMENT IN A SECURE FACILITY.A child may be placed in a secure facility for purposes of punishment for contempt of court if alternative sanctions are unavailable or inappropriate, or if + See more the child has already been ordered to serve an alternative sanction but failed to comply with the sanction.(a) A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility for 5 days for a first offense or 15 days for a second or subsequent offense, or in a secure residential commitment facility. (b) A child in need of services who has been held in direct contempt or indirect contempt may be placed, for 5 days for a first offense or 15 days for a second or subsequent offense, in a staff-secure shelter or a staff-secure residential facility solely for children in need of services if such placement is available, or, if such placement is not available, the child may be placed in an appropriate mental health facility or substance abuse facility for assessment. In addition to disposition under this paragraph, a child in need of services who is held in direct contempt or indirect contempt may be placed in a physically secure setting as provided under s. 984.226 if conditions of eligibility are met.	Incarceration	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §938.30(2)	Financial obligations in criminal cases; supplementary proceedings	The court may require a person liable for payment of an obligation to appear and be examined under oath concerning the person’s financial ability to pay the obligation. The judge + See more may convert the statutory financial obligation into a court-ordered obligation to perform community service, subject to the provisions of s. 318.18(8), after examining a person under oath and determining the person’s inability to pay. Any person who fails to attend a hearing may be arrested on warrant or capias issued by the clerk upon order of the court.	Incarceration	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §901.11	Effect of not answering summons	Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine of not more than $100. + See more When a person fails to appear as commanded by a summons, the trial court judge shall issue a warrant. If the trial court judge acquires reason to believe that the person summoned will not appear as commanded after issuing a summons, the trial court judge may issue a warrant.	Incarceration	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §939.04	Execution for costs in other cases	In all cases less than capital, wherein the defendant may be adjudged to pay costs, a capias may be issued, as is provided for the collection of fines and forfeitures.	Incarceration	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §901.31	Failure to obey written promise to appear	Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of + See more the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt.	Incarceration	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §941.18	Forfeiture of bail	If the prisoner is admitted to bail, and fails to appear and surrender himself or herself according to the conditions of his or her bond, the judge shall declare the + See more bond forfeited and order his or her immediate arrest without warrant if he or she is within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.	Incarceration	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §903.105	Appearance bonds	Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of + See more the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt.	Incarceration	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §951.16	Prisoners entitled to receive credit on fine based on imprisonment	Every person who may be imprisoned in the county jail for failure to pay a fine and costs, or either, under sentence imposed upon conviction for crime shall be entitled + See more to receive, together with subsistence, a credit on such fine and costs, or either, as the case may be, in proportion to the time such person may be imprisoned.	Incarceration	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §922.04	Discharge of prisoner unable to pay fine	When the court determines on the written application of a prisoner that he or she has been imprisoned for 60 days solely for failure to pay a fine or costs + See more which total not more than $300 and that the prisoner is indigent and unable to pay the fine or costs, the court shall order the prisoner discharged from custody.	Incarceration	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §984.09(1)	Punishment for contempt of court; alternative sanctions	The court may punish any child for contempt for interfering with the court or with court administration, or for violating any provision of this chapter or order of the court + See more relative thereto. It is the intent of the Legislature that the court restrict and limit the use of contempt powers with respect to commitment of a child to a secure facility. A child who commits direct contempt of court or indirect contempt of a valid court order may be taken into custody and ordered to serve an alternative sanction or placed in a secure facility, as authorized in this section, by order of the court.	Incarceration	All	No
Add to Dashboard + Create New	Oklahoma	22 Okl.St.Ann. § 983A	Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments	Any defendant found guilty of an offense in any court of this state may be imprisoned for nonpayment of the fine, cost, fee, or assessment when the trial court finds + See more after notice and hearing that the defendant is financially able but refuses or neglects to pay the fine, cost, fee, or assessment. A sentence to pay a fine, cost, fee, or assessment may be converted into a jail sentence only after a hearing and a judicial determination, memorialized of record, that the defendant is able to satisfy the fine, cost, fee, or assessment by payment, but refuses or neglects so to do.	Incarceration	All	No
Add to Dashboard + Create New	Oklahoma	28 Okl.St.Ann. § 101	Fees and costs in criminal cases part of penalty--Enforcement by imprisonment--Persons unable to pay	The fees herein provided for the clerk of the district court and the sheriff, as provided in this act, and all costs in the prosecution of all criminal actions shall, + See more in case of conviction of the defendant, be adjudged a part of the penalty of the offense of which the defendant may be convicted, whether the punishment for such offense be either imprisonment, or fine, or both, and fixed either by the verdict of the jury, or judgment of the court, trying the case, and if the defendant shall refuse to pay the fine, fees or costs, the payment of such fees and costs, in addition to the payment of the fine assessed, shall be enforced by imprisonment until the same shall be satisfied at a rate of Twenty-five Dollars ($25.00) per day of such fees and costs, or fine, or both, or shall be satisfied at a rate of Fifty Dollars ($50.00) per day of such fees and costs, or fine, or both, should the defendant perform useful labor. If the defendant is without means to pay the fine, fees or costs, the total amount owed shall be entered upon the judgment docket and thereupon the same remedies shall be available for the enforcement of said judgment as are available to any other judgment creditor.The term all costs in the prosecution of all criminal actions, as used in this section, shall include only the following taxable items: 1. Court clerk's costs and fees authorized by statute; 2. Sheriff's fees; 3. Fees and mileage of witnesses; and 4. Cost deposits in the appellate court, whether on appeal, in an original proceeding or in any postconviction challenge, if waived on the basis of a pauper's affidavit.	Incarceration	All	Yes
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 11, § 27-122	Enforcement of payment of fines or costs by imprisonment--Persons unable to pay	A. If a defendant who is financially able refuses or neglects to pay a fine or costs or both, payment may be enforced:1. By imprisonment until the same shall be + See more satisfied at the rate of Twenty-five Dollars ($25.00) per day; or 2. In the same manner as is prescribed in subsection B of this section for a defendant who is without means to make such payment. B. If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court in the county where the situs of the municipal government is located, where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. The same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.	Incarceration	All	No
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 11, § 28-123	Execution of sentence--Modification, reduction or suspension--Probation--Deferred sentence	. All sentences of imprisonment shall be executed by the chief of police of the city, and any person convicted of a violation of any ordinance of the city and + See more sentenced to imprisonment shall be confined in the jail, farm or workhouse, of the city, in the discretion of the court, for the time specified in the sentence. All persons who shall be convicted in the court of violation of any ordinance of the city and sentenced to pay a fine and costs, who shall refuse to pay such fine or costs, shall be imprisoned in the jail of the city for one (1) day for each Two Dollars ($2.00) of the fine and costs assessed.	Incarceration	All	No

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