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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Hawaii Haw. Rev. Stat. § 601-17.5 Collection of delinquent court-ordered payments

The judiciary may contract with a collection agency bonded under chapter 443B or with a licensed attorney to collect any delinquent court-ordered penalties, fines, restitution, sanctions, and court costs, including

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juvenile monetary assessments. Any fees or costs associated with the collection efforts shall be added to the amount due and retained by the collection agency as its payment; provided that no fees or costs shall exceed fifty per cent of the amount collected.

Collection fee/interest All No
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Hawaii Haw. Rev. Stat. § 291C-171.5 Collection of fines and costs

(a) Unless discharged by payment or service of imprisonment in default of a fine, a fine may be collected in the same manner as a judgment in a civil action.(b)

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Costs may be collected in the same manner as a judgment in a civil action, but shall not be deemed part of the penalty, and no person shall be imprisoned under this section in default of payment of costs. (c) The state attorney general may institute proceedings to collect the fine, and costs, including interest and attorney's fees, as a civil judgment in the court of appropriate jurisdiction.

Civil judgment All No
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Hawaii Haw. Rev. Stat. § 706-643(1) Disposition of funds

(1) The defendant shall pay a fine or any installment thereof to the cashier or clerk of the district or circuit court. In the event of default in payment, the

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clerk shall notify the prosecuting attorney and, if the defendant is on probation, the probation officer.

Other All Yes
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Hawaii Haw. Rev. Stat. § 706-644(1) Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection

(1) When a defendant is sentenced pursuant to section 706-605, granted a conditional discharge pursuant to section 712-1255, or granted a deferred plea pursuant to chapter 853, and the defendant

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is ordered to pay a fee, fine, or restitution, whether as an independent order, as part of a judgment and sentence, or as a condition of probation or deferred plea, and the defendant defaults in the payment thereof or of any installment, the court, upon the motion of the prosecuting attorney or upon its own motion, may require the defendant to show cause why the defendant's default should not be treated as contumacious and may issue a summons or a warrant of arrest for the defendant's appearance. Unless the defendant shows that the defendant's 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 a good faith effort to obtain the funds required for the payment, the court shall find that the defendant's default was contumacious and may order the defendant committed until the fee, fine, restitution, or a specified part thereof is paid.

Incarceration All No
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Hawaii Haw. Rev. Stat. § 706-644(4) Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection

(4) If it appears that the defendant's default in the payment of a fee, fine, or restitution is not contumacious, the court may make an order allowing the defendant additional

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time for payment, reducing the amount of each installment, or revoking the fee, fine, or the unpaid portion thereof in whole or in part, or converting the unpaid portion of the fee or fine to community service. A defendant shall not be discharged from an order to pay restitution until the full amount of the restitution has actually been collected or accounted for.

Community service All No
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Hawaii Haw. Rev. Stat. § 706-644(5) Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection

(5) Unless discharged by payment or, in the case of a fee or fine, service of imprisonment pursuant to subsection (3), an order to pay a fee, fine, or restitution,

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whether as an independent order, as a part of a judgment and sentence, or as a condition of probation or deferred plea pursuant to chapter 853, may be collected in the same manner as a judgment in a civil action. The State or the victim named in the order may collect the restitution, including costs, interest, and attorney's fees, pursuant to section 706-646. The State may collect the fee or fine, including costs, interest, and attorney's fees pursuant to section 706-647.

Civil judgment All No
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Hawaii Haw. Rev. Stat. § 706-642(2) Time and method of payment

(2) When a defendant sentenced to pay a fine is also sentenced to probation, the court may make the payment of the fine a condition of probation.

Condition or extension of supervision All No
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Hawaii Haw. Rev. Stat. § 706-644(3) Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection

(3) The term of imprisonment for nonpayment of fee, fine, or restitution shall be specified in the order of commitment, and shall not exceed one day for each $25 of

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the fee or fine, thirty days if the fee or fine was imposed upon conviction of a violation or a petty misdemeanor, or one year in any other case, whichever is the shorter period. A person committed for nonpayment of a fee or fine shall be given credit toward payment of the fee or fine for each day of imprisonment, at the rate of $25 per day.

Incarceration All No
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Hawaii Haw. Rev. Stat. § 706-630 Probation: Discharge of defendant

Upon the termination of the period of the probation or the earlier discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the

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court and shall have satisfied the disposition of the court, except as to any action under this chapter to collect unpaid fines, restitution, attorney’s fees, costs, or interest.

Condition or extension of supervision Misdemeanor, Felony No
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-503(a) Installment When a court imposes a fine, the court may order the defendant to pay the fine: (1) When the court imposes sentence; or (2) In specified installments at designated intervals. Payment plan/installment plan All No
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-503(c) Condition Probation on Payment If a court sentences a defendant to probation, the court may make payment of a fine a condition of the sentence. Condition or extension of supervision All No
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-504(c)(3) Imprisonment
After an investigation that a court considers necessary as to the reasons for the failure or inability to pay a fine, the court: May order that the individual be committed
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to a correctional facility;
Incarceration All No
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Maryland Md. Code Ann., Cts. & Jud. Proc. § 7-505 Collection of Unpaid Fines and Costs Unpaid and undischarged fines and unpaid costs may be levied, executed on, and collected in the same manner as judgments in civil cases. Property liens All No
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Maryland Md. Code Ann., Transp. § 26-207(a) Revocation of Commercial License
If a person holding a commercial driver's license fails to comply with a notice to appear in court or a notice for failure to pay a fine for a traffic
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citation issued to the person under the laws or regulations of another state, and the other state's driver licensing authority notified the Administration of the noncompliance, on receipt of the notice of noncompliance and after giving the person 10 days' written notice, the Administration shall suspend the driving privileges of the person until receipt of a notice of compliance from the other state.
Driver's license suspension/impoundment All No
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Maryland Md. Code Ann., Transp. § 27-103(a) Revocation of License
If a person fined under the Maryland Vehicle Law1 or under any federal traffic law or regulation for a violation occurring in Maryland does not pay the fine in accordance
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with the court's directive: (1) The court may so certify to the Administration; and (2) On such certification, after giving the person 10 days advance written notice, the Administration may suspend the driving privileges or license of the person until the fine has been paid.
Driver's license suspension/impoundment All No
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Maryland Md. Code Ann., Crim. Law §10-119(i) Criminal Contempt Sanctions
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may
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be punished by the court as provided by law.
Increased fine All No
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Maryland Md. Code Ann., Crim. Law §10-127(c) Criminal Contempt Sanctions A defendant's willful failure to pay a fine imposed under this part may be treated as a criminal contempt punishable as provided by law. Increased fine All No
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Maryland Md. Code Ann., Crim. Law §10-133(i) Criminal Contempt Sanctions
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may
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be punished by the court as provided by law.
Increased fine All No
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Maryland Md. Code Ann., Crim. Law §10-137(i) Criminal Contempt Sanctions
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may
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be punished by the court as provided by law.
Increased fine All No
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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

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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