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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	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 + See more 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
Add to Dashboard + Create New	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) + See more 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
Add to Dashboard + Create New	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 + See more clerk shall notify the prosecuting attorney and, if the defendant is on probation, the probation officer.	Other	All	Yes
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 291D-10	Restriction on driver's license and motor vehicle registration	(a) When the person issued a notice of traffic infraction not involving parking fails to pay the total amount of fines, fees, surcharges, costs, or monetary assessments that has been + See more ordered, the court shall cause an entry to be made in the driver's license record so as to prevent the person from acquiring or renewing the person's driver's license until the outstanding amount is paid or the notice of traffic infraction is otherwise disposed of pursuant to this chapter.(b) In all cases where the registered owner of a motor vehicle to which a notice of traffic infraction has been issued fails to pay the total amount of fines, fees, surcharges, costs, or monetary assessments that have been ordered, the court shall cause an entry to be made in the motor vehicle's record so as to prevent issuance or renewal of the motor vehicle's certificate of registration and transfer of title to the motor vehicle until the outstanding amount is paid or the notice of traffic infraction is otherwise disposed of pursuant to this chapter; provided that if the traffic infraction involves an unpaid parking violation, this subsection shall not prevent the issuance or renewal of the motor vehicle's certificate of registration and transfer of title to the motor vehicle to another person, in which case the clerk of the court shall issue a clearance to effectuate the registration and transfer of title; and provided further that in no event shall a clearance: (1) Absolve the registered owner of the motor vehicle at the time the parking violation was incurred from paying the fine; (2) Prevent any subsequent issuance or renewal of the motor vehicle's certificate of registration and transfer of title to the motor vehicle; or (3) Otherwise encumber the title of that motor vehicle.	Driver's license suspension/impoundment	Traffic	Yes
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 291D-9(c)	Adjudication of Traffic Infractions: Monetary assessments	(c) In addition to any monetary assessment imposed for a traffic infraction, the court may impose additional assessments for: (1) Failure to pay a monetary assessment by the scheduled date + See more of payment; or (2) The cost of service of a penal summons issued pursuant to this chapter.	Increased fine	Traffic	No
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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, + See more 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
Add to Dashboard + Create New	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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 31	Default Warrant for Failure to Pay — Additional Fees — Payment to Court's Administrative Office.	Whenever a court issues a default warrant solely due to the person’s failure to pay a fine, assessment, court cost, restitution, support payment or other amount as ordered by the + See more court or required by law, the court shall specify the amount owed, including an additional assessment of $50 which assessment may be waived by the court upon a finding of good cause or upon a finding that such an assessment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents, with a statement that the warrant against the person may be discharged upon payment of the amount and the assessment, if any, and shall note the same in the warrant management system. The administrative office of the trial court shall accept payment of such fine, assessment, court cost, restitution, support payment or other amount as ordered by the court, along with any assessment, to be remitted by mail, telephone or other electronic means, in any form deemed acceptable by the trial court. Upon receipt of payment, the warrant against the person shall be discharged, the discharge shall be noted in the warrant management system and the individual shall receive notice of the discharge within seven days.	Incarceration, Increased fine	All	Yes
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 32	Default Warrant for Failure to Pay — Additional Fees — Payment of Person Before Court.	Whenever a person, brought before a court, against whom an outstanding warrant was issued, solely due to the failure of the person brought before the court to pay a fine + See more assessment, court cost, restitution, support payment, or other amount, the court may accept payment of such amount and assess an additional fifty dollars which assessment may be waived by the court upon a finding of good cause and if the person is not being held on other process, the court may direct that the person be released from custody and shall notify the jurisdiction in which the warrant was issued of the payment and the assessment, if any. Upon notice of the release the court that issued the warrant shall recall the warrant and cause such information to be entered in the warrant management system.	Incarceration, Increased fine	All	No
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 279, § 1	Suspension of execution; payment of fine; probation; revocation of suspension; exceptions	When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or + See more any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time . . . If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance.	Incarceration	All	No
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 279, § 1A	Suspended Sentences — Fines and Imprisonment.	When a person convicted before a court is sentenced to fine and imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended, and + See more that he be placed on probation for such time and on such terms and conditions as it shall fix. The court may direct, as one of such terms and conditions, that payment of the fine may be made to the probation officer in one payment, or in part payments, during the period of probation or any extension thereof, and when such fine shall have been fully paid the order of commitment as to the fine shall be void, but the order of commitment as to imprisonment shall not be affected by such payment . . . If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance, and may also be committed for the term of imprisonment fixed in the original sentence.	Incarceration	All	No
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 279, § 7	Sentence — Conviction of Crime Punishable by Fine; Imprisonment for Non-Payment.	Whoever is convicted of a crime punishable by a fine, and is liable to imprisonment in the jail for its non-payment, may be sentenced to such imprisonment in the house + See more of correction, or to confinement at hard labor either in the jail or house of correction.	Incarceration	All	No
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 279, § 9	Sentence — Second Sentence for Non-Payment of Fine.	Except as provided in section one hundred and forty-six of chapter one hundred and twenty-seven, if a convict is sentenced to pay a fine in more than one case and + See more has been committed to a jail, house of correction or other prison or other correctional institution for refusing to pay such fine, the subsequent sentence shall take effect upon the expiration of the imprisonment under the former sentence.	Incarceration	All	Yes
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 279, § 10	Sentence — Conditional.	If a person has been convicted of a crime punishable, at the discretion of the court, by fine or imprisonment in the jail or house of correction or by fine + See more or imprisonment in the state prison, the court may impose upon him a conditional sentence, and order him to pay a fine within a limited time which shall be expressed in the sentence, and in default thereof to suffer such imprisonment as is provided by law. He shall be forthwith committed to the custody of an officer in court or to the jail, to be detained until the sentence is complied with; and if he does not within the time limited pay the fine imposed, the sheriff shall cause the other part of the sentence to be executed forthwith.	Incarceration	All	No
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made + See more a good faith effort to pay such restitution.	Incarceration	All	Yes
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 270, § 16	Disposal of Refuse on Highways, Public Land, Private Property, or in Coastal or Inland Waters.	If a motor vehicle is used in committing such an offense where the offense involves the unlawful disposal of more than seven cubic feet of trash, bottles or cans, refuse, + See more rubbish, garbage, debris scrap, waste or any other materials and the motor vehicle is observed while the offense is in progress by an officer authorized to enforce this section, the officer may seize the vehicle and remove and store it or otherwise immobilize it by a mechanical device until (1) payment is made to the enforcing authority of a fine set by such enforcing authority up to the maximum fine which may be imposed under this section, (2) the illegally disposed of material is removed and legally disposed of, and (3) payment is made to the enforcing authority of its reasonable towing and storage charges, if any, for the seized vehicle. If, after payment of the above fine and towing and storage charges, the use of the seized vehicle is necessary to dispose of the material, the enforcing authority shall release the seized vehicle upon the posting of security sufficient to pay for the cost of legal disposal of the material...If a motor vehicle is used in committing such an offense, a conviction under this section shall forthwith be reported by the court to the registrar of motor vehicles, and the registrar may suspend the license of the operator of such vehicle for not more than thirty days, and if it appears from the records of the registrar of motor vehicles that the person so convicted is the owner of the motor vehicle so used, the registrar may suspend the certificate of registration of said vehicle for thirty days.	Property liens	Misdemeanor	No

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