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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	Nevada	Nev. Rev. Stat. Ann. §176.0635	Administrative assessment, fine or fee for felony or gross misdemeanor: Additional costs and fees for collection.	1. A defendant who pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill who owes a fine, administrative assessment or fee, pursuant to NRS + See more 176.0625, must be assessed by and pay to the county treasurer or other office assigned by the county to make collections the following costs and fees if the county treasurer or other office assigned by the county to make collections is successful in collecting the fine, administrative assessment or fee: (a) The costs and fees actually incurred in collecting the fine, administrative assessment or fee; and (b) A fee payable to the county treasurer in the amount of 2 percent of the amount of the fine, administrative assessment or fee assigned to the county treasurer or other office assigned by the county to make collections. 2. The total amount of the costs and fees required to be collected pursuant to subsection 1 must not exceed 35 percent of the amount of the fine, administrative assessment or fee or $50,000, whichever is less.	Collection fee/interest	Felony	Yes
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. §176.064 (1)	Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver’s license; imprisonment.	1. If a fine, administrative assessment, fee or restitution is imposed upon a defendant pursuant to this chapter, whether or not the fine, administrative assessment, fee or restitution is in addition + See more to any other punishment, and the fine, administrative assessment, fee or restitution or any part of it remains unpaid after the time established by the court for its payment, the defendant is liable for a collection fee, to be imposed by the court at the time it finds that the fine, administrative assessment, fee or restitution is delinquent, of: (a) Not more than $100, if the amount of the delinquency is less than $2,000. (b) Not more than $500, if the amount of the delinquency is $2,000 or greater, but is less than $5,000. (c) Ten percent of the amount of the delinquency, if the amount of the delinquency is $5,000 or greater.	Collection fee/interest	All	No
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. §§176.064 (3)(a)-(b)	Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver's license; imprisonment	3. The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, + See more take any or all of the following actions, in the following order of priority if practicable: (a) Enter a civil judgment for the amount due in favor of the state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution. A civil judgment entered pursuant to this paragraph may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action. If the court has entered a civil judgment pursuant to this paragraph and the person against whom the judgment is entered is not indigent and has not satisfied the judgment within the time established by the court, the person may be dealt with as for contempt of court. (b) Request that a prosecuting attorney undertake collection of the delinquency, including, without limitation, the original amount of the civil judgment entered pursuant to paragraph (a) and the collection fee, by attachment or garnishment of the defendant’s property, wages or other money receivable.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 176.275	Judgment for fine, administrative assessment, payment of restitution or repayment of expenses is lien; additional provisions concerning judgment for payment of restitution.	1. A judgment which imposes a fine or administrative assessment or requires a defendant to pay restitution or repay the expenses of a defense constitutes a lien in like manner as + See more a judgment for money rendered in a civil action. 2. A judgment which requires a defendant to pay restitution: (a) May be recorded, docketed and enforced as any other judgment for money rendered in a civil action. (b) Does not expire until the judgment is satisfied.	Property liens	All	No
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 176.278	Payment of restitution from civil judgment or settlement in favor of defendant and against State, political subdivision, officer, employee or contractor.	1. Except as otherwise provided in subsection 4, if a person who is or was imprisoned in the state prison or a county or city jail or detention facility is awarded + See more a judgment against: (a) The State of Nevada, a county or a city; (b) A department, commission, board or other agency of the State of Nevada, a county or a city; or (c) A current or former officer, employee or contractor of the State of Nevada, a county or a city, arising from a civil action that accrued while the person was imprisoned in the state prison or county or city jail or detention facility, the person or governmental entity that pays the judgment shall deposit the money for the judgment with the court. The court shall deduct from the money received from the judgment any amount of money owed by the person for restitution and send the money to the appropriate person, governmental agency or political subdivision of a governmental agency to whom restitution is owed. 2. Except as otherwise provided in subsection 4, if a person enters into a settlement for money in an action described in subsection 1, the person or governmental entity that pays the settlement shall deposit the money for the settlement with the court in which the action was filed or the district court of the county in which the person resides if no action was filed. The court shall deduct from the money deposited with the court any amount of money owed by the person for restitution and send the money to the appropriate person, governmental agency or political subdivision of a governmental agency to whom restitution is owed. 3. If any money remains after the court makes the deduction pursuant to subsection 1 or 2, the court shall forward the remaining money to the person who initiated the action. 4. The provisions of this section do not apply to a judgment or settlement in a case that involves the death of a person who was imprisoned.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 176.305	Judgment for imprisonment or fine and imprisonment until satisfied: Commitment and detention.	If the judgment be imprisonment, or a fine and imprisonment until it is satisfied, the defendant must forthwith be committed to the custody of the proper officer, and detained until + See more the judgment is complied with.	Incarceration	All	Yes
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 176.075	Rate of imprisonment in default of administrative assessment, fine or forfeiture	1. Except as otherwise provided in subsection 2, when a person is sentenced to pay a fine or forfeiture without an accompanying sentence of imprisonment, the court may, pursuant to + See more NRS 62B.420 or 176.064, order that the person be confined in the city or county jail or detention facility for a period of not more than 1 day for each $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied.2. The provisions of this section do not apply to indigent persons.	Incarceration	All	No
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 176.065	Rate of additional imprisonment in default of administrative assessment, fine or forfeiture	1. Except as otherwise provided in subsection 2, when a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, the court may, + See more pursuant to NRS 62B.420 or 176.064, order that the person be confined in the state prison, the city or county jail or a detention facility, whichever is designated in the person's sentence of imprisonment, for an additional period of 1 day for each $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied or the maximum term of imprisonment prescribed by law for the offense committed has elapsed, whichever is earlier, but the person's eligibility for parole is governed only by the person's sentence of imprisonment.2. The provisions of this section do not apply to indigent persons.	Incarceration	All	No
Add to Dashboard + Create New	Nevada	Nev. Rev. Stat. Ann. § 209.4837(D)	Agreement for assignment and distribution of wages of offender; schedule of restitution.	Once the Director determines that restitution voluntarily offered by the offender can be made, the Director shall attempt to negotiate and enter into an agreement with the offender which provides + See more for an assignment to the Department of all wages which the offender earns: 1. To make restitution payments: (a) To the victims of any crime for which the offender is incarcerated and for which an amount of restitution was set pursuant to NRS 176.033; and (b) For expenses related to extradition in accordance with NRS 179.225; 2. To reimburse the Department in part for its costs in providing the offender housing, transportation, meals and medical and dental services at the center, if applicable; and 3. For the offender’s own account to the Prisoners’ Personal Property Fund.	Wage/bank account garnishment	All	No

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