Poverty Penalties and Poverty Traps

Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.

Every law can be saved to the Reform Builder  

See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide

Below are the poverty penalties and poverty traps that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.

42 Results

Export results to Excel

State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2B:12-23 Community Service
a. A person, sentenced by a municipal court to pay a fine, who defaults in payment may be ordered to perform community service in lieu of incarceration or other modification
+ See more
of the sentence with the person's consent. b. The county or municipal official in charge of the community service program shall report to the municipal court any failure of a person subject to a court work order to report for work or to perform the assigned work. Upon receipt of the report, the court may revoke its community service order and impose any sentence consistent with the original sentence.
Community service All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2B:12-23.1 Community Service
Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date
+ See more
of the hearing or has failed to pay a previously imposed penalty, the court may order the person to perform community service in lieu of the payment of a penalty; or, order the payment of the penalty in installments for a period of time determined by the court. If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may: (1) reduce the penalty, suspend the penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty. b. For the purposes of this section, “penalty” means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c. 75 (C.39:4-97.2).
Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
When a defendant sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), a penalty imposed pursuant to section 11 of P.L.2001, c. 81 (C.2C:43-3.6),
+ See more
a penalty imposed pursuant to section 1 of P.L.2005, c. 73 (C.2C:14-10), monthly probation fee, fine, a penalty imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5), other court-imposed financial obligations or to make restitution or pay child support or other support or maintenance ordered by a court defaults in the payment thereof or of any installment, upon the motion of the person authorized by law to collect the payment, the motion of the prosecutor, the motion of the victim entitled to payment of restitution, the motion of the Victims of Crime Compensation Office, the motion of the State or county Office of Victim and Witness Advocacy or upon its own motion, the court shall recall him, or issue a summons or a warrant of arrest for his appearance. The court shall afford the person notice and an opportunity to be heard on the issue of default. Failure to make any payment when due shall be considered a default. The standard of proof shall be by a preponderance of the evidence, and the burden of establishing good cause for a default shall be on the person who has defaulted. (1) If the court finds that the person has defaulted without good cause, the court shall: (a) Order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person
Driver's license suspension/impoundment All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
When a defendant sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), a penalty imposed pursuant to section 11 of P.L.2001, c. 81 (C.2C:43-3.6),
+ See more
a penalty imposed pursuant to section 1 of P.L.2005, c. 73 (C.2C:14-10), monthly probation fee, fine, a penalty imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5), other court-imposed financial obligations or to make restitution or pay child support or other support or maintenance ordered by a court defaults in the payment thereof or of any installment, upon the motion of the person authorized by law to collect the payment, the motion of the prosecutor, the motion of the victim entitled to payment of restitution, the motion of the Victims of Crime Compensation Office, the motion of the State or county Office of Victim and Witness Advocacy or upon its own motion, the court shall recall him, or issue a summons or a warrant of arrest for his appearance. The court shall afford the person notice and an opportunity to be heard on the issue of default. Failure to make any payment when due shall be considered a default. The standard of proof shall be by a preponderance of the evidence, and the burden of establishing good cause for a default shall be on the person who has defaulted. (1) If the court finds that the person has defaulted without good cause, the court shall: (a) Order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person
Driver's license suspension/impoundment All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
When a defendant sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1), a penalty imposed pursuant to section 11 of P.L.2001, c. 81 (C.2C:43-3.6),
+ See more
a penalty imposed pursuant to section 1 of P.L.2005, c. 73 (C.2C:14-10), monthly probation fee, fine, a penalty imposed pursuant to section 1 of P.L.1999, c. 295 (C.2C:43-3.5), other court-imposed financial obligations or to make restitution or pay child support or other support or maintenance ordered by a court defaults in the payment thereof or of any installment, upon the motion of the person authorized by law to collect the payment, the motion of the prosecutor, the motion of the victim entitled to payment of restitution, the motion of the Victims of Crime Compensation Office, the motion of the State or county Office of Victim and Witness Advocacy or upon its own motion, the court shall recall him, or issue a summons or a warrant of arrest for his appearance. The court shall afford the person notice and an opportunity to be heard on the issue of default. Failure to make any payment when due shall be considered a default. The standard of proof shall be by a preponderance of the evidence, and the burden of establishing good cause for a default shall be on the person who has defaulted. (1) If the court finds that the person has defaulted without good cause, the court shall: (a) Order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person
Driver's license suspension/impoundment All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
If the court finds that the person defaulted on payment of a court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court without good cause and finds
+ See more
that the default was willful, the court may, in addition to the action required by paragraph (1) of this subsection a., impose a term of imprisonment or participation in a labor assistance program or enforced community service to achieve the objective of the court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court. These options shall not reduce the amount owed by the person in default. The term of imprisonment or enforced community service or participation in a labor assistance program in such case shall be specified in the order of commitment. It need not be equated with any particular dollar amount but, in the case of a fine it shall not exceed one day for each $50 of the fine nor shall it exceed a period of 90 consecutive days. In no case shall the total period of imprisonment in the case of a disorderly persons offense for both the sentence of imprisonment and for failure to pay a fine exceed six months.
Incarceration All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
If the court finds that the person defaulted on payment of a court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court without good cause and finds
+ See more
that the default was willful, the court may, in addition to the action required by paragraph (1) of this subsection a., impose a term of imprisonment or participation in a labor assistance program or enforced community service to achieve the objective of the court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court. These options shall not reduce the amount owed by the person in default. The term of imprisonment or enforced community service or participation in a labor assistance program in such case shall be specified in the order of commitment. It need not be equated with any particular dollar amount but, in the case of a fine it shall not exceed one day for each $50 of the fine nor shall it exceed a period of 90 consecutive days. In no case shall the total period of imprisonment in the case of a disorderly persons offense for both the sentence of imprisonment and for failure to pay a fine exceed six months.
Incarceration All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
If the court finds that the person defaulted on payment of a court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court without good cause and finds
+ See more
that the default was willful, the court may, in addition to the action required by paragraph (1) of this subsection a., impose a term of imprisonment or participation in a labor assistance program or enforced community service to achieve the objective of the court-imposed financial obligation, restitution, or child support or other support or maintenance ordered by a court. These options shall not reduce the amount owed by the person in default. The term of imprisonment or enforced community service or participation in a labor assistance program in such case shall be specified in the order of commitment. It need not be equated with any particular dollar amount but, in the case of a fine it shall not exceed one day for each $50 of the fine nor shall it exceed a period of 90 consecutive days. In no case shall the total period of imprisonment in the case of a disorderly persons offense for both the sentence of imprisonment and for failure to pay a fine exceed six months.
Incarceration All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Jersey N.J. Stat. Ann. § 2C:46-2 Consequences of Nonpayment
Except where incarceration is ordered pursuant to paragraph (2) of this subsection a., if the court finds that the person has defaulted the court may take one or more of the
+ See more
following actions: (a) the court shall take appropriate action to modify or establish a reasonable schedule for payment; (b) in the case of a fine, if the court finds that the circumstances that warranted the fine have changed or that it would be unjust to require payment, the court may revoke or suspend the fine or the unpaid portion of the fine; or (c) if the defendant has served jail time for default on a court-imposed financial obligation, the court may order that credit for each day of confinement be given against the amount owed. The amount of the credit shall be determined at the discretion of the court but shall be not less than $50 for each day of confinement served.
Payment plan/installment plan All No