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. § 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

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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
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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

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of payment; or (2) The cost of service of a penal summons issued pursuant to this chapter.

Increased fine Traffic No
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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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New Hampshire N.H. Rev. Stat. § 604-A:9(I) Repayment

The state may collect from the defendant a service charge of up to 10 percent of the total amount of fees and expenses owed by such defendant.

Collection fee/interest All No
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New Hampshire N.H. Rev. Stat. Ann. § 263:56-a Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine

Whenever any defendant: . . . (b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court has determined he

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is able to pay, or issues a bad check in payment of a fine or other penalty; or (c) Fails to comply with a similar order of the director or a court on any matter within the director's or court's jurisdiction, his driver's license or resident or nonresident driving privilege and in any motor vehicle case or related case the resident plates and motor vehicle registration shall be suspended or revoked only upon written consent of the director, effective 30 days after such default or failure, except as provided in subparagraph I(d) of this section.

Driver's license suspension/impoundment Traffic No
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New Hampshire N.H. Rev. Stat. Ann. § 631:2-b Domestic Violence

In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. If the court determines that the defendant

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is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this section shall not be subject to an additional penalty assessment. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15.

Payment plan/installment plan All Yes
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New Hampshire N.H. Rev. Stat. § 504-A:13(I) Supervision and Service Charges

The court shall establish a supervision fee for probationers, and the parole board shall establish a supervision fee for parolees. The fee shall not be less than $40 a month,

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unless waived in whole or in part by the court, board or commissioner, and may be any greater amount as established by the court or board. This fee shall be considered a condition of release, and failure to satisfy this obligation shall be grounds for a violation hearing, unless the probationer or parolee has been found to be indigent and, for that reason, unable to pay the fee. Service charges for collection of fines and fees, other than supervision fees, shall be established at 10 percent of the funds collected.

Collection fee/interest, Condition or extension of supervision All Yes
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New Hampshire N.H. Rev. Stat. Ann. § 490:26-a(II-a) Court Fees and Fines; Credit Card Payments

The supreme court may establish by rule an equitable fee of not less than $25 to be added to a fine whenever a court extends the time for the payment

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of the fine. An equitable fee assessed by a court under this paragraph shall be paid prior to or simultaneously with the payment of the fine.

Collection fee/interest All No
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New Hampshire N.H. Rev. Stat. Ann. § 618:7 Execution

A writ of execution may be issued for any fine in a criminal case, notwithstanding the respondent may be committed or detained in a county correctional facility for nonpayment thereof,

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and if the fine is collected upon the execution, the convict shall not be further detained on account thereof.

Incarceration All No
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New Hampshire N.H. Rev. Stat. Ann. § 618:6 Place of Committal

Any person sentenced to pay a fine shall be ordered to be imprisoned until sentence is performed, or he or she is otherwise legally discharged, in the county correctional facility

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in which the crime was committed. This section shall not be construed as authorizing the confinement of any juvenile under the age of 17 years in a county correctional facility for the nonpayment of a fine.

Incarceration All Yes
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New Hampshire N.H. Rev. Stat. Ann. § 651:22 Jurisdiction Over and Disposition of Wages and Income

In any criminal case, in addition to such other terms and conditions as may be imposed by the court, a defendant who has received a suspended sentence or who has

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been released under RSA 651:19 may be required by the court to surrender to the department of corrections or other agency designated by the court all or part of his wages or other income, less standard payroll deduction required by law, earned during the time he is not confined under the sentence. The court may direct that, after deducting therefrom the cost of his maintenance while not confined, the balance be applied as needed for restitution payments made to authorized claimants pursuant to RSA 651:62 through 66 and for the support and maintenance of his dependents. Any balance after such applications shall be deposited in a savings account to be released to him or applied as needed for restitution payments or the support of his dependents as the court may order, or applied to the designated cost of room and board at the institution for the period of time during which the inmate is working before the expiration of his sentence. Upon expiration of his sentence the balance remaining shall be paid to him or his order.

Wage/bank account garnishment All No
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New Hampshire N.H. Rev. Stat. Ann. § 651:64(I),(III) Time and Method of Restitution

I. The time and method of restitution payments or performance of restitution services shall be specified by the department of corrections. Monetary restitution may be by lump sum, or by

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periodic installments in any amounts.

III. The department may garnish the offender's wages for the purpose of ensuring payment of victim restitution.

Payment plan/installment plan, Wage/bank account garnishment All No