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.

70 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. § 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

Ohio Ohio Rev. Code § 1907.25(B) Blocking of motor vehicle registration or transfer or registration for failure to pay fine or costs
If a person is charged with an offense in county court and either fails to appear in court at the required time and place to answer the charge or pleads
+ See more
guilty to or is found guilty of the offense and fails within the time allowed by the court to pay any fine or costs imposed by the court, the court may enter information relative to the person's failure to pay any outstanding amount of the fine or costs on a form prescribed or approved by the registrar of motor vehicles pursuant to division (C) of this section and send the form to the registrar. Upon receipt of the form, the registrar shall take any measures necessary to ensure that neither the registrar nor any deputy registrar accepts any application for the registration or transfer of registration of any motor vehicle owned or leased by the person. However, for a motor vehicle leased by the person, the registrar shall not implement this requirement until the registrar adopts procedures for that implementation under section 4503.39 of the Revised Code. The period of denial relating to the issuance or transfer of a certificate of registration for a motor vehicle imposed under this section remains in effect until the person pays any fine or costs imposed by the court relative to the offense. When the fine or costs have been paid in full, the court shall inform the registrar of the payment by entering information relative to the payment on a notice of payment form prescribed or approved by the registrar pursuant to division (C) of this section and sending the form to the registrar.
Driver's license suspension/impoundment All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2947.14(A) Satisfaction of fine

(A) If a fine is imposed as a sentence or a part of a sentence, the court or magistrate that imposed the fine may order that the offender be committed to

+ See more
the jail or workhouse until the fine is paid or secured to be paid, or the offender is otherwise legally discharged, if the court or magistrate determines at a hearing that the offender is able, at that time, to pay the fine but refuses to do so. The hearing required by this section shall be conducted at the time of sentencing.

Incarceration All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2949.15 Writs of execution to issue

If a nonindigent person convicted of a felony fails to pay the costs of prosecution pursuant to section 2949.14 of the Revised Code, the clerk of the court of common

+ See more
pleas shall forthwith issue to the sheriff of the county in which the indictment was found, and to the sheriff of any other county in which the person has property, executions against his property for fines and the costs of prosecution, which shall be served and returned within ten days, with the proceedings of such sheriff or the certification that there is no property upon which to levy, indorsed thereon. When a levy is made upon property under such execution, a writ shall forthwith be issued by the clerk for the sale thereof, and such sheriff shall sell the property and make return thereof, and after paying the costs of conviction, execution, and sale, pay the balance to the person authorized to receive it.

Property liens All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2947.23(A)(1)(a)(i) Judgment for costs and jury fees

(A)(1)(a) In all criminal cases, including violations of ordinances, the judge or magistrate shall include in the sentence the costs of prosecution, including any costs under section 2947.231 of the

+ See more
Revised Code, and render a judgment against the defendant for such costs. If the judge or magistrate imposes a community control sanction or other nonresidential sanction, the judge or magistrate, when imposing the sanction, shall notify the defendant of both of the following: (i) If the defendant fails to pay that judgment or fails to timely make payments towards that judgment under a payment schedule approved by the court, the court may order the defendant to perform community service until the judgment is paid or until the court is satisfied that the defendant is in compliance with the approved payment schedule.

Community service All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2929.25(C)(2) Community control sanctions

(C)(2) The sentencing court shall require as a condition of any community control sanction that the offender abide by the law and not leave the state without the permission of

+ See more
the court or the offender's probation officer. In the interests of doing justice, rehabilitating the offender, and ensuring the offender's good behavior, the court may impose additional requirements on the offender. The offender's compliance with the additional requirements also shall be a condition of the community control sanction imposed upon the offender.

Condition or extension of supervision All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2949.09 Execution for fine and costs

When a judge or magistrate renders judgment for a fine, an execution may issue for such judgment and costs of prosecution, to be levied on the property, or in default

+ See more
thereof, upon the body of the defendant for nonpayment of the fine. The officer holding such writ may arrest such defendant in any county and commit him to the jail of the county in which such writ issued, until such fine is paid or secured to be paid or he is otherwise legally discharged.

Property liens All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 4510.22 Forfeiture for failure to appear or pay fine; denial of vehicle registration

If a person who has a current valid Ohio driver's, commercial driver's license, or temporary instruction permit is charged with a violation of any provision in sections 4503.11, 4503.12, 4503.182,

+ See more
4503.21, 4507.02, 4507.05, 4507.35, 4510.11, 4510.111, 4510.12, 4510.16, 4510.21, 4511.01 to 4511.76, 4511.81, 4511.82, 4511.84, 4513.01 to 4513.65, or 4549.01 to 4549.65 of the Revised Code or with a violation of any substantially equivalent municipal ordinance and if the person either fails to appear in court at the required time and place to answer the charge or pleads guilty to or is found guilty of the violation and fails within the time allowed by the court to pay the fine imposed by the court, the court may declare the forfeiture of the person's license. Thirty days after such a declaration of forfeiture, the court shall inform the registrar of motor vehicles of the forfeiture by entering information relative to the forfeiture on a form approved and furnished by the registrar and sending the form to the registrar. The court also shall forward the person's license, if it is in the possession of the court, to the registrar. The registrar shall impose a class F suspension of the person's driver's or commercial driver's license, or temporary instruction permit for the period of time specified in division (B)(6) of section 4510.02 of the Revised Code on any person who is named in a declaration received by the registrar under this section. The registrar shall send written notification of the suspension to the person at the person's last known address and, if the person is in possession of the license, order the person to surrender the person's license or permit to the registrar within forty-eight hours.

Driver's license suspension/impoundment Misdemeanor No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2929.28(G)(3) Financial sanctions; court costs

(G) Each court imposing a financial sanction upon an offender under this section may designate the clerk of the court or another person to collect the financial sanction. The clerk,

+ See more
or another person authorized by law or the court to collect the financial sanction may do the following: (3) To defray administrative costs, charge a reasonable fee to an offender who elects a payment plan rather than a lump sum payment of any financial sanction.

Increased fine, Payment plan/installment plan Misdemeanor No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2947.23(C) Judgment for costs and jury fees

The court retains jurisdiction to waive, suspend, or modify the payment of the costs of prosecution, including any costs under section 2947.231 of the Revised Code, at the time of

+ See more
sentencing or at any time thereafter.

Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 5120.133 Transfer of prisoner’s funds to satisfy judgment; exemptions

(A) The department of rehabilitation and correction, upon receipt of a certified copy of the judgment of a court of record in an action in which a prisoner was a

+ See more
party that orders a prisoner to pay a stated obligation, may apply toward payment of the obligation money that belongs to a prisoner and that is in the account kept for the prisoner by the department. The department may transmit the prisoner's funds directly to the court for disbursement or may make payment in another manner as directed by the court. Except as provided in rules adopted under this section, when an amount is received for the prisoner's account, the department shall use it for the payment of the obligation and shall continue using amounts received for the account until the full amount of the obligation has been paid. No proceedings in aid of execution are necessary for the department to take the action required by this section. (B) The department may adopt rules specifying a portion of an inmate's earnings or other receipts that the inmate is allowed to retain to make purchases from the commissary and that may not be used to satisfy an obligation pursuant to division (A) of this section. The rules shall not permit the application or disbursement of funds belonging to an inmate if those funds are exempt from execution, garnishment, attachment, or sale to satisfy a judgment or order pursuant to section 2329.66 of the Revised Code or to any other provision of law.

Wage/bank account garnishment All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 1901.44(B) Community service in lieu of court costs; failure to pay

If a person is charged with an offense in municipal court and either fails to appear in court at the required time and place to answer the charge or pleads

+ See more
guilty to or is found guilty of the offense and fails within the time allowed by the court to pay any fine or costs imposed by the court, the court may enter information relative to the person's failure to pay any outstanding amount of the fine or costs on a form prescribed or approved by the registrar of motor vehicles pursuant to division (C) of this section and send the form to the registrar. Upon receipt of the form, the registrar shall take any measures necessary to ensure that neither the registrar nor any deputy registrar accepts any application for the registration or transfer of registration of any motor vehicle owned or leased by the person. However, for a motor vehicle leased by the person, the registrar shall not implement this requirement until the registrar adopts procedures for that implementation under section 4503.39 of the Revised Code. The period of denial relating to the issuance or transfer of a certificate of registration for a motor vehicle imposed under this section remains in effect until the person pays any fine or costs imposed by the court relative to the offense. When the fine or costs have been paid in full, the court shall inform the registrar of the payment by entering information relative to the payment on a notice of payment form prescribed or approved by the registrar pursuant to division (C) of this section and sending the form to the registrar.

Driver's license suspension/impoundment All No