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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. § 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. § 706-644(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	Oklahoma	Okla. Stat. tit. 10A, § 1-4-701B	Reimbursements and costs by parents able to pay	The court may order the terms and conditions of the payment of costs and expenses described in subsection A of this section. When any parent is financially able but has + See more willfully failed to pay the costs and reimbursements as ordered by the court pursuant to this section, the parent may be held in indirect contempt of court and, upon conviction, shall be punished pursuant to Section 566 of Title 21 of the Oklahoma Statutes.	Increased fine	All	No
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 22, § 979a	Payment of jail costs by inmate	The sheriff, municipality or other public entity responsible for the operation of the jail may collect costs of incarceration ordered by the court from the jail account of the inmate. + See more If the funds collected from the jail account of the inmate are insufficient to satisfy the actual incarceration costs ordered by the court, the sheriff, municipality or other public entity responsible for the operation of the jail is authorized to collect the remaining balance of the incarceration costs by civil action.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Oklahoma	22 Okl.St.Ann. § 456A	Bench warrant, fee for issuance of	For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge + See more and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.	Collection fee/interest	All	Yes
Add to Dashboard + Create New	Oklahoma	22 Okl.St.Ann. § 966A	Bench warrant, fee for issuance of	For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge + See more and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.	Collection fee/interest	All	Yes
Add to Dashboard + Create New	Oklahoma	22 Okl.St.Ann. § 983A	Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments	Any defendant found guilty of an offense in any court of this state may be imprisoned for nonpayment of the fine, cost, fee, or assessment when the trial court finds + See more after notice and hearing that the defendant is financially able but refuses or neglects to pay the fine, cost, fee, or assessment. A sentence to pay a fine, cost, fee, or assessment may be converted into a jail sentence only after a hearing and a judicial determination, memorialized of record, that the defendant is able to satisfy the fine, cost, fee, or assessment by payment, but refuses or neglects so to do.	Incarceration	All	No
Add to Dashboard + Create New	Oklahoma	22 Okl.St.Ann. § 983B	Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments	After a judicial determination that the defendant is able to pay the fine, cost, fee, or assessment in installments, the court may order the fine, cost, fee, or assessment to + See more be paid in installments and shall set the amount and date for each installment.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Oklahoma	22 Okl.St.Ann. § 983C	Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments	In addition, the district court or municipal court, within one hundred twenty (120) days from the date upon which the person was originally ordered to make payment, may send notice + See more of nonpayment of any court ordered fine and costs for a moving traffic violation to the Department of Public Safety with a recommendation of suspension of driving privileges of the defendant until the total amount of any fine and costs has been paid. Upon receipt of payment of the total amount of the fine and costs for the moving traffic violation, the court shall send notice thereof to the Department, if a nonpayment notice was sent as provided for in this subsection. Notices sent to the Department shall be on forms or by a method approved by the Department.	Driver's license suspension/impoundment	Traffic	No
Add to Dashboard + Create New	Oklahoma	11 Okl.St.Ann. § 14-111	Enforcement and penalties for violation of municipal ordinances	The governing body may provide that any person fined for violation of a municipal ordinance who is financially able but refuses or neglects to pay the fine or costs may + See more be compelled to satisfy the amount owed by working on the streets, alleys, avenues, areas, and public grounds of the municipality, subject to the direction of the street commissioner or other proper officer, at a rate per day as the governing body may prescribe by ordinance, but not less than Fifty Dollars ($50.00) per day for useful labor, until the fine or costs are satisfied.	Work program/jail industry program	Misdemeanor	No
Add to Dashboard + Create New	Oklahoma	11 Okl.St.Ann. § 28-124	Imprisonment for nonpayment of fine and costs--Persons unable to pay	Any person who shall be convicted in the municipal criminal court of record of a violation of any ordinance of the city and sentenced to pay a fine and costs, + See more who is financially able but refuses or neglects to pay such fine and costs, shall be imprisoned in the jail, farm or workhouse of the city, in the discretion of the court, for one (1) day for each Twenty-five Dollars ($25.00) of the fine and cost assessed or one (1) day for each Fifty Dollars ($50.00) of the fine and cost assessed if the person performs useful labor. If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court in the county where the situs of the municipal government is located where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. Thereupon, the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.	Work program/jail industry program	Misdemeanor	No
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 11, § 22-138	Municipal collection agency contracts	A governing body of a municipality that enters into a contract with a collection agency pursuant to this section may authorize the addition of a collection fee in an amount + See more not to exceed thirty-five percent (35%) on each item described in subsection A of this section that has been referred by the municipality to the collection agency for collection. If a municipality enters into such contract with a collection agency and authorizes the collection fee, the court shall order defendants to reimburse the fee arising pursuant to paragraph 2 of subsection A of this section and such court-ordered fee may be collected as provided by law for the collection of any other civil debt or criminal action.	Collection fee/interest	All	Yes
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 57, § 58.3	Sentence and fine or cost credits for prisoner labor	Prisoners employed as provided herein shall be given a credit of two (2) days on a jail sentence for each day worked, and a credit of Fifty Dollars ($50.00) per + See more day upon the payment of a fine or court cost, if sentenced for nonpayment of a fine or court cost. The sheriff shall be authorized to order the credit be given to the prisoner on the records of the court where the conviction of the prisoner is filed.	Work program/jail industry program	All	Yes
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 11, § 27-122	Enforcement of payment of fines or costs by imprisonment--Persons unable to pay	A. If a defendant who is financially able refuses or neglects to pay a fine or costs or both, payment may be enforced:1. By imprisonment until the same shall be + See more satisfied at the rate of Twenty-five Dollars ($25.00) per day; or 2. In the same manner as is prescribed in subsection B of this section for a defendant who is without means to make such payment. B. If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court in the county where the situs of the municipal government is located, where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. The same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.	Incarceration	All	No
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 11, § 28-123	Execution of sentence--Modification, reduction or suspension--Probation--Deferred sentence	. All sentences of imprisonment shall be executed by the chief of police of the city, and any person convicted of a violation of any ordinance of the city and + See more sentenced to imprisonment shall be confined in the jail, farm or workhouse, of the city, in the discretion of the court, for the time specified in the sentence. All persons who shall be convicted in the court of violation of any ordinance of the city and sentenced to pay a fine and costs, who shall refuse to pay such fine or costs, shall be imprisoned in the jail of the city for one (1) day for each Two Dollars ($2.00) of the fine and costs assessed.	Incarceration	All	No
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 1.005	Credit card transactions for fees, security deposits, fines and other court-imposed obligations; rules	The Chief Justice of the Supreme Court or the presiding judge of any judicial district of this state may establish by rule a program to permit the use of credit + See more card transactions as security deposits, fines, assessments, restitution or any other court-imposed monetary obligation arising out of an offense. The program may also provide for the use of credit card transactions to pay for filing fees, response fees, certification fees and any other fees charged by the court. Any rules adopted pursuant to this section may provide for recovery from the person using the credit card of an additional amount reasonably calculated to recover any charge to the court by a credit card company resulting from use of the credit card.	Other	All	No

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