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.
41 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
---|---|---|---|---|---|---|---|
Add to Dashboard
|
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 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
|
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) 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
|
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 clerk shall notify the prosecuting attorney and, if the defendant is on probation, the probation officer.
|
Other | All | Yes |
Add to Dashboard
|
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 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
|
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 of payment; or (2) The cost of service of a penal summons issued pursuant to this chapter.
|
Increased fine | Traffic | No |
Add to Dashboard
|
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 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
|
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 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
|
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, 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
|
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
|
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 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
|
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 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
|
Virginia | Va. Code Ann. § 53.1-45.1 | Work program wage garnishment |
C. The Director shall arrange for compensation for such employment. Wages earned by prisoners shall be paid to the Director who shall deduct from such wages, in the following order + See moreof priority, an amount to:1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court; and
3. Defray a portion of the prisoner's keep.
|
Wage/bank account garnishment | All | Yes |
Add to Dashboard
|
Virginia | Va. Code Ann. § 53.1-60 | Work release wage garnishment |
C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be + See morepaid to the Director. The Director shall, in accordance with regulations promulgated by the Board, deduct from such wages, in the following order of priority, an amount to:1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court;
|
Wage/bank account garnishment | All | Yes |
Add to Dashboard
|
Virginia | Va. Code Ann. § 53.1-60.1 | Inmate trust account garnishment |
Upon receipt of a valid court order or judgment against a person confined in a state correctional facility, the Director or his designee shall satisfy, to the extent possible, the + See moreamount required to be paid by the order or judgment from the inmate's trust account. The Director shall promulgate regulations governing the process of collecting funds from inmates to be used for (i) the satisfaction of judgments or orders granting monetary relief or imposing fines or other monetary sanctions or (ii) payment of court costs and fees.
|
Wage/bank account garnishment | All | Yes |
Add to Dashboard
|
Virginia | Va. Code Ann. § 53.1-127.4 | Driver's license suspension |
No suspension of driving privileges shall be issued by the Department of Motor Vehicles for failure or refusal to provide for immediate payment in full of fees imposed under § + See more53.1-131.3 or for failure to make payments under a deferred or installment payment agreement unless the sheriff or jail superintendent has (i) entered into an agreement with the Department of Motor Vehicles pursuant to § 46.2-320.2, (ii) has obtained a judgment and court order for suspension or nonrenewal issued by a court of competent jurisdiction, and (iii) has provided to the Commissioner of Motor Vehicles electronic notice of such judgment or default and court order and the person's most current mailing address.
The provisions of this section shall apply to all unpaid fees imposed under § 53.1-131.3 provided the sheriff or jail administrator or other entity under a contract pursuant to § 53.1-127.5 informs the person who owes the fees and receives signed certification of understanding at the time the deferred or installment payment agreement is entered into that upon failure or refusal to pay in accordance with the payment agreement the person's privilege to operate a motor vehicle shall be suspended pursuant to the provisions of § 46.2-320.2.
|
Driver's license suspension/impoundment | All | Yes |
Add to Dashboard
|
Virginia | Va. Code Ann. § 53.1-127.3 | Installment payment agreement |
If a person is unable to pay in full the fees owed to the local correctional facility or regional jail pursuant to § 53.1-131.3, the sheriff or jail superintendent shall + See moreestablish a deferred or installment payment agreement subject to the approval of the general district court. As a condition of every such agreement, a person who enters into a deferred or installment payment agreement shall promptly inform the sheriff or jail superintendent of any change of mailing address during the term of the agreement.
|
Payment plan/installment plan | All | Yes |
Add to Dashboard
|
Virginia | Va. Code Ann. § 53.1-131 | Work release wage garnishment |
Any wages earned pursuant to this section by an offender may, upon order of the court, be paid to the director or administrator of the program after standard payroll deductions + See morerequired by law. Distribution of such wages shall be made for the following purposes:
1. To pay an amount to defray the cost of his keep;
2. To pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program;
3. To provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance or social services as defined in § 63.2-100; or
4. To pay any fines, restitution or costs as ordered by the court.
|
Wage/bank account garnishment | All | No |
Add to Dashboard
|
Virginia | Va. Code Ann. § 53.1-131.2(H) | Work release while on home/electronic incarceration program wage garnishment |
H. Any wages earned by an offender or accused assigned to a home/electronic incarceration program and participating in work release shall be paid to the director or administrator after standard + See morepayroll deductions required by law. Distribution of the money collected shall be made in the following order of priority to:
1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court;
|
Wage/bank account garnishment | All | Yes |
Add to Dashboard
|
Virginia | Va. Code Ann. § 53.1-155.1 | Residential community program wage garnishment |
Any wages earned pursuant to this section by a prisoner may be paid to the director or administrator of the program after standard payroll deductions required by law. Distribution of + See moresuch wages shall be made for the following purposes:
1. To pay an amount to defray the cost of his keep;
2. To pay travel and other such expenses made necessary by his work release, employment, or participation in a residential community program or a community-based program;
3. To provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance as defined in § 63.2-100; or
4. To pay any fines, restitution, or costs as ordered by the court.
|
Wage/bank account garnishment | All | No |
Add to Dashboard
|
Virginia | Va. Code Ann. § 66-25.1:3(C) | Juvenile work release program wage garnishment |
C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be + See morepaid to the Director. The Director shall, in accordance with regulations promulgated by the Board, deduct from such wages, in the following order of priority, an amount to:
1. Meet the obligation of any judicial or administrative order to provide support, and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution, or costs as ordered by the court; and
3. Pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program.
|
Wage/bank account garnishment | All | Yes |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.