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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. § 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
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
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
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
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. § 706-642(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 + 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	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
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. § 8-2110	Failure to comply with traffic citation; misdemeanor; suspension of driver's license; restricted driving privileges; fees for mailing notice; reinstatement fee; authorized only by legislative enactment; disposition of reinstatement fees	When a person fails to comply with a traffic citation, except for illegal parking, standing or stopping, the district or municipal court in which the person should have complied with + See more the citation shall mail notice to the person that if the person does not appear in district or municipal court or pay all fines, court costs and any penalties within 30 days from the date of mailing notice, the division of vehicles will be notified to suspend the person's driving privileges. The district or municipal court may charge an additional fee of $5 for mailing such notice.	Driver's license suspension/impoundment	Misdemeanor	Yes
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. § 8-1567	Driving a commercial motor vehicle under the influence; penalties	In lieu of payment of a fine imposed pursuant to this section, the court may order that the person perform community service specified by the court. The person shall receive + See more a credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed not later than one year after the fine is imposed or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date.	Community service	All	No
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. § 21-6604(q)	Authorized dispositions; crimes committed on or after July 1, 1993	In imposing a fine, the court may authorize the payment thereof in installments. In lieu of payment of any fine imposed, the court may order that the person perform community + See more service specified by the court. The person shall receive a credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed by the later of one year after the fine is imposed or one year after release from imprisonment or jail, or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance shall become due on that date. If conditional reduction of any fine is rescinded by the court for any reason, then pursuant to the court's order the person may be ordered to perform community service by one year after the date of such rescission or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date. All credits for community service shall be subject to review and approval by the court.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. § 21-6607(b)(11)	Conditions of probation or suspended sentence; correctional supervision fee; correctional supervision fund; searches; drug testing; written reports	The court may impose any conditions of probation, suspension of sentence or assignment to a community correctional services program that the court deems proper, including, but not limited to, requiring + See more that the defendant: (11) perform services under a system of day fines whereby the defendant is required to satisfy fines, costs or reparation or restitution obligations by performing services for a period of days, determined by the court on the basis of ability to pay, standard of living, support obligations and other factors;	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. § 21-6607(b)(7)	Conditions of probation or suspended sentence; correctional supervision fee; correctional supervision fund; searches; drug testing; written reports	The court may impose any conditions of probation, suspension of sentence or assignment to a community correctional services program that the court deems proper, including, but not limited to, requiring + See more that the defendant: (7) pay a fine or costs, applicable to the offense, in one or several sums and in the manner as directed by the court;	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. § 22-3425(1)	Commitment for failure to pay fine and costs	(1) When a defendant is adjudged to pay a fine and costs, the court may order him to be committed to the county jail until such fine and costs are + See more paid or may make an order providing for the payment of such fines and costs in installments.	Incarceration	All	No
Add to Dashboard + Create New	Kansas	K.S.A. Const. Bill of Rights § 16	Imprisonment for debt	No person shall be imprisoned for debt, except in cases of fraud.	Incarceration	All	Yes
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. § 22-3425(2)	Commitment for failure to pay fine and costs	Any person confined in the county jail for failure to pay a fine or costs may be released by the court which imposed sentence, upon satisfactory proof that such person + See more is unable to pay such fine and costs. A release under this section shall not discharge a person from his liability to pay the fine and costs adjudged against him, but they may thereafter be collected by execution as on judgments in civil cases.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Kansas	Kan. Stat. Ann. § 21-6604(b)(1)(2)	Authorized dispositions; crimes committed on or after July 1, 1993	If the court orders restitution, the restitution shall be a judgment against the defendant which may be collected by the court by garnishment or other execution as on judgments in + See more civil cases. If, after 60 days from the date restitution is ordered by the court, a defendant is found to be in noncompliance with the plan established by the court for payment of restitution, and the victim to whom restitution is ordered paid has not initiated proceedings in accordance with K.S.A. 60-4301 et seq., and amendments thereto, the court shall assign an agent procured by the attorney general pursuant to K.S.A. 75-719, and amendments thereto, to collect the restitution on behalf of the victim. The chief judge of each judicial district may assign such cases to an appropriate division of the court for the conduct of civil collection proceedings.	Wage/bank account garnishment	All	No

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