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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Idaho Idaho Code § 31-3201E Drug Court and Mental Health Court Fee -- Drug Court and Mental Health Court Fund

Each person admitted into a drug court or mental health court shall pay a drug court and mental health court fee in an amount not to exceed three hundred dollars

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($ 300) per month or a lesser amount as set by the administrative district judge for participants in the drug court and mental health court. ... Any failure to pay the drug court and mental health court fee may constitute grounds for termination from drug court or mental health court by the court, provided this shall not be the exclusive remedy for collection of the fee. If a participant is terminated from the drug court or mental health court prior to successful completion of the program and a judgment of conviction is entered against the defendant, any unpaid drug court and mental health court fee shall be ordered by the court in the judgment of conviction, provided the court may order such fee to be waived if the court determines that the person is indigent and unable to pay the fee. Such fee shall be in addition to all other fines and fees levied, and the payment of such fee may also be ordered as a term and condition of probation.

Other All No
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Idaho Idaho Code § 31-3201D(1) County Misdemeanor Probation Supervision Fee

Any person under a supervised probation program for a misdemeanor offense shall be required to pay an amount not more than the maximum monthly felony probation or parole supervision fee

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set forth in section 20-225, Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, as a misdemeanor probation supervision fee. Any failure to pay such fee shall constitute grounds for the revocation of probation by the court, but this shall not be the exclusive remedy for its collection. The court for good cause may exempt a person from the payment of all or any part of the foregoing fee.

Other All No
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Idaho Idaho code § 19-5304(4) Restitution for Crime Victims — Orders to be Separate — When Restitution is not Appropriate — Other Remedies — Evidentiary Hearings — Definitions

If a separate written order of restitution is issued, an order of restitution shall be for an amount certain and shall be due and owing at the time of sentencing

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or at the date the amount of restitution is determined, whichever is later. An order of restitution may provide for interest from the date of the economic loss or injury.

Collection fee/interest All No
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Idaho Idaho code § 19-5305 Collection of Judgments

(1) After forty-two (42) days from the entry of the order of restitution or at the conclusion of a hearing to reconsider an order of restitution, whichever occurs later, an

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order of restitution may be recorded as a judgment and the victim may execute as provided by law for civil judgments. (2) The clerk of the district court may take action to collect on the order of restitution on behalf of the victim and, with the approval of the administrative district judge, may use the procedures set forth in section 19-4708, Idaho Code, for the collection of the restitution.

Civil judgment, Collection fee/interest All Yes
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Idaho Idaho Code § 31-3201(4) Clerk of District Court -- Fees

Provided further, an additional handling fee of two dollars ($ 2.00) shall be imposed on each monthly installment of criminal or infraction fines, forfeitures, and other costs paid on a

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monthly basis.

Collection fee/interest All Yes
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Idaho Idaho Code § 19-4708(1);(2) Collection of Debts Owed to Courts -- Contracts for Collection

(1)  The supreme court, or the clerks of the district court with the approval of the administrative district judge, may enter into contracts in accordance with this section for collection services

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for debts owed to courts. The cost of collection shall be paid by the defendant or juvenile offender as an administrative surcharge when the defendant or juvenile offender fails to pay any amount ordered by the court and the court utilizes the services of a contracting agent pursuant to this section;  (2)  As used in this section: (a)  "Contracting agent" means a person, firm or other entity who contracts to provide collection services. (b)  "Cost of collection" means the fee specified in contracts to be paid to or retained by a contracting agent for collection services. (c)  "Debts owed to courts" means any assessment of fines, court costs, surcharges, penalties, fees, restitution, moneys expended in providing counsel and other defense services to indigent defendants or juvenile offenders or other charges which a court judgment or disposition has ordered to be paid to the court in civil, criminal, or juvenile cases, and which remain unpaid in whole or in part, and includes any interest or penalties on such unpaid amounts as provided for in the judgment or by law.

Collection fee/interest All No
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Kentucky Ky. Rev. Stat. Ann. § 534.020(3)(b),(4) Methods of imposing fines; installment payment plan; determination of reason for defendant's default; show cause hearing; certain installment payments not to be reported as liquidated debt

(b) If the defendant fails to appear at the show cause hearing, the court may issue a warrant for the defendant's arrest. Any warrant for arrest issued for nonpayment of

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court costs, fees, or fines pursuant to this subsection shall include a notice to the jailer that the defendant shall be released upon payment or completion of daily credit pursuant to KRS 534.070.

(4) When a defendant is sentenced to pay court costs, fees, or fines, an alternative sentence of imprisonment that is to be served in the event the court costs, fees, or fines are not paid shall not be imposed at the same time. The response of a court to nonpayment shall be determined only after:

(a) The court costs, fees, or fines have not been paid; and

(b) 1. The show cause hearing has been held pursuant to subsections (2)(a) and (3)(a) of this section; or 2. The defendant has failed to appear at the show cause hearing as outlined in subsection (3)(b) of this section.

Other All No
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Kentucky Ky. RCr 2.05 Bench Warrants

Whenever a witness or defendant fails to appear in court as duly required, the presiding judge may issue a warrant for his or her arrest without the necessity of a

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supporting affidavit or complaint.

Other All No
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Pennsylvania 42 Pa. Stat. Ann. § 9728(a) Collection - interest
Except as provided in subsection (b)(5), all restitution, reparation, fees, costs, fines and penalties shall be collected by the county probation department or other agent designated by the county commissioners
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of the county with the approval of the president judge of the county for that purpose in any manner provided by law. However, such restitution, reparation, fees, costs, fines and penalties are part of a criminal action or proceeding and shall not be deemed debts. A sentence, pretrial disposition order or order entered under section 6352 (relating to disposition of delinquent child) for restitution, reparation, fees, costs, fines or penalties shall, together with interest and any additional costs that may accrue, be a judgment in favor of the probation department upon the person or the property of the person sentenced or subject to the order.
Collection fee/interest All No
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Pennsylvania Pa. R. Crim. P. 430(B)(4) Failure to respond to traffic citation
(4) that failure to respond to the citation as provided above within the time specified: (a) shall result in the issuance of
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a summons when a violation of an ordinance or any parking offense is charged, or when the defendant is under 18 years of age, and in all other cases shall result in the issuance of a warrant for the arrest of the defendant; and (b) shall result in the suspension of the defendant’s driver’s license when a violation of the Vehicle Code is charged;
Driver's license suspension/impoundment Traffic Yes
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Pennsylvania 75 Pa. Stat. Ann. § 1541 Period of disqualification, revocation or suspension of operating privilege
Continued suspension of operating privilege.--A defendant ordered by the court under section 3816 (relating to requirements for driving under influence offenders), as the result of a conviction or Accelerated Rehabilitative
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Disposition of a violation of section 3802 to attend a treatment program for alcohol or drug addiction must successfully complete all requirements of the treatment program ordered by the court before the defendant's operating privilege may be restored. Successful completion of a treatment program includes the payment of all court-imposed fines and costs, as well as fees to be paid to the treatment program by the defendant. For the purposes of restoring a suspended license, being current on a payment plan shall be considered as a part of a successfully completed program. If a defendant fails to successfully complete the requirements of a treatment program, the suspension shall remain in effect until the defendant completes the program and is otherwise eligible for restoration of his operating privilege. The treatment agency shall immediately notify the court of successful completion of the treatment program. The final decision as to whether a defendant has successfully completed the treatment program rests with the court.
Driver's license suspension/impoundment Traffic Yes