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 § 31-3220A Prisoner Payment of Fees at Time of Filing of Action -- Partial Payment of Fees -- Dismissal of Action

(4)  If the court permits the prisoner's action to proceed on partial payment of court fees, the court shall assess and, when funds exist, collect a partial payment of any court

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fees as set forth in sections 31-3201 and 31-3201A, Idaho Code, an initial partial filing fee of twenty percent (20%) of the greater of: (a)  The average monthly deposits to the prisoner's inmate account; or (b)  The average monthly balance for the six (6) month period immediately preceding the filing of the action;   (5)  After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of twenty percent (20%) of the preceding month's income credited to the prisoner's inmate account until the full amount of all applicable court fees set forth in sections 31-3201 and 31-3201A, Idaho Code, are paid. The agency or entity having custody of the prisoner shall forward payments from the prisoner's inmate account to the clerk of the court each time the amount in the prisoner's inmate account exceeds ten dollars ($ 10.00) until the full amount of all applicable court fees set forth in sections 31-3201 and 31-3201A, Idaho Code, are paid.

Payment plan/installment plan All No
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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 § 18-303 Common Law Offenses -- Punishment -- Imprisonment for Nonpayment of Fine

All offenses recognized by the common law as crimes and not herein enumerated are punishable, in case of felony, by imprisonment in the state prison for a term not less

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than one (1) year nor more than five (5) years; and in case of misdemeanors, by imprisonment in the county jail for a term not exceeding six (6) months or less than one (1) month, or by fine not exceeding $500, or both such fine and imprisonment. And whenever any fine is imposed for any felony or misdemeanor, whether such be by statute or at common law and the party upon whom the fine is imposed has the ability to pay said fine, the party upon whom the fine is imposed shall be committed to the county jail, when not sentenced to the state prison, until the fine is paid.

Incarceration All Yes
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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 § 20-225 Payment for Cost of Supervision

Any person under state probation or parole supervision shall be required to contribute not more than seventy-five dollars ($ 75.00) per month as determined by the board of correction. Costs

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of supervision are the direct and indirect costs incurred by the department of correction to supervise probationers and parolees, including tests to determine drug and alcohol use, books and written materials to support rehabilitation efforts, and monitoring of physical location through the use of technology. Any failure to pay such contribution shall constitute grounds for the revocation of probation by the court or the revocation of parole by the commission for pardons and parole. The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution if it finds any of the following factors to exist: (1)  The offender has diligently attempted but been unable to obtain employment. (2)  The offender has a disability affecting employment, as determined by a physical, psychological or psychiatric examination acceptable to the division of probation and parole.

Condition or extension of supervision All No
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Idaho Idaho Code § 20-624 Imprisonment for Fine

Whenever any defendant is confined solely for willful non-payment of any fine, the court, may, in lieu of payment, confine such person at the rate of thirty-five dollars ($ 35.00)

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per day until the fine imposed is satisfied.

Incarceration, Increased fine All No
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Idaho Idaho Code § 19-5304 Restitution for Crime Victims -- Orders to be Separate -- When Restitution is not Appropriate -- Other Remedies -- Evidentiary Hearings -- Definitions

Unless the court determines that an order of restitution would be inappropriate or undesirable, it shall order a defendant found guilty of any crime which results in an economic loss

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to the victim to make restitution to the victim. An order of restitution shall be a separate written order in addition to any other sentence the court may impose, including incarceration, and may be complete, partial, or nominal. The court may also include restitution as a term and condition of judgment of conviction; however, if a court orders restitution in the judgment of conviction and in a separate written order, a defendant shall not be required to make restitution in an amount beyond that authorized by this chapter. Restitution shall be ordered for any economic loss which the victim actually suffers. The existence of a policy of insurance covering the victim's loss shall not absolve the defendant of the obligation to pay restitution.

Condition or extension of supervision All No
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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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Missouri Mo. Ann. Stat. § 558.006 Response to nonpayment

When an offender sentenced to pay a fine defaults in the payment of the fine or in any installment, the fine or installment shall be collected by any means authorized for the enforcement

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collection of money judgments, other than a lien against real estate, or may be waived at the discretion of the sentencing judge.

Other, Wage/bank account garnishment All No
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Missouri Mo. Ann. Stat. § 559.016(3) Terms of probation - extension

The court may extend a period of probation, however, no more than one extension of any probation may be ordered except that the court may extend the total time on

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probation by one additional year by order of the court if the defendant admits he or she has violated the conditions of his or her probation or is found by the court to have violated the conditions of his or her probation. 

Condition or extension of supervision All No
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Missouri Mo. Ann. Stat. § 559.021(2)(1) Conditions of probation--compensation of victims--free work, public or charitable--defendant not an employee for workers’ compensation purposes--payment to county restitution fund, when

In addition to such other authority as exists to order conditions of probation, the court may order such conditions as the court believes will serve to compensate the victim, any

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dependent of the victim, any statutorily created fund for costs incurred as a result of the offender's actions, or society. Such conditions may include restorative justice methods pursuant to section 217.777, or any other method that the court finds just or appropriate including, but not limited to: (1) Restitution to the victim or any dependent of the victim, or statutorily created fund for costs incurred as a result of the offender's actions in an amount to be determined by the judge.

Condition or extension of supervision All No
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Missouri Mo. Ann. Stat. § 476.120 Punishment for contempt

Punishment for contempt may be by fine or imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court.

Incarceration, Increased fine All No
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Missouri Mo. Ann. Stat. § 488.020 Collection of court costs, when, how

Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the

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fee, the court may hold the party in contempt.

Incarceration, Increased fine, Other All No
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Missouri Mo. Rev. Stat. § 488.020(3)-(4) Collection of court costs, when, how

The supreme court may provide by rule for imposition of interest on any court costs not paid within thirty days of when due. If any court cost is not paid

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when due, the following actions may be taken:

(3) Upon notification to the party from whom the court cost is due, and upon failure to pay the fee after such notice, the court may inform the office of administration of any delinquencies in excess of twenty-five dollars. Upon receiving such notice, and without further notice by the office of administration to the defaulting party, the office of administration shall deduct the amount of unpaid court costs from any payment by the state to the defaulting party under any provision of law. The office of administration shall transmit the amount set off to the court, and shall send the excess amount to the payee, with a notice that the remainder of the refund was transmitted to the court in satisfaction of all or part of the unpaid court costs. The office of administration and its officials and employees shall not be liable to any person for any action taken in accordance with the requirements of this subdivision. Any proceeding contesting any action taken by a court or the office of administration pursuant to this subdivision shall be brought in the court which certified such unpaid fees to the office of administration, and shall be deemed ancillary to the proceeding for which such unpaid fees were assessed. No appearance, responsive pleading or discovery shall be due from the office of administration in such proceeding except upon order of the court;

(4) Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the fee, the court may hold the party in contempt.

 

Collection fee/interest, Incarceration, Increased fine, Other, Wage/bank account garnishment All No
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Missouri Mo. Const. Art. 1, § 11 Imprisonment for debt

That no person shall be imprisoned for debt, except for nonpayment of fines and penalties imposed by law.

Incarceration All No
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Missouri Mo. Ann. Stat. § 600.090(2) Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected

If at any time, either during or after the disposition of his case, such defendant becomes financially able to meet all or some part of the cost of services rendered

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to him, he shall be required to reimburse the commission in such amounts as he can reasonably pay, either by a single payment or by installments of reasonable amounts, in accordance with a schedule of charges for public defender services prepared by the commission.

Payment plan/installment plan All No
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Missouri Mo. Ann. Stat. § 600.090(2)(1) Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected

The reasonable value of the services rendered to a defendant pursuant to sections 600.011 to 600.048 and 600.086 to 600.096 may in all cases be a lien on any and

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all property to which the defendant shall have or acquire an interest. The public defender shall effectuate such lien whenever the reasonable value of the services rendered to a defendant appears to exceed one hundred fifty dollars and may effectuate such lien where the reasonable value of those services appears to be less than one hundred fifty dollars.

Property liens All No