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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	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 + See more 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 $500, or both such fine and imprisonment. And whenever any fine is imposed for any felony or misdemeanor, whether such be by statute or at common law and the party upon whom the fine is imposed has the ability to pay said fine, the party upon whom the fine is imposed shall be committed to the county jail, when not sentenced to the state prison, until the fine is paid.	Incarceration	All	Yes
Add to Dashboard + Create New	Idaho	Idaho code § 19-5304(4)	Restitution for Crime Victims — Orders to be Separate — When Restitution is not Appropriate — Other Remedies — Evidentiary Hearings — Definitions	If a separate written order of restitution is issued, an order of restitution shall be for an amount certain and shall be due and owing at the time of sentencing + See more or at the date the amount of restitution is determined, whichever is later. An order of restitution may provide for interest from the date of the economic loss or injury.	Collection fee/interest	All	No
Add to Dashboard + Create New	Idaho	Idaho code § 19-5305	Collection of Judgments	(1) After forty-two (42) days from the entry of the order of restitution or at the conclusion of a hearing to reconsider an order of restitution, whichever occurs later, an + See more order of restitution may be recorded as a judgment and the victim may execute as provided by law for civil judgments. (2) The clerk of the district court may take action to collect on the order of restitution on behalf of the victim and, with the approval of the administrative district judge, may use the procedures set forth in section 19-4708, Idaho Code, for the collection of the restitution.	Civil judgment, Collection fee/interest	All	Yes
Add to Dashboard + Create New	Idaho	Idaho Code § 31-3201(4)	Clerk of District Court -- Fees	Provided further, an additional handling fee of two dollars ($ 2.00) shall be imposed on each monthly installment of criminal or infraction fines, forfeitures, and other costs paid on a + See more monthly basis.	Collection fee/interest	All	Yes
Add to Dashboard + Create New	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) + See more per day until the fine imposed is satisfied.	Incarceration, Increased fine	All	No
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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
Add to Dashboard + Create New	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 + See more fee, the court may hold the party in contempt.	Incarceration, Increased fine, Other	All	No
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 558.006(5)	Response to nonpayment	Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized for the enforcement of money judgments.	Incarceration, Property liens, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 488.503	Contracting for collection of delinquent court-ordered payments authorized--fees added to amount due	To collect on past-due court-ordered penalties, fines, restitution, sanctions, court costs, including restitution and juvenile monetary assessments, or judgments to the State of Missouri or one of its political subdivisions, + See more any division of the circuit court may contract with public agencies or with private entities operating under a contract with a state agency or the office of state courts administrator. Any fees or costs associated with such collection efforts shall be added to the amount due, but such fees and costs shall not exceed twenty percent of the amount collected.	Collection fee/interest	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 545.02	Recovery of fine or forfeiture, how	Whenever a fine, penalty or forfeiture is or may be inflicted by any statute of this state for any offense, the same may be recovered by indictment or information, notwithstanding + See more another or different remedy for the recovery of the same may be specified in the law imposing the fine, penalty or forfeiture; provided, that in all cases the fine, penalty or forfeiture shall go to the state, county, corporation, person or persons to whom the law imposing the same declares it shall accrue.	Incarceration, Increased fine	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 546.86	All property bound for fine and costs	The property, real and personal, of any person charged with a criminal offense, shall be bound from the time of his final conviction of such offense, for the payment of + See more all fines and costs which he may be adjudged to pay.	Property liens	All	No
Add to Dashboard + Create New	Missouri	Mo. Ann. Stat. § 559.100(3)	Circuit courts, power to place on probation or parole--revocation--conditions--restitution	In addition to all other costs and fees allowed by law, each prosecuting attorney or circuit attorney who takes any action to collect restitution shall collect from the person paying + See more restitution an administrative handling cost. The cost shall be twenty-five dollars for restitution of less than one hundred dollars and fifty dollars for restitution of at least one hundred dollars but less than two hundred fifty dollars. For restitution of two hundred fifty dollars or more an additional fee of ten percent of the total restitution shall be assessed, with a maximum fee for administrative handling costs not to exceed seventy-five dollars total.	Collection fee/interest	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 32-23-4.10	Costs payable to county--Nonpayment punishable by contempt.	In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime for a violation of § 32-23-1 to remit + See more costs in the amount of fifty dollars to the clerk of courts. The clerk of courts shall forward any amount collected pursuant to this section to the county treasurer for deposit in the county general fund. Failure to remit the amount to the clerk of courts in the time specified by the court is punishable by contempt proceedings.	Incarceration	All	Yes
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 23A-47-6	Failure to comply with plan of restitution or of financial obligation constitutes violation of conditions — Modification of plan — Contempt	Failure of any individual in this system to comply with the plan of restitution or plan for financial obligations as approved or modified by the court constitutes a violation of + See more the conditions within this system. Without limitation, the court may modify the plan of restitution or financial obligation, extend the period of time for restitution or financial obligation, or continue the individual in the administrative financial accountability system. If the individual fails to make payment as ordered by the court, the individual may be held in contempt of the court’s order.	Incarceration	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 23A-40-11	Lien for cost of provision of counsel — Limitation	A lien, enforceable as provided by this chapter, upon all the property, both real and personal, of any person, including the parents of a minor child, for whom legal counsel + See more or a public defender has been appointed under the provisions of § 23A-40-6, subdivisions 23A-40-7(2) and (3), or § 26-7A-31 may be filed. The services rendered and expenses incurred are a claim against the person and that person's estate, enforceable according to law in an amount to be determined by a judge of the circuit court or a magistrate judge and paid by the county or municipality chargeable for them. A lien on the parents of a minor child pursuant to this section may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs.	Property liens	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 216-15-7	Resistance to judicial process as misdemeanorEvery person guilty of any contempt of court by intentional disobedience of any process or order lawfully issued by any court is guilty of a + See more Class 2 misdemeanor.	Every person guilty of any contempt of court by intentional disobedience of any process or order lawfully issued by any court is guilty of a Class 2 misdemeanor.	Incarceration	All	No

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