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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 § 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 + See more ($ 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
Add to Dashboard + Create New	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 + See more 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
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	Nebraska	Neb. Rev. Stat. § 29-2206(1)	Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator’s license.	(1)(a) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender + See more to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand committed and be imprisoned in the jail of the proper county until the fines or costs are paid or secured to be paid or the offender is otherwise discharged according to law if the court or magistrate determines that the offender has the financial ability to pay such fines or costs.	Incarceration	All	No
Add to Dashboard + Create New	Nebraska	Neb. Rev. Stat. § 29-2206(2)	Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator’s license	(2) If the court or magistrate determines, pursuant to subsection (1) of this section, that an offender is financially unable to pay such fines or costs in one lump sum but + See more is financially capable of paying in installments, the court or magistrate shall make arrangements suitable to the court or magistrate and to the offender by which the offender may pay in installments. The court or magistrate shall enter an order specifying the terms of such arrangements and the dates on which payments are to be made. When the judgment of conviction provides for the suspension or revocation of a motor vehicle operator’s license and the court authorizes the payment of fines or costs by installments, the revocation or suspension shall be effective as of the date of judgment.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	Nebraska	Neb. Rev. Stat. § 29-2206(3)	Alternative to lump sum/installment payments	As an alternative to a lump-sum payment or as an alternative or in conjunction with installment payments, the court or magistrate may deduct fines or costs from a bond posted + See more by the offender to the extent that such bond is not otherwise encumbered by a valid lien, levy, execution, or assignment to counsel of record or the person who posted the bond.	Other	All	No
Add to Dashboard + Create New	Nebraska	Neb. Rev. Stat. § 29-2206.01	Fine and costs; payment of installments; violation; penalty	Installments provided for in section 29-2206 shall be paid pursuant to the order entered by the court or magistrate. Any person who fails to comply with the terms of such order shall + See more be liable for punishment for contempt, unless such person has the leave of the court or magistrate in regard to such noncompliance or such person requests a hearing pursuant to section 29-2412 and establishes at such hearing that he or she is financially unable to pay.	Incarceration, Increased fine	All	Yes
Add to Dashboard + Create New	Nebraska	Neb. Rev. Stat. § 29-2412 (3)	Fine and costs; nonpayment; commutation upon confinement; credit; amount	(1) (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due date + See more of such fines or costs, or for failure to comply with the terms of an order pursuant to sections 29-2206 and 29-2206.01, shall be entitled to a hearing on the first regularly scheduled court date following the date of arrest. (b) If the court or magistrate determines that the person is financially able to pay the fines or costs and the person refuses to pay, the court or magistrate may: (i) Order the person to be confined in the jail of the proper county until the fines or costs are paid or secured to be paid or the person is otherwise discharged pursuant to subsection (4) of this section; or (ii) Enter an order pursuant to subdivision (1)(d) of this section discharging the person of such fines or costs and order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279; (3) Nothing in this section shall authorize any person to be discharged from imprisonment before the expiration of the time for which he or she may be sentenced to be imprisoned as part of his or her punishment (4) (a) Any person held in custody for nonpayment of fines or costs or for default on an installment shall be entitled to a credit on the fines, costs, or installment of one hundred fifty dollars for each day so held. (b) In no case shall a person held in custody for nonpayment of fines or costs be held in such custody for more days than the maximum number to which he or she could have been sentenced if the penalty set by law includes the possibility of confinement.	Community service, Incarceration	All	No
Add to Dashboard + Create New	Nebraska	Neb. Rev. Stat. § 29-2404	Misdemeanor cases; fines and costs; judgment; levy; commitment	In all cases of misdemeanor in which courts or magistrates shall have power to fine any offender, and shall render judgment for such fine, it shall be lawful to issue + See more executions for the same, with the costs taxed against the offender, to be levied on the goods and chattels of any such offender, and, for want of the same, upon the body of the offender, who shall, following a determination that the offender has the financial ability to pay such fine pursuant to section 29-2412, be committed to the jail of the proper county until the fine and costs be paid, or secured to be paid, or the offender be otherwise discharged according to law.	Collection fee/interest, Incarceration	Misdemeanor	Yes
Add to Dashboard + Create New	Nebraska	Neb. Rev. Stat. § 29-2262(2)(l)-(m),(s)-(t)	Probation; conditions	(2) The court may, as a condition of a sentence of probation, require the offender: (l) To pay a fine in one or more payments as ordered; (m) To pay + See more for tests to determine the presence of drugs or alcohol, psychological evaluations, offender assessment screens, and rehabilitative services required in the identification, evaluation, and treatment of offenders if such offender has the financial ability to pay for such services; (s) To make restitution as described in sections 29-2280 and 29-2281; or (t) To pay for all costs imposed by the court, including court costs and the fees imposed pursuant to section 29-2262.06.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Nebraska	Neb. Rev. Stat. § 29-2262.06(1),(5)	Fees; waiver; when; failure to pay; effect	(1) Except as otherwise provided in this section, whenever a district court or county court sentences an adult offender to probation, the court shall require the probationer to pay a + See more one-time administrative enrollment fee and thereafter a monthly probation programming fee. (5) If a probationer defaults in the payment of monthly probation programming fees or any installment thereof, the court may revoke his or her probation for nonpayment, except that probation shall not be revoked nor shall the offender be imprisoned for such nonpayment if the probationer is financially unable to make the payment, if he or she so states to the court in writing under oath, and if the court so finds after a hearing.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Oregon	Or. Rev. Stat. § 1.005	Credit card transactions for fees, security deposits, fines and other court-imposed obligations; rules	The Chief Justice of the Supreme Court or the presiding judge of any judicial district of this state may establish by rule a program to permit the use of credit + See more card transactions as security deposits, fines, assessments, restitution or any other court-imposed monetary obligation arising out of an offense. The program may also provide for the use of credit card transactions to pay for filing fees, response fees, certification fees and any other fees charged by the court. Any rules adopted pursuant to this section may provide for recovery from the person using the credit card of an additional amount reasonably calculated to recover any charge to the court by a credit card company resulting from use of the credit card.	Other	All	No

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