Poverty Penalties and Poverty Traps

Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.

Every law can be saved to the Reform Builder  

See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide

Below are the poverty penalties and poverty traps that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.

25 Results

Export results to Excel

State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 730 Ill. Comp. Stat. 5/5-6-3(a)(7) Conditions of probation and of conditional discharge

(7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000

+ See more
or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program approved by the court. The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this paragraph (7). The court shall revoke the probation or conditional discharge of a person who wilfully fails to comply with this paragraph (7). The person on probation or conditional discharge shall be required to pay for the cost of the educational courses or high school equivalency testing if a fee is charged for those courses or testing. 

Condition or extension of supervision All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 730 Ill. Comp. Stat. 5/5-6-3(i) Conditions of probation and of conditional discharge

(i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of

+ See more
a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee.

Condition or extension of supervision All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 730 ILCS 5/5-6-3(b)(10)(iv) Conditions of probation and of conditional discharge

(iv) for persons convicted of any alcohol, cannabis or controlled substance violation who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall

+ See more
impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be. 

Condition or extension of supervision All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 725 Ill. Comp. Stat. 5/124A-10 Lien

The property, real and personal, of a person who is convicted of an offense shall be bound, and a lien is created on the property, both real and personal, of

+ See more
every offender, not exempt from the enforcement of a judgment or attachment, from the time of finding the indictment at least so far as will be sufficient to pay the fine and costs of prosecution. 

Property liens All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 730 Ill. Comp. Stat. 5/5-9-3(e) Fines: Default

An additional fee of 30% of the delinquent amount and each taxable court cost including, without limitation, costs of service of process, shall be charged to the offender for any

+ See more
amount of the fine, fee, cost, restitution, or judgment of bond forfeiture or installment of the fine, fee, cost, restitution, or judgment of bond forfeiture that remains unpaid after the time fixed for payment of the fine, fee, cost, restitution, or judgment of bond forfeiture by the court.

Collection fee/interest All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Illinois 730 Ill. Comp. Stat. 5/5-9-3(e) Fines: Default

A default in payment of a fine, fee, cost, restitution, or judgment of bond forfeiture shall draw interest at the rate of 9% per annum.

Collection fee/interest All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada Nev. Rev. Stat. Ann. §176.0635 Administrative assessment, fine or fee for felony or gross misdemeanor: Additional costs and fees for collection.
1.  A defendant who pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill who owes a fine, administrative assessment or fee, pursuant to NRS
+ See more
176.0625, must be assessed by and pay to the county treasurer or other office assigned by the county to make collections the following costs and fees if the county treasurer or other office assigned by the county to make collections is successful in collecting the fine, administrative assessment or fee: (a) The costs and fees actually incurred in collecting the fine, administrative assessment or fee; and (b) A fee payable to the county treasurer in the amount of 2 percent of the amount of the fine, administrative assessment or fee assigned to the county treasurer or other office assigned by the county to make collections. 2.  The total amount of the costs and fees required to be collected pursuant to subsection 1 must not exceed 35 percent of the amount of the fine, administrative assessment or fee or $50,000, whichever is less.
Collection fee/interest Felony Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada Nev. Rev. Stat. Ann. §176.064 (1) Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver’s license; imprisonment.
1.  If a fine, administrative assessment, fee or restitution is imposed upon a defendant pursuant to this chapter, whether or not the fine, administrative assessment, fee or restitution is in addition
+ See more
to any other punishment, and the fine, administrative assessment, fee or restitution or any part of it remains unpaid after the time established by the court for its payment, the defendant is liable for a collection fee, to be imposed by the court at the time it finds that the fine, administrative assessment, fee or restitution is delinquent, of: (a) Not more than $100, if the amount of the delinquency is less than $2,000. (b) Not more than $500, if the amount of the delinquency is $2,000 or greater, but is less than $5,000. (c) Ten percent of the amount of the delinquency, if the amount of the delinquency is $5,000 or greater.
Collection fee/interest All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada Nev. Rev. Stat. Ann. §§176.064 (3)(a)-(b)  Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver's license; imprisonment
3.  The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution,
+ See more
take any or all of the following actions, in the following order of priority if practicable: (a) Enter a civil judgment for the amount due in favor of the state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution. A civil judgment entered pursuant to this paragraph may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action. If the court has entered a civil judgment pursuant to this paragraph and the person against whom the judgment is entered is not indigent and has not satisfied the judgment within the time established by the court, the person may be dealt with as for contempt of court. (b) Request that a prosecuting attorney undertake collection of the delinquency, including, without limitation, the original amount of the civil judgment entered pursuant to paragraph (a) and the collection fee, by attachment or garnishment of the defendant’s property, wages or other money receivable.
Wage/bank account garnishment All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada Nev. Rev. Stat. Ann. § 176.275   Judgment for fine, administrative assessment, payment of restitution or repayment of expenses is lien; additional provisions concerning judgment for payment of restitution.
1.  A judgment which imposes a fine or administrative assessment or requires a defendant to pay restitution or repay the expenses of a defense constitutes a lien in like manner as
+ See more
a judgment for money rendered in a civil action. 2.  A judgment which requires a defendant to pay restitution: (a) May be recorded, docketed and enforced as any other judgment for money rendered in a civil action. (b) Does not expire until the judgment is satisfied.
Property liens All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada Nev. Rev. Stat. Ann. § 176.064 (3)(c)  Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver's license; imprisonment
3.  The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution,
+ See more
take any or all of the following actions, in the following order of priority if practicable: . . . (c) Order the suspension of the driver’s license of the defendant. If the defendant does not possess a driver’s license, the court may prohibit the defendant from applying for a driver’s license for a specified period. If the defendant is already the subject of a court order suspending or delaying the issuance of the defendant’s driver’s license, the court may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the driver’s license of a defendant pursuant to this paragraph, the court shall require the defendant to surrender to the court all driver’s licenses then held by the defendant. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles the licenses, together with a copy of the order. At the time the court issues an order pursuant to this paragraph delaying the ability of a defendant to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order. The Department of Motor Vehicles shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the defendant’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.
Driver's license suspension/impoundment All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada Nev. Rev. Stat. Ann. § 176.064 (3)(d)  Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver's license; imprisonment
3.  The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution,
+ See more
take any or all of the following actions, in the following order of priority if practicable: . . . (d) For a delinquent fine or administrative assessment, order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.
Incarceration All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada Nev. Rev. Stat. Ann. § 209.4831   Deduction from wages of offender for living expenses.  
The Director shall determine, with the approval of the Board, an amount to be deducted from the wages of each parolee or other offender assigned to a center to offset
+ See more
the cost of providing the offender with housing, transportation, meals and medical and dental services at the center.
Wage/bank account garnishment All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Utah Code Ann. § 76-3-201.1(b) Collection of criminal judgments--installment plan
Criminal judgment accounts receivable means any amount due the state arising from a criminal judgment for which payment has not been received by the state agency that is servicing the
+ See more
debt... The court may permit a defendant to pay a criminal judgment account receivable in installments.
Payment plan/installment plan All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--warrants
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
+ See more
own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest...(4)(a) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure to make a good faith effort to make the payment, the court may find that the default constitutes contempt. (b) Upon a finding of contempt, the court may order the defendant committed until the criminal judgment account receivable, or a specified part of it, is paid...(5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(d) except as provided in Section 77-18-8[fines issued in addition to imprisonment or in lieu of imprisonment], execute the original sentence of imprisonment
Incarceration All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--collection of civil judgment
Upon default in the payment of a criminal judgment account receivable or upon default in the payment of any installment of that receivable, the criminal judgment account receivable may be
+ See more
collected as provided in this section or Subsection 77-18-1(9) or (10), and by any means authorized by law for the collection of a civil judgment.
Property liens All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--compulsory service
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
+ See more
own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(f) except as limited by Subsection (6) [restitution], convert the criminal judgment account receivable or any part of it to compensatory service
Community service All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--reduce fines
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
+ See more
own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest...
Incarceration All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--extend probation
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
+ See more
own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...start the period of probation anew
Condition or extension of supervision All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Utah Code Ann. § 77-18-6(2)(a) Judgment to pay fine or restitution constitutes a lien When a fine, forfeiture, surcharge, cost, fee, or restitution is recorded in the registry of civil judgments, the judgment: (a) constitutes a lien Property liens All No