Data Explorer: Enforcement Mechanisms | 50 State Criminal Justice Debt Tool

Poverty Penalties and Poverty Traps

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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.

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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	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
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
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
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
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
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
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 32-35-60	Installment payments	A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments + See more and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 32-35-62	Failure to pay installments--Suspension of licenses.	In the event the judgment debtor referred to in § 32-35-61 fails to pay any installment as specified by such order, then upon notice of such default, the Department of + See more Public Safety shall forthwith suspend the license or nonresident's operating privilege and the Department of Revenue shall forthwith suspend the registration of the judgment debtor until such judgment is satisfied, as provided in this chapter.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 32-35-52	Suspension of license for failure to pay judgment	The Department of Public Safety upon receipt of a certified copy of a judgment shall forthwith suspend the license and any nonresident's operating privilege and the Department of Revenue shall + See more forthwith suspend the registration of any person against whom such judgment was rendered except as provided in §§ 32-35-53 to 32-35-56, inclusive.	Driver's license suspension/impoundment	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 32-35-57	Length of suspension pursuant to Section 32-35-52	A license, registration, and nonresident's operating privilege suspended pursuant to § 32-35-52 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter + See more issued in the name of such person, including any such person not previously licensed, unless and until every such judgment is stayed, satisfied in full, or to the extent provided in § 32-35-59, and until the said person gives proof of financial responsibility subject to the exemptions stated in §§ 32-35-54, 32-35-55, and 32-35-61.	Driver's license suspension/impoundment	All	Yes
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
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-27-18.3	Conditions required on probation or suspension of sentence	The conditions of probation imposed pursuant to § 23A-27-12 or 23A-27-13 or the conditions of a suspension of execution imposed pursuant to § 23A-27-18 may provide in addition to any + See more other conditions, as an explicit condition of probation, suspended imposition of sentence, or suspended execution of sentence that the defendant: (1) Pay a fine or perform community service work as directed by the court; or (2) Receive treatment for chemical dependency at any South Dakota treatment facility accredited pursuant to § 34-20A-27 and reimburse the county for costs of treatment ordered by the court; or (3) Make restitution pursuant to the provisions of chapter 23A-28.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 223A-27-25.5	Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served	No defendant may be imprisoned or jailed for failure to pay a fine, costs, or restitution or have any suspended prison or jail sentence revoked without a prior hearing. At + See more the hearing, the defendant has the burden of proof to establish to the reasonable satisfaction of the magistrate or circuit judge that the defendant did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution. Failure by the defendant to make such a showing is grounds for being imprisoned or jailed. If the sentence provided for payment of fine or costs only, the term of jail or imprisonment may be no longer than the number of days equal to the total amount of the fine or costs imposed divided by sixty. For purposes of making this computation, any fraction of less than one day shall be dropped from the term of imprisonment. In no event may such imprisonment for failure to pay the fine, costs, and restitution together with all other time served or to be served exceed the maximum allowed by statute. If the defendant establishes that nonpayment was not willful or that the defendant did make a bona fide effort to pay, the defendant may not be imprisoned or jailed for nonpayment. The magistrate or circuit judge shall consider other alternatives which take into account the state's interest in punishment and deterrence. The court shall make findings in its decision.	Incarceration	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art 43.09 (f),(j)-(k)	Fine Discharged	(f) A court may require a defendant who is unable to pay a fine or costs to discharge all or part of the fine or costs by performing community service. (j) A court + See more may not order a defendant to perform more than 16 hours per week of community service under Subsection (f) unless the court determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s dependents. (k) A defendant is considered to have discharged $100 of fines or costs for each eight hours of community service performed under Subsection (f) of this article	Community service	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. art. 42.15(c)	Fines and Costs	When imposing a fine and costs in a misdemeanor case, if the court determines that the defendant is unable to immediately pay the fine and costs, the court shall allow + See more the defendant to pay the fine and costs in specified portions at designated intervals.	Payment plan/installment plan	Misdemeanor	Yes
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42A.752(a)-(b)	Continuation or Modification of Community Supervision After Violation	(a) If after a hearing under Article 42A.751(d) a judge continues or modifies community supervision after determining that the defendant violated a condition of community supervision, the judge may impose any + See more other conditions the judge determines are appropriate, including: (1) a requirement that the defendant perform community service for a number of hours specified by the court under Article 42A.304, or an increase in the number of hours that the defendant has previously been required to perform under that article in an amount not to exceed double the number of hours permitted by that article; (2) an extension of the period of community supervision, in the manner described by Article 42A.753; (3) an increase in the defendant’s fine, in the manner described by Subsection (b); or (4) the placement of the defendant in a substance abuse felony punishment program operated under Section 493.009, Government Code . . . (b) A judge may impose a sanction on a defendant described by Subsection (a)(3) by increasing the fine imposed on the defendant. The original fine imposed on the defendant and an increase in the fine imposed under this subsection may not exceed the maximum fine for the offense for which the defendant was sentenced. The judge shall deposit money received from an increase in the defendant’s fine under this subsection in the special fund of the county treasury to be used for the same purposes for which state aid may be used under Chapter 76, Government Code.	Community service, Extension of probation/supervision, Increased fine	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 43.07	Execution for Fine and Costs	In each case of pecuniary fine, an execution may issue for the fine and costs, though a capias pro fine was issued for the defendant; and a capias pro fine + See more may issue for the defendant though an execution was issued against the defendant's property. The execution shall be collected and returned as in civil actions. When the execution has been collected, the defendant shall be at once discharged; and whenever the fine and costs have been legally discharged in any way, the execution shall be returned satisfied.	Property liens	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42A.751(a)(8)-(9)	Basic Discretionary Conditions	The judge of the court having jurisdiction of the case shall determine the conditions of community supervision. The judge may impose any reasonable condition that is designed to protect or + See more restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. Conditions of community supervision may include conditions requiring the defendant to: (8) pay in one or more amounts: (A) the defendant’s fine, if one is assessed; and (B) all court costs, regardless of whether a fine is assessed; (9) support the defendant’s dependents	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42A.751(b),(e)	Violation of Conditions of Community Supervision; Detention and Hearing	(b) At any time during the period of community supervision, the judge may issue a warrant for a violation of any condition of community supervision and cause the defendant to be + See more arrested. Any supervision officer, police officer, or other officer with the power of arrest may arrest the defendant with or without a warrant on the order of the judge to be noted on the docket of the court. Subject to Subsection (c), a defendant arrested under this subsection may be detained in the county jail or other appropriate place of confinement until the defendant can be taken before the judge for a determination regarding the alleged violation. (e) A judge may revoke without a hearing the community supervision of a defendant who is imprisoned in a penal institution if the defendant in writing before a court of record or a notary public in the jurisdiction where the defendant is imprisoned	Incarceration	All	No
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42A.652(b)	Monthly Reimbursement Fee	The judge may make payment of the monthly fee a condition of granting or continuing the community supervision.	Condition or extension of supervision	All	No

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