Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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.
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See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
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Reset all filtersType of poverty penalty or poverty trap
- Civil judgment (2)
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- Driver's license suspension/impoundment (3)
- Extension of probation/supervision (0)
- (-) Incarceration (9)
- Increased fine (2)
- Other (0)
- Payment plan/installment plan (2)
- Property liens (3)
- Wage/bank account garnishment (3)
- Work program/jail industry program (2)
Narrrow results
Level of Offense
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.
9 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Indiana | Ind. Code § 35-38-1-18 (d)(2)-(3) | Payment of Fines |
(d) Upon any default in the payment of the fine:... (2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings or order the convicted person’s wages, salary, and other income garnished in accordance with IC 24-4.5-5-105 to enforce the court’s order for payment of the fine.
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Incarceration, Wage/bank account garnishment | All | No |
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Indiana | Burns Ind. Code Ann. § 33-37-2-3 (a)(4); (d) | Indigency Hearing — Suspension of Costs — Default — Fees for Representation — Rights and Protections |
(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, the court shall order the person to pay: ... (4) the entire amount of the costs at some later date, less any amount credited under subsections (g) through (i) for the performance of: (A) allowable community service work ordered by the court as part of the person’s sentence or as part of the person’s probation; or (B) uncompensated volunteer work approved by the court at a nonprofit or municipal corporation that benefits the community, even if the volunteer work is not ordered by the court. ... (d) Upon any default in the payment of the costs: (1) an attorney representing the county may bring an action on a debt for the unpaid amount; (2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings to enforce the court's order for payment of the costs.
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Civil judgment, Community service, Incarceration | All | No |
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Mississippi | Miss. Code Ann. § 99-19-20 (2) | Incarceration |
The defendant may be imprisoned until the fine is paid if the defendant is financially able to pay a fine and the court so finds, subject to the limitations hereinafter + See moreset out.
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Incarceration | All | No |
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Mississippi | Miss. Code Ann. § 99-37-5(2) | Payment and orders |
(2) When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the + See morecourt may make payment of the fine or costs or the making of restitution a condition of probation or suspension of sentence. Such offenders shall make restitution payments directly to the victim. As an alternative to a contempt proceeding under Sections 99-37-7 through 99-37-13, the intentional refusal to obey the restitution order or a failure by a defendant to make a good faith effort to make such restitution may be considered a violation of the defendant's probation and may be cause for revocation of his probation or suspension of sentence.
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Incarceration | All | No |
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Mississippi | Miss. Code Ann. § 99-37-7(2) | Contempt for default |
(2) Unless the defendant shows that his default was not attributable to an intentional refusal to obey the order of the court or to a failure on his part to + See moremake a good faith effort to make the payment, the court may find that his default constitutes contempt and may order him committed until the fine or the restitution, or a specified part thereof, is paid.
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Incarceration | All | No |
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Mississippi | Miss. Code Ann. §97-33-1 | Miss. Code Ann. §97-33-1 |
shall be fined in a sum not more than Five Hundred Dollars ($ 500.00); and, unless such fine and costs be immediately paid, shall be imprisoned for any period not + See moremore than ninety (90) days
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Incarceration | Misdemeanor | Yes |
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Mississippi | Miss. Code Ann. §97-33-11 | Miss. Code Ann. §97-33-11 |
shall be fined in a sum not more than five hundred dollars; and unless such fine and costs be immediately paid, shall be imprisoned in the county jail for not + See moreless than five nor more than twenty days
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Incarceration | Misdemeanor | Yes |
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Mississippi | Miss. Code Ann. §97-35-41 | Miss. Code Ann. §97-35-41 | in addition to being committed to jail is herein provided, such person shall also pay all costs, and shall stand committed until same is paid | Incarceration | Misdemeanor | Yes |
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Mississippi | Miss. Code Ann. §47-7-49 (2) | Miss. Code Ann. §47-7-49 (2) |
The offender may be imprisoned until the payments are made if the offender is financially able to make the payments and the court in the county where the offender resides + See moreso finds
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Incarceration | Misdemeanor | No |
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