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
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Indiana Burns Ind. Code Ann. § 33-37-5-22 (b) Applicability — Late Payment Fee — Requirement to Pay — Defendant Not Indigent

A court may adopt a local rule to impose a late payment fee under this section on defendants described in subsection (a).

Increased fine All No
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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

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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.

Incarceration, Wage/bank account garnishment All No
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Indiana Ind. Code § 35-38-2-1.7 (d) Payment of Probation User’s Fee — Lien — Garnishment

If a court orders a person to pay a probation user's fee under section 1 or 1.5 of this chapter, the court may garnish the wages, salary, and other income

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earned by the person to enforce the order.

Wage/bank account garnishment All No
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Indiana Ind. Code § 33-37-4-10 Itemized Fee Bills — Duty of Sheriff to Collect

(a) Not later than seventy-five (75) days after judgment is entered in an action, the clerk shall issue an itemized fee bill for the collection of fees that were charged

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against the party in that action and that remain unpaid. The clerk shall present the fee bill for collection to the sheriff of a county in which the debtor party resides or in which the debtor party has property.(b) The sheriff shall do the following: (1) Collect the amount due under the fee bill. (2) Return the fee bill to the clerk not more than sixty (60) days after the day the fee bill was issued. (c) After presented to the sheriff, a fee bill has the effect of an execution and operates as a lien upon the real and personal property of the debtor. (d) A successor of an officer may issue fee bills for the fees of the officer's predecessors in office in the manner provided under this chapter. A clerk may issue the fee bills of the sheriff or the former sheriffs of the county in the same manner.

Property liens All Yes
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Indiana Burns Ind. Code Ann. § 9-30-11-3 Notice to Three - Time Violator

If it appears from the records of a court that has jurisdiction to enforce ordinances that regulate parking violations that three (3) judgments concerning a motor vehicle have not been

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paid before the deadlines established by a statute, an ordinance, or a court order, the clerk of the court shall send a notice to the person who is the registered owner of the motor vehicle. The notice must inform the person of the following:(1) That the clerk will send a referral to the bureau if the judgments are not paid within thirty (30) days after a notice was mailed. (2) That the referral will result in the suspension of the motor vehicle's registration if the judgments are not paid.

Driver's license suspension/impoundment Traffic Yes
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Indiana Burns Ind. Code Ann. § 35-50-5-3 (b); (h) Restitution Orders

(b) A restitution order under subsection (a), (i), (j), (l), or (m), is a judgment lien that:(1) attaches to the property of the person subject to the order; (2) may

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be perfected; (3) may be enforced to satisfy any payment that is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and (4) expires; in the same manner as a judgment lien created in a civil proceeding ... (h) The attorney general may pursue restitution ordered by the court under subsections (a) and (c) on behalf of the victim services division of the Indiana criminal justice institute established under IC 5-2-6-8.

Civil judgment, Property liens All No
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Indiana Burns Ind. Code Ann. § 35-33-8-3.3 (h) - (m) Pretrial Services Fees

(i) A probation department or pretrial services agency may petition a court to: (1) impose a pretrial services fee on a defendant; or (2) increase a defendant’s pretrial services fee; if the financial

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ability of the defendant to pay a pretrial services fee changes while the defendant is on bail and supervised by a probation officer or pretrial services agency.   (j) An order to pay a pretrial services fee under this section: (1) is a judgment lien that, upon the defendant’s conviction (A) attaches to the property of the defendant; (B) may be perfected; (C) may be enforced to satisfy any payment that is delinquent under this section; and (D) expires; in the same manner as a judgment lien created in a civil proceeding; (2) is not discharged by the disposition of charges against the defendant or by the completion of a sentence, if any, imposed on the defendant; (3) is not discharged by the liquidation of a defendant’s estate by a receiver under IC 32-30-5; and (4) is immediately terminated if a defendant is acquitted or if charges against the defendant are dropped.    (k) If a court orders a defendant to pay a pretrial services fee, the court may, upon the defendant’s conviction, enforce the order by garnishing the wages, salary, and other income earned by the defendant.   (l) In addition to other methods of payment allowed by law, a probation department or pretrial services agency may accept payment of a pretrial services fee by credit card (as defined in IC 14-11-1-7(a)). The liability for payment is not discharged until the probation department or pretrial services agency receives payment or credit from the institution responsible for making the payment or credit.   (m) The probation department or pretrial services agency may contract with a bank or credit card vendor for acceptance of a bank or credit card. However, if there is a vendor transaction charge or discount fee, whether billed to the probation department or pretrial services agency, or charged directly to the account of the probation department or pretrial services agency, the probation department or pretrial services agency may collect a credit card service fee from the person using the bank or credit card. The fee collected under this subsection is a permitted additional charge to the fee or fees the defendant may be required to pay under subsection (e).

Collection fee/interest, Increased fine, Property liens, 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,

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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.

Civil judgment, Community service, Incarceration All No
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Oklahoma Okla. Stat. tit. 22, § 1355.14D Payment of costs of representation--Fee schedule
Any order directing the defendant to pay costs of representation shall be a lien against all real and personal property of the defendant and may be filed against such property
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and foreclosed as provided by law for civil liens.
Property liens All Yes
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Oklahoma Okla. Stat. tit. 22, § 1355.14A Payment of costs of representation--Fee schedule
At the time of pronouncing the judgment and sentence or other final order, the court shall order any person represented by an attorney employed by the Oklahoma Indigent Defense System
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or a defense attorney who contracts or volunteers to represent indigents pursuant to the provisions of the Indigent Defense Act to pay the costs for representation in total or in installments and, in the case of installment payments, set the amount and due date of each installment.
Payment plan/installment plan All No
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Oklahoma Okla. Stat. tit. 10A, § 1-4-701B Reimbursements and costs by parents able to pay
The court may order the terms and conditions of the payment of costs and expenses described in subsection A of this section. When any parent is financially able but has
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willfully failed to pay the costs and reimbursements as ordered by the court pursuant to this section, the parent may be held in indirect contempt of court and, upon conviction, shall be punished pursuant to Section 566 of Title 21 of the Oklahoma Statutes.
Increased fine All No
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Oklahoma Okla. Stat. tit. 22, § 979a Payment of jail costs by inmate
The sheriff, municipality or other public entity responsible for the operation of the jail may collect costs of incarceration ordered by the court from the jail account of the inmate.
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If the funds collected from the jail account of the inmate are insufficient to satisfy the actual incarceration costs ordered by the court, the sheriff, municipality or other public entity responsible for the operation of the jail is authorized to collect the remaining balance of the incarceration costs by civil action.
Wage/bank account garnishment All No
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Oklahoma 22 Okl.St.Ann. § 456A Bench warrant, fee for issuance of
For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge
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and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Collection fee/interest All Yes
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Oklahoma 22 Okl.St.Ann. § 966A Bench warrant, fee for issuance of
For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge
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and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Collection fee/interest All Yes
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Oklahoma 22 Okl.St.Ann. § 983A Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments
Any defendant found guilty of an offense in any court of this state may be imprisoned for nonpayment of the fine, cost, fee, or assessment when the trial court finds
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after notice and hearing that the defendant is financially able but refuses or neglects to pay the fine, cost, fee, or assessment. A sentence to pay a fine, cost, fee, or assessment may be converted into a jail sentence only after a hearing and a judicial determination, memorialized of record, that the defendant is able to satisfy the fine, cost, fee, or assessment by payment, but refuses or neglects so to do.
Incarceration All No
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Oklahoma 22 Okl.St.Ann. § 983B Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments
After a judicial determination that the defendant is able to pay the fine, cost, fee, or assessment in installments, the court may order the fine, cost, fee, or assessment to
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be paid in installments and shall set the amount and date for each installment.
Payment plan/installment plan All No
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Oklahoma 22 Okl.St.Ann. § 983C Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments
In addition, the district court or municipal court, within one hundred twenty (120) days from the date upon which the person was originally ordered to make payment, may send notice
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of nonpayment of any court ordered fine and costs for a moving traffic violation to the Department of Public Safety with a recommendation of suspension of driving privileges of the defendant until the total amount of any fine and costs has been paid. Upon receipt of payment of the total amount of the fine and costs for the moving traffic violation, the court shall send notice thereof to the Department, if a nonpayment notice was sent as provided for in this subsection. Notices sent to the Department shall be on forms or by a method approved by the Department.
Driver's license suspension/impoundment Traffic No
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Oklahoma 11 Okl.St.Ann. § 14-111 Enforcement and penalties for violation of municipal ordinances
The governing body may provide that any person fined for violation of a municipal ordinance who is financially able but refuses or neglects to pay the fine or costs may
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be compelled to satisfy the amount owed by working on the streets, alleys, avenues, areas, and public grounds of the municipality, subject to the direction of the street commissioner or other proper officer, at a rate per day as the governing body may prescribe by ordinance, but not less than Fifty Dollars ($50.00) per day for useful labor, until the fine or costs are satisfied.
Work program/jail industry program Misdemeanor No
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Oklahoma 28 Okl.St.Ann. § 101 Fees and costs in criminal cases part of penalty--Enforcement by imprisonment--Persons unable to pay
The fees herein provided for the clerk of the district court and the sheriff, as provided in this act, and all costs in the prosecution of all criminal actions shall,
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in case of conviction of the defendant, be adjudged a part of the penalty of the offense of which the defendant may be convicted, whether the punishment for such offense be either imprisonment, or fine, or both, and fixed either by the verdict of the jury, or judgment of the court, trying the case, and if the defendant shall refuse to pay the fine, fees or costs, the payment of such fees and costs, in addition to the payment of the fine assessed, shall be enforced by imprisonment until the same shall be satisfied at a rate of Twenty-five Dollars ($25.00) per day of such fees and costs, or fine, or both, or shall be satisfied at a rate of Fifty Dollars ($50.00) per day of such fees and costs, or fine, or both, should the defendant perform useful labor. If the defendant is without means to pay the fine, fees or costs, the total amount owed shall be entered upon the judgment docket and thereupon the same remedies shall be available for the enforcement of said judgment as are available to any other judgment creditor.The term “all costs in the prosecution of all criminal actions”, as used in this section, shall include only the following taxable items: 1. Court clerk's costs and fees authorized by statute; 2. Sheriff's fees; 3. Fees and mileage of witnesses; and 4. Cost deposits in the appellate court, whether on appeal, in an original proceeding or in any postconviction challenge, if waived on the basis of a pauper's affidavit.
Incarceration All Yes
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Oklahoma 11 Okl.St.Ann. § 28-124 Imprisonment for nonpayment of fine and costs--Persons unable to pay
Any person who shall be convicted in the municipal criminal court of record of a violation of any ordinance of the city and sentenced to pay a fine and costs,
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who is financially able but refuses or neglects to pay such fine and costs, shall be imprisoned in the jail, farm or workhouse of the city, in the discretion of the court, for one (1) day for each Twenty-five Dollars ($25.00) of the fine and cost assessed or one (1) day for each Fifty Dollars ($50.00) of the fine and cost assessed if the person performs useful labor. If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court in the county where the situs of the municipal government is located where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. Thereupon, the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.
Work program/jail industry program Misdemeanor No