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

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	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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more earned by the person to enforce the order.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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 + See more 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
Add to Dashboard + Create New	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, + See more 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
Add to Dashboard + Create New	Rhode Island	R.I. Gen. Laws. Ann. § 12-19-31	Commitment for nonpayment of fines and costs	Whenever any person shall be committed for nonpayment of fines and costs, the sheriffs of the several counties and their deputies, and the town sergeants and town constables of any + See more town in the several counties, upon due warrant from the court before whom the person has been convicted, may lawfully remove and commit the persons to the adult correctional institutions and they shall be allowed any fees that are now provided by law in similar cases; provided, that in the counties of Newport and Washington, any person before removal from the county of Newport or the county of Washington, in which sentence is entered, may pay the fine and costs into the court or into the office of the clerk of the court in which sentence is imposed and upon payment shall be discharged.	Incarceration	All	No
Add to Dashboard + Create New	Rhode Island	R.I. Gen. Laws. Ann. § 12-21-9	Commitment for failure to obey judgment or sentence	If any person against whom sentence is passed or judgment rendered, under any penal statute, shall refuse or neglect to perform the sentence or to pay the judgment, he or + See more she shall, by order of the court passing the sentence or by the officer charged with the execution issued on the judgment, be committed to the adult correctional institutions, and be imprisoned there until the sentence is performed or he or she is discharged by due course of law.	Incarceration	All	No
Add to Dashboard + Create New	Rhode Island	R.I. Gen. Laws. Ann. § 12-21-1(1)	Methods of recovering fines and forfeitures	Unless otherwise specially provided: (1) All fines of five hundred dollars ($ 500) and under shall be recovered by complaint and summons; (2) All fines of upwards of five hundred dollars ($ 500), by + See more indictment or information; (3) All penalties and pecuniary forfeitures, by action of debt; and (4) All forfeitures of personal property, by complaint and warrant or by information.	Civil judgment, Other	All	Yes
Add to Dashboard + Create New	Rhode Island	R.I. Gen. Laws. Ann. § 12-21-33	Suspension of operators' license for failure to pay costs, fines, fees, or assessments	A judge of the superior or district court or the traffic tribunal may order the suspension of a person's license issued pursuant to chapter 10 of title 31 if the + See more person fails to pay court ordered costs, fines, fees, restitution or assessments within the time period provided for in an order of the court. The judge may order the suspension to be effective until the person complies with the court order.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	Rhode Island	R.I. Gen. Laws. Ann. § 12-25-26	Recovery of victim compensation from offender	Whenever any person is convicted of an offense and compensation is awarded under this chapter or under the 1972 Act for a personal injury or death resulting from the act + See more constituting the offense, the state of Rhode Island shall institute an action against that person for the recovery of the whole or any specified part of the compensation in the superior court of the state of Rhode Island in any county, or in the state or federal court of any other state or district in which that person resides or is found, or make a finding in writing, of the reasons why it is impractical or impossible to institute that action. The office shall pursue the recovery whenever possible in order to provide additional funds for the violent crimes indemnity account. The administrator shall develop rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, to identify those so convicted, determine their ability to compensate the fund, and file whatever action is appropriate to recoup those funds.	Civil judgment, Other	All	Yes
Add to Dashboard + Create New	Rhode Island	R.I. Gen. Laws. Ann. § 12-19-8.1	Conditions of probation	(a) The following shall constitute basic conditions of probation applicable to all defendants upon whom a period of probation has been imposed: (8) Pay restitution, court costs, and fines, if + See more assessed, in one or several sums, based on the defendant's ability to pay; and	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Rhode Island	R.I. Gen. Laws. Ann. § 12-25-26	Recovery from offender	(a) Whenever any person is convicted of an offense and compensation is awarded under this chapter or under the 1972 Act for a personal injury or death resulting from the + See more act constituting the offense, the state of Rhode Island shall institute an action against that person for the recovery of the whole or any specified part of the compensation in the superior court of the state of Rhode Island in any county, or in the state or federal court of any other state or district in which that person resides or is found, or make a finding in writing, of the reasons why it is impractical or impossible to institute that action. The office shall pursue the recovery whenever possible in order to provide additional funds for the violent crimes indemnity account. The administrator shall develop rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, to identify those so convicted, determine their ability to compensate the fund, and file whatever action is appropriate to recoup those funds.	Civil judgment	All	No
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 § 32-23-4.10	Costs payable to county--Nonpayment punishable by contempt.	In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime for a violation of § 32-23-1 to remit + See more costs in the amount of fifty dollars to the clerk of courts. The clerk of courts shall forward any amount collected pursuant to this section to the county treasurer for deposit in the county general fund. Failure to remit the amount to the clerk of courts in the time specified by the court is punishable by contempt proceedings.	Incarceration	All	Yes
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 23A-47-6	Failure to comply with plan of restitution or of financial obligation constitutes violation of conditions — Modification of plan — Contempt	Failure of any individual in this system to comply with the plan of restitution or plan for financial obligations as approved or modified by the court constitutes a violation of + See more the conditions within this system. Without limitation, the court may modify the plan of restitution or financial obligation, extend the period of time for restitution or financial obligation, or continue the individual in the administrative financial accountability system. If the individual fails to make payment as ordered by the court, the individual may be held in contempt of the court’s order.	Incarceration	All	No
Add to Dashboard + Create New	South Dakota	S.D. Codified Laws § 23A-40-10	Funds of defendant — Order for reimbursement — Applicability — Credit against lien	If the court finds that funds are available for payment from or on behalf of a defendant to carry out, in whole or in part, the provisions of this chapter, + See more the court may order that the funds be paid, as court costs or as a condition of probation, to the court for deposit with the county or municipal treasurer, to be placed in the county or municipal general fund or in the public defender fund in those counties establishing the office pursuant to subdivision 23A-40-7(1) as a reimbursement to the county or municipality to carry out the provisions of this section. The court may also order payment to be made in the form of installments or wage assignments, in amounts set by a judge of the circuit court or a magistrate judge, either during the time a charge is pending or after the disposition of the charge, regardless of whether the defendant has been acquitted or the case has been dismissed by the prosecution or by order of the court. The provisions of this section also apply to persons who have had counsel appointed under chapters 26-7A, 26-8A, 26-8B, and 26-8C. The reimbursement is a credit against any lien created by the provisions of this chapter against the property of the defendant.	Payment plan/installment plan, Wage/bank account garnishment	All	No

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