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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	Iowa	Iowa Code § 909.5	Nonpayment of fines and court costs — contempt	A person who is able to pay a fine, court-imposed court costs for a criminal proceeding, or both, or an installment of the fine or the court-imposed court costs, or + See more both, and who refuses to do so, or who fails to make a good faith effort to pay the fine, court costs, or both, or any installment thereof, shall be held in contempt of court.	Incarceration	All	Yes
Add to Dashboard + Create New	Iowa	Iowa Code § 665.4	Contempts: Punishment	The punishment for contempt, where not otherwise specifically provided, shall be: 1. In the supreme court or the court of appeals, by a fine not exceeding one thousand dollars or by + See more imprisonment in a county jail not exceeding six months, or by both such fine and imprisonment. 2. Before district judges, district associate judges, and associate juvenile judges by a fine not exceeding five hundred dollars or imprisonment in a county jail not exceeding six months or by both such fine and imprisonment. 3. Before judicial magistrates, by a fine not exceeding one hundred dollars or imprisonment in a county jail not exceeding thirty days.	Increased fine	All	Yes
Add to Dashboard + Create New	Iowa	Iowa Code § 665.5	Contempts: Imprisonment	If the contempt consists in an omission to perform an act which is yet in the power of the person to perform, the person may be imprisoned until the person + See more performs it. In that case the act to be performed must be specified in the warrant of the commitment.	Incarceration	All	No
Add to Dashboard + Create New	Iowa	Iowa Code § 8A.504(d)(3),(2)	Setoff Procedures	d. “Qualifying debt” includes, but is not limited to, the following: (3) Any debt which is in the form of a liquidated sum due, owing, and payable to the clerk of + See more the district court. 2. Setoff procedure. The collection entity shall establish and maintain a procedure to set off against any claim owed to a person by a public agency any liability of that person owed to a public agency, a support debt being enforced by the child support recovery unit pursuant to chapter 252B, or such other qualifying debt.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Iowa	Iowa Code § 910.4(1)(a)-(b)	Condition of probation — payment plan	1. When restitution is ordered by the sentencing court and the offender is placed on probation, restitution shall be a condition of probation. a. Failure of the offender to comply with + See more the plan of restitution, plan of payment, or community service requirements when community service is ordered by the court as restitution, shall constitute a violation of probation and shall constitute contempt of court. b. If an offender fails to comply with restitution requirements during probation, the court may hold the offender in contempt, revoke probation, or extend the period of probation.	Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	Iowa	Iowa Code § 910.5(4)(b)	Condition of work release or parole	If an offender is to be placed on parole, restitution shall be a condition of parole. b. After the expiration of the offender’s sentence, the failure of an offender to comply with + See more the plan of restitution ordered by the court shall constitute contempt of court.	Incarceration	All	Yes
Add to Dashboard + Create New	Iowa	Iowa Code § 910.7A	Judgment — enforcement.	1. An order requiring an offender to pay restitution constitutes a judgment and lien against all property of a liable defendant for the amount the defendant is obligated to pay + See more under the order and may be recorded in any office for the filing of liens against real or personal property. 2. A judgment of restitution may be enforced by the state, a victim entitled under the order to receive restitution, a deceased victim’s estate, or any other beneficiary of the judgment in the same manner as a civil judgment.	Property liens	All	Yes
Add to Dashboard + Create New	Iowa	Iowa Code § 909.3A	Community service option	The court may, in its discretion, order the defendant to perform community service work of an equivalent value to the fine imposed where it appears that the community service work + See more will be adequate to deter the defendant and to discourage others from similar criminal activity. The rate at which community service shall be calculated shall be the federal or state minimum wage, whichever is higher.	Community service	All	No
Add to Dashboard + Create New	Iowa	Iowa Code Ann. § 910.4(1)	Condition of probation--payment plan	1. When restitution is ordered by the sentencing court and the offender is placed on probation, restitution shall be a condition of probation. a. Failure of the offender to comply with the plan + See more of restitution, plan of payment, or community service requirements when community service is ordered by the court as restitution, shall constitute a violation of probation and shall constitute contempt of court. b. If an offender fails to comply with restitution requirements during probation, the court may hold the offender in contempt, revoke probation, or extend the period of probation.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Iowa	Iowa Code § 815.9(7)-(8)	Indigency determined — penalty	7. When ordering payment of all or a portion of the total costs and fees incurred for legal assistance under subsection 6, the court may order payment of the costs and + See more fees in reasonable installments as provided in section 909.3, or may order the entire amount due and payable. If any costs and fees are not paid at the time specified in the order of the court, a judgment shall be entered against the person for any unpaid amount. Such judgment may be enforced by the state in the same manner as a civil judgment. 8. If a person is granted an appointed attorney or has received legal assistance in accordance with this section and the person is employed, the person shall execute an assignment of wages. An order for assignment of income, in a reasonable amount to be determined by the court, shall be entered by the court. The state public defender shall prescribe forms for use in wage assignments and court orders entered under this subsection.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Iowa	Iowa Code § 909.3	Criminal Corrections - Fines: Payment in installments	1. All fines imposed by the court shall be paid on the day the fine is imposed, and the person shall be instructed to pay such fines with the office of + See more the clerk of the district court on the date of imposition. 2. a. The court may, in its discretion, order a fine to be paid in installments.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	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 more set out.	Incarceration	All	No
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 99-19-20 (1)	Fines; payment; indigent defendants; inability to work or unavailability of work	When any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments + See more to the clerk of said court or to the judge, if there be no clerk, or (c) that payment of the fine be a condition of probation, or (d) that the defendant be required to work on public property for public benefit under the direction of the sheriff for a specific number of hours, or (e) any combination of the above.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 99-19-20 (1)	Fines; payment; indigent defendants; inability to work or unavailability of work	When any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments + See more to the clerk of said court or to the judge, if there be no clerk, or (c) that payment of the fine be a condition of probation, or (d) that the defendant be required to work on public property for public benefit under the direction of the sheriff for a specific number of hours, or (e) any combination of the above.	Work program/jail industry program	All	No
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 99-37-5(1)	Payment and orders	When a defendant is sentenced to pay a fine or costs or ordered to make restitution, the court may order payment to be made forthwith or within a specified period + See more of time or in specified installments. If a defendant is sentenced to a term of imprisonment, an order of payment of a fine, costs or restitution shall not be enforceable during the period of imprisonment unless the court expressly finds that the defendant has assets to pay all or part of the amounts ordered at the time of sentencing.	Payment plan/installment plan	All	No
Add to Dashboard + Create New	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 more court 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.	Incarceration	All	No
Add to Dashboard + Create New	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 more court 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.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	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 more make 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.	Incarceration	All	No
Add to Dashboard + Create New	Mississippi	Miss. Code. Ann. § 63-1-51	Grounds for revocation or suspension	It shall be the duty of the court clerk, upon conviction of any person holding a license issued pursuant to this article where the penalty for a traffic violation is + See more as much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety. The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person's convictions of any of the following offenses when such conviction has become final: . . . (f) Contempt for failure to pay a fine or fee or to respond to a summons or citation pursuant to a charge of a violation of this title.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	Mississippi	Miss. Code. Ann. § 47-1-3	Working out fine, costs, sentence	It is the imperative duty of the board of supervisors in each county in this state to require each convict sentenced to imprisonment in the county jail and the payment + See more of a fine and costs, or to imprisonment and payment of costs, or to payment of fine and costs, to work out the sentence on the county convict farm or on the public roads or other public works of the county, or in a contiguous county, as herein provided. But any convict who is sentenced to the payment of a fine and costs and who pays such fine and costs shall thereby be relieved from working out such fine and costs, but the payment in full of such fine and costs shall not relieve such convict from working out the full time of his imprisonment as adjudged in his sentence.	Work program/jail industry program	All	Yes

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