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.
Every law can be saved to the Reform Builder
See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
State
- Alabama (6)
- Alaska (12)
- Arizona (16)
- Arkansas (21)
- California (7)
- Colorado (17)
- Connecticut (18)
- Delaware (15)
- Florida (80)
- Georgia (9)
- Hawaii (9)
- Idaho (11)
- Illinois (10)
- Indiana (7)
- Iowa (11)
- (-) Kansas (12)
- Kentucky (12)
- Louisiana (18)
- Maine (21)
- Maryland (10)
- Massachusetts (16)
- Michigan (25)
- Minnesota (6)
- Mississippi (9)
- Missouri (21)
- Montana (17)
- Nebraska (8)
- Nevada (14)
- New Hampshire (16)
- New Jersey (20)
- New Mexico (13)
- New York (15)
- North Carolina (12)
- North Dakota (21)
- Ohio (29)
- Oklahoma (13)
- Oregon (16)
- Pennsylvania (16)
- Rhode Island (7)
- South Carolina (33)
- (-) South Dakota (14)
- Tennessee (16)
- Texas (29)
- (-) Utah (19)
- Vermont (7)
- Virginia (29)
- Washington (30)
- Washington DC (5)
- West Virginia (10)
- Wisconsin (9)
- (-) Wyoming (21)
Keyword search
Reset
Reset all filtersType of poverty penalty or poverty trap
- Civil judgment (1)
- Collection fee/interest (1)
- Community service (2)
- Condition or extension of supervision (13)
- Driver's license suspension/impoundment (9)
- Extension of probation/supervision (1)
- Incarceration (19)
- Increased fine (1)
- Other (0)
- Payment plan/installment plan (12)
- Property liens (9)
- Wage/bank account garnishment (7)
- Work program/jail industry program (3)
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.
66 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
Kansas | Kan. Stat. Ann. § 8-1567 | Driving a commercial motor vehicle under the influence; penalties |
In lieu of payment of a fine imposed pursuant to this section, the court may order that the person perform community service specified by the court. The person shall receive + See morea credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed not later than one year after the fine is imposed or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date.
|
Community service | All | No |
|
Add to Dashboard
|
Kansas | Kan. Stat. Ann. § 21-6604(q) | Authorized dispositions; crimes committed on or after July 1, 1993 |
In imposing a fine, the court may authorize the payment thereof in installments. In lieu of payment of any fine imposed, the court may order that the person perform community + See moreservice specified by the court. The person shall receive a credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed by the later of one year after the fine is imposed or one year after release from imprisonment or jail, or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance shall become due on that date. If conditional reduction of any fine is rescinded by the court for any reason, then pursuant to the court's order the person may be ordered to perform community service by one year after the date of such rescission or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date. All credits for community service shall be subject to review and approval by the court.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Kansas | Kan. Stat. Ann. § 21-6607(b)(11) | Conditions of probation or suspended sentence; correctional supervision fee; correctional supervision fund; searches; drug testing; written reports |
The court may impose any conditions of probation, suspension of sentence or assignment to a community correctional services program that the court deems proper, including, but not limited to, requiring + See morethat the defendant: (11) perform services under a system of day fines whereby the defendant is required to satisfy fines, costs or reparation or restitution obligations by performing services for a period of days, determined by the court on the basis of ability to pay, standard of living, support obligations and other factors;
|
Condition or extension of supervision | All | No |
|
Add to Dashboard
|
Kansas | Kan. Stat. Ann. § 21-6607(b)(7) | Conditions of probation or suspended sentence; correctional supervision fee; correctional supervision fund; searches; drug testing; written reports |
The court may impose any conditions of probation, suspension of sentence or assignment to a community correctional services program that the court deems proper, including, but not limited to, requiring + See morethat the defendant: (7) pay a fine or costs, applicable to the offense, in one or several sums and in the manner as directed by the court;
|
Condition or extension of supervision | All | No |
|
Add to Dashboard
|
Kansas | Kan. Stat. Ann. § 22-3425(1) | Commitment for failure to pay fine and costs |
(1) When a defendant is adjudged to pay a fine and costs, the court may order him to be committed to the county jail until such fine and costs are + See morepaid or may make an order providing for the payment of such fines and costs in installments.
|
Incarceration | All | No |
|
Add to Dashboard
|
Kansas | K.S.A. Const. Bill of Rights § 16 | Imprisonment for debt | No person shall be imprisoned for debt, except in cases of fraud. | Incarceration | All | Yes |
|
Add to Dashboard
|
Kansas | Kan. Stat. Ann. § 22-3425(2) | Commitment for failure to pay fine and costs |
Any person confined in the county jail for failure to pay a fine or costs may be released by the court which imposed sentence, upon satisfactory proof that such person + See moreis unable to pay such fine and costs. A release under this section shall not discharge a person from his liability to pay the fine and costs adjudged against him, but they may thereafter be collected by execution as on judgments in civil cases.
|
Payment plan/installment plan | All | No |
|
Add to Dashboard
|
Kansas | Kan. Stat. Ann. § 21-6604(b)(1)(2) | Authorized dispositions; crimes committed on or after July 1, 1993 |
If the court orders restitution, the restitution shall be a judgment against the defendant which may be collected by the court by garnishment or other execution as on judgments in + See morecivil cases. If, after 60 days from the date restitution is ordered by the court, a defendant is found to be in noncompliance with the plan established by the court for payment of restitution, and the victim to whom restitution is ordered paid has not initiated proceedings in accordance with K.S.A. 60-4301 et seq., and amendments thereto, the court shall assign an agent procured by the attorney general pursuant to K.S.A. 75-719, and amendments thereto, to collect the restitution on behalf of the victim. The chief judge of each judicial district may assign such cases to an appropriate division of the court for the conduct of civil collection proceedings.
|
Wage/bank account garnishment | All | No |
|
Add to Dashboard
|
Kansas | Kan. Stat. Ann. § 21-6604(j) | Authorized dispositions; crimes committed on or after July 1, 1993 |
(j) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a + See moreperson from office or impose any other civil penalty as a result of conviction of crime.
|
Driver's license suspension/impoundment | All | No |
|
Add to Dashboard
|
Kansas | Kan. Stat. Ann. § 21-6604(j) | Authorized dispositions; crimes committed on or after July 1, 1993 |
(j) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a + See moreperson from office or impose any other civil penalty as a result of conviction of crime.
|
Driver's license suspension/impoundment | All | No |
|
Add to Dashboard
|
Kansas | Kan. Stat. Ann. § 21-6604(f)(1) | Authorized dispositions; crimes committed on or after July 1, 1993 |
(j) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a + See moreperson from office or impose any other civil penalty as a result of conviction of crime.
|
Property liens | All | No |
|
Add to Dashboard
|
Kansas | Kan. Stat. Ann. § 21-6604(j) | Authorized dispositions; crimes committed on or after July 1, 1994 |
(f)(1) When a new felony is committed while the offender is incarcerated and serving a sentence for a felony, or while the offender is on probation, assignment to a community + See morecorrectional services program, parole, conditional release or postrelease supervision for a felony, a new sentence shall be imposed consecutively pursuant to the provisions of K.S.A. 21-6606, and amendments thereto, and the court may sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure.
|
Condition or extension of supervision | All | No |
|
Add to Dashboard
|
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 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
|
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 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
|
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 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
|
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 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
|
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, 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 |
|
Add to Dashboard
|
South Dakota | S.D. Codified Laws § 23A-40-11 | Lien for cost of provision of counsel — Limitation |
A lien, enforceable as provided by this chapter, upon all the property, both real and personal, of any person, including the parents of a minor child, for whom legal counsel or a public defender has been appointed under the provisions of § 23A-40-6, subdivisions 23A-40-7(2) and (3), or § 26-7A-31 may be filed. The services rendered and expenses incurred are a claim against the person and that person's estate, enforceable according to law in an amount to be determined by a judge of the circuit court or a magistrate judge and paid by the county or municipality chargeable for them. A lien on the parents of a minor child pursuant to this section may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs.
|
Property liens | All | No |
|
Add to Dashboard
|
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 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
|
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 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 |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.