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 (2)
- Alaska (2)
- Arizona (1)
- Arkansas (3)
- California (2)
- Colorado (2)
- Connecticut (3)
- Delaware (4)
- Florida (11)
- Georgia (1)
- Hawaii (2)
- Idaho (2)
- Illinois (1)
- Indiana (2)
- Iowa (3)
- Kansas (2)
- Kentucky (2)
- Louisiana (6)
- Maine (8)
- Maryland (1)
- Massachusetts (13)
- Michigan (12)
- Minnesota (1)
- Mississippi (7)
- Missouri (6)
- Montana (5)
- Nebraska (4)
- Nevada (4)
- New Hampshire (5)
- New Jersey (5)
- New Mexico (5)
- New York (3)
- North Carolina (5)
- North Dakota (5)
- Ohio (1)
- Oklahoma (4)
- Oregon (2)
- Pennsylvania (8)
- Rhode Island (2)
- South Carolina (5)
- South Dakota (6)
- Tennessee (2)
- Texas (3)
- Utah (4)
- Vermont (2)
- (-) Virginia (4)
- Washington (10)
- Washington DC (3)
- West Virginia (3)
- Wisconsin (2)
- Wyoming (7)
Keyword search
Reset
Reset all filtersType of poverty penalty or poverty trap
- Civil judgment (0)
- Collection fee/interest (3)
- Community service (2)
- Condition or extension of supervision (2)
- Driver's license suspension/impoundment (2)
- Extension of probation/supervision (0)
- (-) Incarceration (4)
- Increased fine (2)
- Other (0)
- Payment plan/installment plan (2)
- Property liens (3)
- Wage/bank account garnishment (10)
- Work program/jail industry program (0)
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.
4 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
Virginia | Va. Code Ann. § 19.2-358(B) | Incarceration for Default |
A. When an individual obligated to pay a fine, costs, forfeiture, restitution or penalty defaults in the payment or any installment payment, the court upon the motion of the Commonwealth + See morein the case of a conviction of a violation of a state law, or attorney for a locality or for the Commonwealth in the event of a conviction of a violation of a local law or ordinance, or upon its own motion, may require him to show cause why he should not be confined in jail or fined for nonpayment. A show cause proceeding shall not be required prior to issuance of a capias if an order to appear on a date certain in the event of nonpayment was issued pursuant to subsection A of § 19.2-354 and the defendant failed to appear. B. Following the order to show cause or following a capias issued for a defendant's failure to comply with a court order to appear issued pursuant to subsection A of § 19.2-354, unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant confined as for a contempt for a term not to exceed sixty days
|
Incarceration | All | No |
|
Add to Dashboard
|
Virginia | Va. Code Ann. § 19.2-340 | presentment, indictment, information or warrant in recovery of fine |
When any statute or ordinance prescribes a fine, unless it is otherwise expressly provided or would be inconsistent with the manifest intention of the General Assembly, it shall be paid + See moreto the Commonwealth if prescribed by a statute and recoverable by presentment, indictment, information or warrant and paid to the locality if prescribed by an ordinance and recoverable by warrant. Fines imposed and costs taxed in a criminal or traffic prosecution, including a prosecution for a violation of an ordinance adopted pursuant to § 46.2-1220, for committing an offense shall constitute a judgment and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment, subject to the period of limitations provided by § 19.2-341.
|
Incarceration | All | Yes |
|
Add to Dashboard
|
Virginia | Va. Code Ann. § 19.2-341 | warrant, presentment, indictment, or information in recovery of other costs |
When any statute or ordinance prescribes a monetary penalty other than a fine, unless it is otherwise expressly provided or would be inconsistent with the manifest intention of the General + See moreAssembly, it shall be paid to the Commonwealth if prescribed by a statute and paid to the locality if prescribed by an ordinance and recoverable by warrant, presentment, indictment, or information. Penalties imposed and costs taxed in any such proceeding shall constitute a judgment and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment.
|
Incarceration | All | Yes |
|
Add to Dashboard
|
Virginia | Va. Code Ann. § 16.1-69.24 | Contempt incarceration |
A judge of a district court shall have the same powers and jurisdiction as a judge of a circuit court to punish summarily for contempt, but in no case shall + See morethe...imprisonment exceed ten days for the same contempt.
|
Incarceration | All | No |
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.