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

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.

447 Results

Export results to Excel

State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Type of financial obligation Type of court Level of offense Mandatory
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maine Me. Rev. Stat. tit 17-A §1204(5) Refusal of permission to leave jurisdiction
When a person fails to pay an imposed fee, the department may refuse to process the application or may withdraw permission to leave if the failure to pay is attributable
+ See more
to the person's willful refusal to pay or to a failure on the person's part to make a good faith effort to obtain the funds required for the payment.
Condition or extension of supervision Supervision fee State Felony No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maine Me. Rev. Stat. tit 17-A §1349-C(1) Revocation of Administrative leave
In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. When a
+ See more
person fails to pay the administrative supervision fee, the court may revoke administrative release as provided in sections 1349-D and 1349-E unless the person shows that failure to pay was not attributable to a willful refusal to pay or to a failure on that person's part to make a good faith effort to obtain the funds required for the payment.
Incarceration Supervision fee State All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Montana Mont. Code Ann. § 46-18-244(3)(a) Type and time of payment--defenses--ensuring payment
In addition to other methods of payment, the court may order one or more of the following in order to satisfy the offender's restitution obligation: (a) forfeiture and sale of
+ See more
the offender's assets under the provisions of Title 25, chapter 13, part 7, unless the court finds, after notice and an opportunity for the offender to be heard, that the assets are reasonably necessary for the offender to sustain a living or support the offender's dependents or unless the state determines that the cost of forfeiture and sale would outweigh the amount available to the victim after sale. If the proceeds of sale exceed the amount of restitution ordered and the costs of forfeiture and sale, any remaining amount must be returned to the offender
Property liens All All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Montana Mont. Code Ann. § 46-18-244(6) Type and time of payment--defenses--ensuring payment
For a felony offense: (a) during any period that the offender is incarcerated, the department of corrections shall take a percentage, as set by department rule, of any money in
+ See more
any account of the defendant administered by the department and use the money to satisfy any existing restitution obligation; (b) at the beginning of any period during which the offender is not incarcerated, the offender shall sign a statement allowing any employer of the offender to garnish up to 25% of the offender's compensation and give the garnished amounts to the department of corrections to be used by the department to satisfy any existing restitution obligation; and (c) during any period that the defendant is on probation or parole, the probation and parole officer shall set a monthly restitution payment amount by dividing the total amount of unpaid restitution by the number of remaining months of probation or parole. The probation and parole officer may adjust the monthly payment up or down by a maximum of 10%, depending on the offender's circumstances.
Wage/bank account garnishment All All All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Montana Mont. Code Ann. § 46-18-244(7) Type and time of payment--defenses--ensuring payment
The department of corrections shall give the department of revenue a copy of the order to pay restitution. If full restitution has not been paid, the department of revenue shall,
+ See more
pursuant to an agreement made under 46-18-241, intercept any state tax refunds and any federal tax refunds, as provided by law, due the offender and transfer the money to the department of corrections for a felony offense and to the sentencing court for a misdemeanor offense for disbursement to the victim.
Wage/bank account garnishment All All All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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
+ See more
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 All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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.
+ See more
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 Supervision fee All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington Wash. Rev. Code Ann. § 10.01.160(3)-(4) What constitutes--Payment by defendant--Procedure--Remission--Medical or mental health treatment or services Not specified All All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington Wash. Rev. Code Ann. § 10.101.020 Indigency determination Not specified All All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington Wash. Rev. Code Ann. § 9.94A.750 Restitution Not specified All All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington Wash. Rev. Code Ann. § 9.94A.777 Legal financial obligations--Defendants with mental health conditions Not specified All All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 769.3(2) Conditional sentence - installments
(2) Except for a person who is convicted of criminal sexual conduct in the first or third degree, the court may also place the offender on probation with the condition
+ See more
that the offender pay a fine, costs, damages, restitution, or any combination in installments with any limited time and may, upon default in any of those payments, impose sentence as provided by law.
Payment plan/installment plan All All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 600.4803 Failure to pay as subject to late penalty
A person who fails to pay a penalty, fee, or costs in full within 56 days after that amount is due and owing is subject to a late penalty equal
+ See more
to 20% of the amount owed. The court shall inform a person subject to a penalty, fee, or costs that the late penalty will be applied to any amount that continues to be unpaid 56 days after the amount is due and owing. . . . A late penalty may be waived by the court upon the request of the person subject to the late penalty.
Collection fee/interest All All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan Mich. Comp. Laws § 12.136 Collection Services to the Courts: Offsetting tax refunds or other payments; order of priority
The department, pursuant to its statutory and common law authority, may offset tax refunds or other payments due from the state to a person who owes a debt to a
+ See more
court that would be collectible under an agreement described in this act.
Wage/bank account garnishment All All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Hampshire N.H. Rev. Stat. § 504-A:13(I) Supervision and Service Charges Service charges for collection of fines and fees, other than supervision fees, shall be established at 10 percent of the funds collected. Collection fee/interest Supervision fee All All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Hampshire N.H. Rev. Stat. Ann. § 263:56-a Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine
Whenever any defendant: . . . (b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court has determined he
+ See more
is able to pay, or issues a bad check in payment of a fine or other penalty; or (c) Fails to comply with a similar order of the director or a court on any matter within the director's or court's jurisdiction, his driver's license or resident or nonresident driving privilege and in any motor vehicle case or related case the resident plates and motor vehicle registration shall be suspended or revoked only upon written consent of the director, effective 30 days after such default or failure, except as provided in subparagraph I(d) of this section.
Driver's license suspension/impoundment All Traffic Traffic No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

New Hampshire N.H. Rev. Stat. Ann. § 651:22 Jurisdiction Over and Disposition of Wages and Income
In any criminal case, in addition to such other terms and conditions as may be imposed by the court, a defendant who has received a suspended sentence or who has
+ See more
been released under RSA 651:19 may be required by the court to surrender to the department of corrections or other agency designated by the court all or part of his wages or other income, less standard payroll deduction required by law, earned during the time he is not confined under the sentence. The court may direct that, after deducting therefrom the cost of his maintenance while not confined, the balance be applied as needed for restitution payments made to authorized claimants pursuant to RSA 651:62 through 66 and for the support and maintenance of his dependents. Any balance after such applications shall be deposited in a savings account to be released to him or applied as needed for restitution payments or the support of his dependents as the court may order, or applied to the designated cost of room and board at the institution for the period of time during which the inmate is working before the expiration of his sentence. Upon expiration of his sentence the balance remaining shall be paid to him or his order.
Wage/bank account garnishment All All All No
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code Ann. § 2929.15 Community control sanctions
(B)(1) If the conditions of a community control sanction are violated or if the offender violates a law or leaves the state without the permission of the court or the
+ See more
offender's probation officer, the sentencing court may impose upon the violator one or more of the following penalties:(a) A longer time under the same sanction if the total time under the sanctions does not exceed the five-year limit specified in division (A) of this section;(b) A more restrictive sanction under section 2929.16, 2929.17, or 2929.18 of the Revised Code;(c) A prison term on the offender pursuant to section 2929.14 of the Revised Code.(2) If an offender was acting pursuant to division (B)(2)(b) of section 2925.11 of the Revised Code and in so doing violated the conditions of a community control sanction based on a minor drug possession offense, as defined in section 2925.11 of the Revised Code, the sentencing court may consider the offender's conduct in seeking or obtaining medical assistance for another in good faith or for self or may consider the offender being the subject of another person seeking or obtaining medical assistance in accordance with that division as a mitigating factor before imposing any of the penalties described in division (B)(1) of this section.(3) The prison term, if any, imposed upon a violator pursuant to this division shall be within the range of prison terms available for the offense for which the sanction that was violated was imposed and shall not exceed the prison term specified in the notice provided to the offender at the sentencing hearing pursuant to division (B)(2) of section 2929.19 of the Revised Code. The court may reduce the longer period of time that the offender is required to spend under the longer sanction, the more restrictive sanction, or a prison term imposed pursuant to this division by the time the offender successfully spent under the sanction that was initially imposed.
Condition or extension of supervision Supervision fee State All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2929.15 Community control sanctions
(B)(1) If the conditions of a community control sanction are violated or if the offender violates a law or leaves the state without the permission of the court or the
+ See more
offender's probation officer, the sentencing court may impose upon the violator one or more of the following penalties:(a) A longer time under the same sanction if the total time under the sanctions does not exceed the five-year limit specified in division (A) of this section;(b) A more restrictive sanction under section 2929.16, 2929.17, or 2929.18 of the Revised Code;(c) A prison term on the offender pursuant to section 2929.14 of the Revised Code.(2) If an offender was acting pursuant to division (B)(2)(b) of section 2925.11 of the Revised Code and in so doing violated the conditions of a community control sanction based on a minor drug possession offense, as defined in section 2925.11 of the Revised Code, the sentencing court may consider the offender's conduct in seeking or obtaining medical assistance for another in good faith or for self or may consider the offender being the subject of another person seeking or obtaining medical assistance in accordance with that division as a mitigating factor before imposing any of the penalties described in division (B)(1) of this section.(3) The prison term, if any, imposed upon a violator pursuant to this division shall be within the range of prison terms available for the offense for which the sanction that was violated was imposed and shall not exceed the prison term specified in the notice provided to the offender at the sentencing hearing pursuant to division (B)(2) of section 2929.19 of the Revised Code. The court may reduce the longer period of time that the offender is required to spend under the longer sanction, the more restrictive sanction, or a prison term imposed pursuant to this division by the time the offender successfully spent under the sanction that was initially imposed.
Condition or extension of supervision Supervision fee State All Yes
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Ohio Ohio Rev. Code § 2929.25(C)(2) Misdemeanor community control sanctions
(C)(2) The sentencing court shall require as a condition of any community control sanction that the offender abide by the law and not leave the state without the permission of
+ See more
the court or the offender's probation officer. In the interests of doing justice, rehabilitating the offender, and ensuring the offender's good behavior, the court may impose additional requirements on the offender. The offender's compliance with the additional requirements also shall be a condition of the community control sanction imposed upon the offender.
Condition or extension of supervision Supervision fee State, Municipal All Yes