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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.
398 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Utah | Utah Code Ann. § 76-3-201.1(b) | Collection of criminal judgments--installment plan |
Criminal judgment accounts receivable means any amount due the state arising from a criminal judgment for which payment has not been received by the state agency that is servicing the + See moredebt... The court may permit a defendant to pay a criminal judgment account receivable in installments.
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Payment plan/installment plan | All | No |
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Utah | Utah Code Ann. § 76-3-201.1 | Collection of criminal judgments--warrants |
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its + See moreown motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest...(4)(a) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure to make a good faith effort to make the payment, the court may find that the default constitutes contempt. (b) Upon a finding of contempt, the court may order the defendant committed until the criminal judgment account receivable, or a specified part of it, is paid...(5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(d) except as provided in Section 77-18-8[fines issued in addition to imprisonment or in lieu of imprisonment], execute the original sentence of imprisonment
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Incarceration | All | No |
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Utah | Utah Code Ann. § 76-3-201.1 | Collection of criminal judgments--collection of civil judgment |
Upon default in the payment of a criminal judgment account receivable or upon default in the payment of any installment of that receivable, the criminal judgment account receivable may be + See morecollected as provided in this section or Subsection 77-18-1(9) or (10), and by any means authorized by law for the collection of a civil judgment.
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Property liens | All | No |
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Utah | Utah Code Ann. § 76-3-201.1 | Collection of criminal judgments--compulsory service |
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its + See moreown motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(f) except as limited by Subsection (6) [restitution], convert the criminal judgment account receivable or any part of it to compensatory service
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Community service | All | No |
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Utah | Utah Code Ann. § 76-3-201.1 | Collection of criminal judgments--reduce fines |
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its + See moreown motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest...
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Incarceration | All | No |
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Utah | Utah Code Ann. § 76-3-201.1 | Collection of criminal judgments--extend probation |
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its + See moreown motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...start the period of probation anew
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Condition or extension of supervision | All | No |
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Utah | Utah Code Ann. § 77-18-6(2)(a) | Judgment to pay fine or restitution constitutes a lien | When a fine, forfeiture, surcharge, cost, fee, or restitution is recorded in the registry of civil judgments, the judgment: (a) constitutes a lien | Property liens | All | No |
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Utah | Utah Code Ann. § 77-32a-10 | Imprisonment for contempt |
The term of imprisonment for contempt for nonpayment of costs shall be set forth in the commitment order, and shall not exceed one day for each $25 of the costs, + See more30 days if the costs were imposed upon conviction of a misdemeanor, or six months in the case of a felony, whichever is the shorter period. A person committed for nonpayment of costs shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order.
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Incarceration | All | Yes |
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Utah | Utah Code Ann. § 77-19-1 | Judgment for fines or costs --Enforcement |
If the judgment is for a fine or costs when allowed by statute and the fine is not paid as ordered by the court, execution or garnishment may be issued + See moreas on a judgment in a civil action. The prosecuting attorney, upon written request of the court clerk, shall effectuate collection through execution or garnishment when the fine or costs have not been paid as ordered by the court.
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Wage/bank account garnishment | All | No |
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Utah | Utah Code Ann. § 77-38a-501 | Default and sanctions |
(1) When a defendant defaults in the payment of a judgment for restitution or any installment ordered, the court, on motion of the prosecutor, parole or probation agent, victim, or + See moreon its own motion may impose sanctions against the defendant as provided in Section 76-3-201.1. (2) The court may not impose a sanction against the defendant under Subsection (1) if: (a) the defendant's sole default in the payment of a judgement for restitution is the failure to pay restitution ordered under Subsection 76-3-201(6) regarding costs of incarceration in a county correctional facility; and (b) the sanction would extend the defendant's term of probation or parole.
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Increased fine | All | No |
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Utah | Utah Code Ann. § 77-38a-502 | Collection from inmate offenders |
In addition to the remedies provided in Section 77-38a-501, the department upon written request of the prosecutor, victim, or parole or probation agent, shall collect restitution from offender funds held + See moreby the department as provided in Section 64-13-23.
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Wage/bank account garnishment | All | Yes |
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Utah | Utah Code Ann. § 77-38a-601 | Preservation of assets |
Prior to or at the time a criminal information, indictment charging a violation, or a petition alleging delinquency is filed, or at any time during the prosecution of the case, + See morea prosecutor may, if in the prosecutor's best judgment there is a substantial likelihood that a conviction will be obtained and restitution will be ordered in the case, petition the court to: (a) enter a temporary restraining order, an injunction, or both; (b) require the execution of a satisfactory performance bond; or (c) take any other action to preserve the availability of property which may be necessary to satisfy an anticipated restitution order.
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Property liens | All | No |
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Wisconsin | Wis. Stat. § 973.07 | Failure to pay fine, fees, surcharges, or costsor to comply with certain community service work. |
If the fine, plus costs, fees, and surcharges imposed under ch. 814, are not paid or community service work under s. 943.017 (3) is not completed as required by the + See moresentence, the defendant may be committed to the county jail until the fine, costs, fees, and surcharges are paid or discharged, or the community service work under s.943.017 (3) is completed, for a period fixed by the court not to
exceed 6 months.
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Incarceration | All | No |
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Wisconsin | Wis. Stat. § 973.05(4)(a) | Fines ("Judgment of unpaid amount by court") |
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:(a) + See moreIssue a judgment for the unpaid amount and direct the clerk to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid amount, the court shall send
to the defendant at his or her last?known address written notification that a civil judgment has been issued for the unpaid fine, surcharge, costs, or fees. The judgment has the same force and effect as judgments docketed under s. 806.10.
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Increased fine | All | No |
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Wisconsin | Wis. Stat. § 973.05(4)(b) | Fines ("Wage/benefits garnishment") |
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following: + See more (b) Issue an order assigning not more than 25 percent of the defendants commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102, and other money due or to be due inthe future to the clerk of circuit court for payment of the unpaid fine, surcharge, costs, or fees. In this paragraph, employer includes the state and its political subdivisions.
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Wage/bank account garnishment | All | No |
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Wisconsin | Wis. Stat. § 973.05(4)(c) | Fines ("Garnishment of lottery winnings") |
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following: + See more (c) Issue an order assigning lottery prizes won by a defendant whose name is on the list supplied to the clerk of circuit court under s. 565.30 (5r) (a), for payment of the unpaid fine, surcharge, costs, or fees.
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Wage/bank account garnishment | All | No |
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Wisconsin | Wis. Stat. § 800.095(1)(a) | Nonpayment of monetary judgment |
(a) Suspension of the defendants operating privilege until the defendant pays the judgment, but not to exceed one year. If the court orders suspension under this paragraph, all of the + See morefollowing apply:
1. The court shall notify the department of transportation of the suspension for failure to pay the judgment. If the defendant pays the judgment, the court shall notify the department of transportation of the payment within 7 days in the form and manner prescribed by the department.
2. The court may order the suspension concurrent or consecutive to any other suspensions or revocations. If the court fails to specify whether the suspension is consecutive or concurrent, the department of transportation shall implement the suspension concurrent
with any other suspensions or revocations.
3. If the judgment remains unpaid at the end of the one?year suspension, the court may not order a further suspension of operating privileges in relation to the outstanding judgment.
3m. If the court terminates the defendants suspension as the result of the defendants agreement to a payment plan or community service and the defendant is later suspended because he or she defaults on that plan or service, the new suspension shall be
reduced by the amount of time that the suspension was served before being terminated by the court.
4. Serving the complete one?year suspension of the defendants operating privilege does not relieve the defendant of the responsibility to pay the judgment.
5. During the period of operating privilege suspension under this paragraph, the defendant may request the court to reconsider the order of suspension based on an inability to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d). The court shall consider the defendants request. If the court determines that the inability to pay the judgment is because of poverty, the court shall withdraw the suspension and grant the defendant further time to pay or withdraw the suspension and order one or
more other sanctions set forth in this subsection, including community service.
6. This paragraph does not apply if the judgment was entered solely for a violation of an ordinance unrelated to the violators operation of a motor vehicle unless the judgment is ordered under ch. 938. Nonmoving traffic offenses, as defined in s. 345.28 (1)(c), are related to the violators operation of a motor vehicle.
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Driver's license suspension/impoundment | All | No |
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Wisconsin | Wis. Stat. § 800.095(1)(b) | Nonpayment of monetary judgment |
(b) 1. That the defendant be imprisoned until the forfeiture, assessments, surcharge, and costs are paid. If the court orders imprisonment under this subdivision, all of the following apply:
a. + See moreThe maximum period of imprisonment shall be 90 days for
any one judgment, and the defendant shall receive credit against
the amount owed at the rate of at least $50 for each day of imprisonment,
including imprisonment following an arrest but prior to
the court making a finding under subd. 2.
b. The court may impose a term of imprisonment under this subdivision that is either concurrent with or consecutive to any other term of imprisonment imposed at the same time or any term of imprisonment imposed by any court.
2. No defendant may be imprisoned under subd. 1. unless the court makes one of the following findings:
a. Either at sentencing or thereafter, that the defendant has the ability to pay the judgment within a reasonable time. If a defendant meets the criteria in s. 814.29 (1) (d), the defendant shall be presumed unable to pay under this subsection and the court shall either suspend or extend payment of the judgment or order community service.
b. The defendant has failed, without good cause, to perform the community service authorized under this subsection or s.800.09.
c. The defendant has failed to attend an indigence hearing offered by the court to provide the defendant with an opportunity to determine whether he or she has the ability to pay the judgment.
d. The defendant has failed, without good cause, to complete an assessment or treatment program related to alcohol or drugs that was ordered in lieu of a monetary forfeiture.
3. a. Except as provided in subd. 3. b., the defendant shall be committed to a jail or a house of correction in the county in which the cause of action arose.
b. The defendant may be committed to the jail in another county within or outside of the state if the other county borders the county in which the cause of action arose, and the monthly expenses charged to the municipality by the other county to imprison the defendant are at least 25 percent less than the monthly expenses charged by the county in which the cause of action arose, and the other county agrees to having the defendant committed to the jail in that county.
c. The defendant shall be eligible for privileges under s.303.08 or a similar program in the other county if committed under subd. 3. b. The municipality shall pay the expenses incurred by the county to imprison the defendant.
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Incarceration | All | No |
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Wisconsin | Wis. Stat. § 800.035(2)(a)(4) | Initial Appearance in Municipal Court |
(2) If a defendant appears in person, all of the following shall occur:(a) The court shall, either orally or in writing, do all of the following: 4. Inform the + See moredefendant that if he or she is unable to pay the forfeiture, costs, fees, or surcharges due to poverty, he or she may request an installment payment, community service, or a stay of the judgment.
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Payment plan/installment plan | All | No |
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Wisconsin | Wis. Stat. § 757.66 | Recovery of legal fees paid for indigent defendants |
Whenever a county or the state has paid for legal representation of an indigent defendant and the county board or the department of justice so requires, the clerk of the + See morecourt where representation for the indigent was appointed shall prepare, sign and record in the office of the register of deeds a certificate stating the name and residence of the indigent beneficiary, the amount paid by the county or the state for his or her legal representation, the date when paid, the court and county in which the case was heard and such other information as the county board directs. If a certificate is recorded within 6 months after payment is made by the county or the state it may, within the time after the recording provided by s. 893.86, commence an action to recover from the indigent defendant, or his or her estate if the action is commenced within the time set for filing claims by creditors, the amount paid by the county or the state for his or her legal representation. In any such action ss. 859.02 and 893.86, so far as applicable, may be pleaded in defense. The claim shall not take precedence over the allowances in ss. 861.31, 861.33 and 861.35. The district attorney or the department of justice, as applicable, shall commence and prosecute all actions and proceedings necessary under this section to make the recovery when it appears that the indigent defendant or his or her estate is able to pay the claim.
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Other | All | Yes |
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For more information, please visit cjpp.law.harvard.edu.