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
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Alabama Ala.Code 1975 § 15-18-144 Restitution Withholding: Attachment of property

Any provision of any law of this state to the contrary notwithstanding and in addition to any other remedy which is or may be hereafter provided by law for the

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enforcement or collection of a restitution order, any decree, judgment, or order requiring the payment of restitution may include, upon motion of the victim, district attorney, the Attorney General, or the court, an order requiring that any asset or other income or any portion thereof to which a defendant is or may be entitled be withheld or attached, and such order may also require any person in real or constructive possession, custody, or control thereof to pay over, deliver, convey, transfer, or assign the same to the clerk of the court for disbursement, transfer, or assignment to the victim in accordance with the defendant's restitution obligation. If the prison authority reasonably believes that the defendant's outgoing mail contains any object or any item that has monetary value, the object or item shall be seized and transferred to the court of original jurisdiction. If the court determines that the item or object seized has monetary value, the item or object shall be transferred to the Crime Victims Compensation Fund for disbursement, transfer, or assignment to the victim for satisfaction of the defendant's outstanding restitution obligations. If the court determines that the item or object seized does not have any monetary value, the court shall return such to the prison to be promptly placed in the U.S. mail.

Wage/bank account garnishment All No
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Alaska Alaska Stat. Ann. § 12.55.055(c) Community work

The court may offer a defendant convicted of an offense the option of performing community work in lieu of a fine, surcharge, or portion of a fine or surcharge if

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the court finds the defendant is unable to pay the fine. The value of community work in lieu of a fine is the state's minimum wage for each hour.

Community service All No
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Arizona Ariz. Rev. Stat. Ann. § 13-810(D)(4) Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs

If the court finds that the defendant has wilfully failed to pay a fine, a fee, restitution or incarceration costs or finds that the defendant has intentionally refused to make

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a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do one of the following:4. Order the defendant to perform community restitution

Community service All No
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Arizona Ariz. Rev. Stat. Ann. § 13-812 Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs

A. After a hearing on an order to show cause pursuant to § 13-810, subsection A or B or after a hearing on a petition to revoke probation pursuant to

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§ 13-804, subsection E or the rules of criminal procedure, the court may issue a writ of criminal garnishment for any fine, fee, restitution or incarceration costs.B. The court may order garnishment for monies that are owed to a victim or the court, the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine, fee, restitution or incarceration costs. A writ of criminal garnishment applies to any of the following: 1. The defendant's earnings as defined in § 12-1598. 2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings. 3. Monies that are held by a garnishee on behalf of a defendant. 4. The defendant's personal property that is in the possession of a garnishee. 5. If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant. 6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.

Wage/bank account garnishment All No
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Arkansas Ark. Code Ann. § 5-4-206(b) Collection of Unpaid Restitution--Interception of State Income Tax Returns

A court that orders the payment of restitution as a condition of a defendant's sentence shall note on the restitution order that the restitution may be collected through an interception

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of the defendant's state income tax return if the defendant has failed to comply with the terms and conditions of the restitution order.

Wage/bank account garnishment All No
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Arkansas Ark. Code Ann. § 5-4-204(a) Collection After Default

When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected

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by any means authorized for the enforcement of a money judgment in a civil action.

Wage/bank account garnishment All No
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California Cal. Pen. Code § 594(c), (f) Vandalism; Punishment

(c) Upon conviction of any person under this section for acts of vandalism consisting of defacing property with graffiti or other inscribed materials, the court shall, when appropriate and feasible, in

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addition to any punishment imposed under subdivision (b), order the defendant to clean up, repair, or replace the damaged property himself or herself, or order the defendant, and his or her parents or guardians if the defendant is a minor, to keep the damaged property or another specified property in the community free of graffiti for up to one year. Participation of a parent or guardian is not required under this subdivision if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. If the court finds that graffiti cleanup is inappropriate, the court shall consider other types of community service, where feasible....

(f) The court may order any person ordered to perform community service or graffiti removal pursuant to paragraph (1) of subdivision (c) to undergo counseling.

Community service Misdemeanor Yes
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Colorado Colo. Rev. Stat. § 16-11-101.6(4)(a) Collection of Fines and Fees - Methods - Charges - Judicial Collection Enhancement Fund

On past due orders, the court may, on its own motion or through the use of a collections investigator, direct that a certain portion of a defendant's earnings, not to

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exceed fifty percent, be withheld and applied to any unpaid fines or fees, if such an order does not adversely impact the defendant's ability to comply with other orders of the court. An attachment of earnings under this section may be modified to a lesser or greater amount based upon changes in a defendant's circumstances as long as the amount withheld does not exceed fifty percent and may be suspended or cancelled at the court's discretion.

Wage/bank account garnishment All No
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Colorado Colo. Rev. Stat. § 16-11-101.6(5) Collection of Fines and Fees - Methods - Charges - Judicial Collection Enhancement Fund

During any period of time that a defendant is a state inmate as defined in section 17-1-102(8), C.R.S., the superintendent of the correctional facility to which such defendant is assigned,

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or his or her designee, may fix the manner and time of payment of fines and fees and may direct that a portion of the wages of such defendant under section 17-24-122(3), C.R.S., or compensation under section 17-24-114, C.R.S., be applied to any unpaid fines or fees.

Wage/bank account garnishment Misdemeanor, Felony No
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Colorado Colo. Rev. Stat. § 16-11-101.8(1) State Income Tax Refund Offsets - Fines, Fees, Costs, or Surcharges - Definitions

In any case in which a defendant has an unsatisfied fine, fee, cost, or surcharge obligation imposed pursuant to law or a court order, the judicial department is authorized to

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transmit data concerning the obligation to the department of revenue for the purpose of conducting a data match and offsetting the obligation against a state income tax refund pursuant to section 39-21-108(3), or lottery winnings pursuant to section 44-40-114.

Wage/bank account garnishment All No
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Colorado Colo. Rev. Stat. § 18-1.3-302(4) Legislative Declaration - Offenders Who May Be Sentenced to the Specialized Restitution and Community Service Program

If an eligible offender is accepted by a provider pursuant to subsection (3) of this section, the court may sentence an offender to pay restitution or perform community service, or

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both, in an amount commensurate with the seriousness of the crime and to the custody of any specialized restitution and community service program adopted pursuant to this section or article 27.9 of title 17, C.R.S. Notwithstanding any other provision of law to the contrary, a minimum of full restitution may be imposed in an amount that exceeds any actual losses or damages suffered by a victim of the crime.

Community service All No
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Connecticut Conn. Gen. Stat. § 18-50(a)(2) Credit against unpaid fine for time spent in confinement, employed or performing community service

(2) Each person committed to any community correctional center upon conviction of any criminal offense, and held therein only for the payment of a fine, may be released from confinement

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by the Commissioner of Correction and, with the agreement of the Court Support Services Division within the Judicial Department, be transferred to said division subject to the requirement that such person perform community service under the supervision of said division until the period of community service performed by such person at the rate of fifty dollars a day amounts to such fine or the balance thereof remaining unpaid. Any person so transferred shall remain under the jurisdiction of the commissioner. Such person shall be discharged from the jurisdiction of the commissioner when such person completes the period of community service required to be performed when computed in accordance with this subdivision or immediately upon payment of the fine in full. If, at any time during such person’s release from confinement pursuant to this subdivision, the commissioner determines that the conduct of such person is unsuitable for continuation in such program of community service, such person may be returned to confinement.

Community service All No
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Connecticut Conn. Gen. Stat. § 18-85(b) Compensation of inmates. Deposit in account. Disbursement priorities.

(b) Compensation so earned shall be deposited, under the direction of the Commissioner of Correction, in an account in a savings bank or state bank and trust company in this

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state or an account administered by the State Treasurer. Any compensation so earned shall be paid to the inmate on the inmate’s release from incarceration, except that the commissioner may, while the inmate is in custody, disburse any compensation earned by such inmate in accordance with the following priorities: (1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of the inmate’s dependents, if any; (7) the inmate’s necessary travel expense to and from work and other incidental expenses; (8) deposits credited to the inmate’s discharge savings account under section 18-84a; (9) costs of such inmate’s incarceration under section 18-85a and regulations adopted in accordance with said section; and (10) payment to the clerk of the court in which an inmate, confined in a correctional facility only for payment of a fine, was convicted, such portion of such compensation as is necessary to pay such fine.

Wage/bank account garnishment All No
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Connecticut Conn. Gen. Stat. § 18-101(b) Disposition of Inmate Compensation

(b) On granting privileges to any inmate under section 18-100, the commissioner or the commissioner's designee shall disburse any compensation earned by such inmate in accordance with the following priorities:

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(1) Federal taxes due; (2) restitution or payment of compensation to a crime victim ordered by any court of competent jurisdiction; (3) payment of a civil judgment rendered in favor of a crime victim by any court of competent jurisdiction; (4) victims compensation through the criminal injuries account administered by the Office of Victim Services; (5) state taxes due; (6) support of such inmate's dependents, if any; (7) such inmate's necessary travel expense to and from work and other incidental expenses; (8) deposits credited to the inmate's discharge savings account under section 18-84a; and (9) costs of such inmate's incarceration under section 18-85a and regulations adopted in accordance with said section

Wage/bank account garnishment All Yes
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Connecticut Conn. Gen. Stat. § 52-361a Execution on wages after judgment.

(a) Application. If a judgment debtor fails to comply with an installment payment order, the judgment creditor may apply to the court for a wage execution. The application shall contain

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the judgment creditor's or the judgment creditor's attorney's statement setting forth the particulars of the installment payment order and of the judgment debtor's failure to comply. The application shall be accompanied by a fee of one hundred dollars payable to the clerk of the court for the administrative costs of complying with the provisions of this section which fee may be recoverable by the judgment creditor as a taxable cost of the action.

Wage/bank account garnishment All No
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Florida Fla. Stat. §316.193(6) Driving under the influence; penalties

. . . However, in satisfaction of the fine imposed pursuant to this section, the court may, upon a finding that the defendant is financially unable to pay either all

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or part of the fine, order that the defendant participate for a specified additional period of time in public service or a community work project in lieu of payment of that portion of the fine which the court determines the defendant is unable to pay. In determining such additional sentence, the court shall consider the amount of the unpaid portion of the fine and the reasonable value of the services to be ordered; however, the court may not compute the reasonable value of services at a rate less than the federal minimum wage at the time of sentencing.

Community service All No
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Delaware 11 Del. C. § 4104(c) Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment

Any court may, in its discretion, direct any person sentenced to pay a fine or restitution upon conviction of a crime, who is employed within this State or by a

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Delaware resident or employer, to execute an assignment of a specified periodic sum not to exceed 1/3 of the person's total earnings, which assignment shall direct the person's employer to withhold and remit that amount to this State up to the total of the fine, costs and restitution imposed.

Wage/bank account garnishment All No
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Florida Fla. Stat. §985.039(7) Cost of supervision; cost of care

With respect to a child who has been placed under the supervision or care of the department and whose parent receives public assistance for any portion of such child's care,

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the department must seek a federal waiver to garnish or otherwise order the payment of a portion of the public assistance relating to such child, in an amount not to exceed the amount of the parent's obligation, in order to offset the costs to the department associated with providing supervision or care of such child.

Wage/bank account garnishment All Yes
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Florida Fla. Stat. §985.455(1) Other dispositional issues

(1) The court that has jurisdiction over an adjudicated delinquent child may, by an order stating the facts upon which a determination of a sanction and rehabilitative program was made

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at the disposition hearing:

(a) Require the child and, if the court finds it appropriate, the child's parent or guardian, together with the child, to render community service in a public service program.

(b) Order the child and, if the court finds it appropriate, the child's parent or guardian, together with the child, to participate in a community work project, either as an alternative to monetary restitution or as part of the rehabilitative or probation program.

(c) Revoke or suspend the driver license of the child.

(d) Order the child, upon a determination of the child's inability to pay, to perform community service in lieu of all court costs assessed against the delinquent child, including costs of prosecution, public defender application fees, and costs of representation.

Community service All No
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Florida Fla. Adm. Code §33-203.201(10) Inmate Trust Fund

(10) Any cost judgment or other monetary judgment, order, or sanction imposed against an inmate as described in subsection (9) above, shall be paid by offsetting the amount of the

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judgment or monetary order or sanction against the inmate's funds in his Inmate Trust Fund account in the following manner:

(a) The attorney representing the state in such civil or criminal action or appeal shall file with the Office of the General Counsel, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, a true copy of the judgment or other monetary order or sanction which has been entered by the appropriate court, together with a cover letter stating the date and amount of the judgment, monetary order, or sanction, or the balance remaining if less than the face amount thereof, as well as the attorney's name, address and telephone number. The attorney shall also certify in the letter that: 1. He has been employed by the State to handle such action; 2. The enclosed copy of the judgment or other monetary order or sanction is a true and accurate copy thereof as actually entered by the court; 3. The judgment or relevant order is final; and 4. A copy of the letter, together with a copy of the judgment or relevant order has been furnished to the inmate at his last known address as indicated in the attorney's records.

(b) Upon receipt of the above documents, the Office of the General Counsel shall determine if the inmate is still in the custody of the Department. If the inmate is not in the custody of the Department, the Office of the General Counsel shall advise the attorney of that fact and, if known, advise the attorney of the last known forwarding address of the inmate. If the inmate is in the custody of the Department, the Office of the General Counsel shall forward the letter and a copy of the judgment or relevant order to the Bureau of Finance and Accounting, Inmate Trust Fund Section.

(c) Once the Bureau of Finance and Accounting, Inmate Trust Fund Section, receives the letter and a copy of the judgment or relevant order, a hold shall immediately be placed on the inmate's account. The inmate shall be promptly advised of the hold and that the reason therefore is an unsatisfied judgment or other monetary order or sanction. A copy of the attorney’s letter or the letter from the probation and parole field office and a copy of the judgment or relevant order will be given to the inmate upon his request.

(d) If there are sufficient funds in the inmate’s account to satisfy the amount shown as due or the remaining balance as stated by the attorney, the appropriate officer shall promptly cause a check to be issued payable to the State of Florida” and shall return the check to the attorney. The check shall be drawn and credited against funds in the inmate's account. At such time, the hold shall be released on the inmate's account. It shall be the attorney's responsibility to see that the check is forwarded to the appropriate state agency or entity.

(e) If there are insufficient funds in the inmate's account to satisfy the amount shown as due or the balance remaining as stated by the attorney, a check shall be issued payable to the State of Florida for the amount contained in the inmate's account. Each time that the inmate receives funds in his account, payment shall be disbursed to the State of Florida until the debt is satisfied. The hold shall remain on the inmate's account until sufficient funds have been paid to satisfy the amount shown as due or the balance remaining thereon. If the inmate is released from the custody of the Department before he has paid the full amount of the judgment, upon his release, a notice shall be sent to the attorney or probation and parole office advising the attorney or office of the inmate’s release, the inmate's last forwarding address, if known, and the fact that the inmate has not paid the full amount of the judgment. A copy of this notice shall be placed in the inmate's file.

Wage/bank account garnishment All Yes