SB418 By Senator Sanders RFD Judiciary Rd 1 19-APR-16

SYNOPSIS: This bill would require a court to order a defendant convicted of a traffic violation or a Class B or Class C misdemeanor who is unable to make payment of a fine, penalty, or court cost within 30 days of sentencing to make payments through a deferred payment or installment agreement or to perform community service as a means of satisfying the debt.

This bill would authorize a court to reduce, and in some circumstances remit, fines and fees owed by a defendant.

This bill would prohibit a court from incarcerating a defendant solely on the grounds of an inability to pay a fine, fee, penalty, court cost, or restitution.

This bill would prohibit a private entity from assessing fees against a defendant for probation or collection services performed by that private entity.

This bill would also prohibit the suspension or revocation of the driver's license of a defendant solely on the grounds of a failure to appear or for nonpayment of a fine or fee in connection with a traffic violation or Class B or Class C misdemeanor and would require reinstatement of a driver's license if previously suspended or revoked for failure to appear or for such nonpayment.

A BILL TO BE ENTITLED AN ACT

Relating to payment of fees and court costs; to require a court to order a defendant convicted of a traffic violation or a Class B or Class C misdemeanor who is unable to make payment of a fine, penalty, or court cost within 30 days of sentencing to make payments through a deferred payment or installment agreement or to perform community service as a means of satisfying the debt; to authorize a court to reduce, and in some circumstances remit, fines and fees owed by a defendant; to prohibit a court from incarcerating a defendant solely on the grounds of an inability to pay a fine, fee, penalty, court cost, or restitution; to prohibit a private entity from assessing fees against a defendant for probation or collection services performed by that private entity; to prohibit the suspension or revocation of the driver's license of a defendant solely on the grounds of a failure to appear or for nonpayment of a fine or fee in connection with a traffic violation or Class B or Class C misdemeanor; and to require reinstatement of a driver's license if previously suspended or revoked for failure to appear or for such nonpayment.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) Whenever a defendant convicted of a traffic infraction or a Class B or Class C misdemeanor is sentenced to pay a fine, fee, penalty, or court cost, and the defendant is unable to make payment of the fine, fee, penalty, or court cost within 30 days of sentencing, the court shall order the defendant to comply with appropriate alternative means of satisfying the debt, including, but not limited to, making payments, proportional to the defendant's ability to pay, through a reasonable deferred payment or installment agreement or electing to perform reasonable and appropriate community service as a means of satisfying the debt.

(b) In addition, in appropriate cases, the court may reduce the outstanding fines and fees to an amount the defendant is able to pay or may remit the fines and fees.

(c) In no event may a court incarcerate an indigent defendant solely on the grounds of an inability to pay a fine, fee, penalty, court cost, or restitution.

(d) The court may authorize the clerk to establish and approve the conditions of all deferred payment or installment agreements or community service agreements pursuant to guidelines established by the court. As a condition of the agreement, a defendant who enters into a payment or installment agreement or elective community service agreement shall promptly inform the court of any change of mailing address during the term of the agreement. The court may assess a one-time fee not to exceed ten dollars ($10) for all costs of management of the defendant's agreement and account.

Section 2. A defendant shall not be assessed fees for probation or collection services performed by private entities.

Section 3. (a) A defendant's driver's license may not be suspended or revoked solely on the grounds of a failure to appear in connection with a traffic violation or a Class B or Class C misdemeanor or for nonpayment of fines or fees for a traffic violation or a Class B or Class C misdemeanor.

(b) In cases in which an individual's driver's license previously has been suspended or revoked for failing to appear, or failing to pay a fine, fee, penalty, court cost, or restitution stemming from a traffic violation or a Class B or Class C misdemeanor, reinstatement letters shall be sent immediately to reinstate the driver's license. Reinstatement letters shall not be conditioned upon payment in full of outstanding fines or fees.

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Court Costs

Courts

Drivers' Licenses

Probation

Traffic Violations

Crimes and Offenses

Criminal Law and Procedure

Misdemeanors