SB408 By Senator Sanders RFD Judiciary Rd 1 12-APR-16

SYNOPSIS: This bill would require all circuit, district, and municipal courts in the state to consider alternatives to incarceration for defendants unable to pay fines or court fees, to provide notice when enforcing fines and court fees, and to safeguard against unconstitutional practices by court staff and private contractors.

This bill would also prohibit the courts from incarcerating a person for nonpayment of fines or court fees without first conducting an indigency determination and establishing that the failure to pay was willful; from conditioning access to a judicial hearing on the prepayment of fines or court fees; from using arrest warrants or driver's license suspension as a means of coercing the payment of court debt when individuals have not been afforded constitutionally adequate procedural protections; and from employing bail or bond practices that cause defendants to remain incarcerated solely because they cannot afford to pay for their release.

A BILL TO BE ENTITLED AN ACT

Relating to the enforcement of payment of fines and court fees; to require circuit, district, and municipal courts to consider alternatives to incarceration for defendants unable to pay fines or court fees, to provide notice when enforcing fines and court fees, and to safeguard against unconstitutional practices by court staff and private contractors; and to prohibit the courts from incarcerating a person for nonpayment of fines or court fees without first conducting an indigency determination and establishing that the failure to pay was willful, conditioning access to a judicial hearing on the prepayment of fines or court fees, using arrest warrants or driver's license suspension as a means of coercing the payment of court debt when individuals have not been afforded constitutionally adequate procedural protections, and employing bail or bond practices that cause defendants to remain incarcerated solely because they cannot afford to pay for their release.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) This section applies to all circuit, district, and municipal courts in the state.

(b) The court may not incarcerate a person for nonpayment of fines or court fees without first conducting an indigency determination and establishing that the failure to pay was willful.

(c) The court must consider alternatives to incarceration for defendants unable to pay fines and court fees, including, but not limited to, reasonable installment payments and community service.

(d) The court may not condition access to a judicial hearing on the prepayment of fines or court fees.

(e) The court must provide notice and, in cases where imprisonment may result, counsel, when enforcing fines and court fees.

(f) The court may not use arrest warrants or driver's license suspension as a means of coercing the payment of court debt when individuals have not been afforded constitutionally adequate procedural protections.

(g) The court may not employ bail or bond practices that cause defendants to remain incarcerated solely because they cannot afford to pay for their release.

(h) The court shall safeguard against unconstitutional practices by court staff and private contractors.

Section 2. 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.

Courts

Judges

Court Costs

Penalties

Indigents

Sentencing

Due Process

Constitutional Rights