SB408 Alabama 2016 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2016

Title

Courts, enforcement of fine and court costs payment, constitutional safeguards

Summary

The bill would stop courts from jailing people who can’t pay fines or fees unless an indigency review shows nonpayment was willful, and would require alternatives and protections in how fines are collected.

What This Bill Does

It would require courts to consider alternatives to incarceration for those who can’t pay fines or fees, such as installment plans or community service. It would also require notice and access to counsel when enforcing fines and would protect against unconstitutional practices by court staff and private contractors. Before imprisoning someone for nonpayment, courts would need an indigency determination and proof that the failure to pay was willful, and they could not condition access to hearings on prepayment or use coercive tactics or bail practices that keep people jailed just because they can’t pay.

Who It Affects

• Defendants who owe fines or court fees, who would gain protections like indigency determinations and alternatives to jail
• Court staff and private contractors who enforce fines and court fees, who would be required to follow safeguards and provide notice and counseling when needed

Key Provisions

• Applies to all circuit, district, and municipal courts in Alabama
• Requires indigency determination before incarceration and a finding that nonpayment was willful
• Requires courts to consider alternatives to incarceration (e.g., installment payments, community service)
• Prohibits conditioning access to a judicial hearing on prepayment of fines or fees
• Requires notice and counsel when enforcement could result in imprisonment
• Prohibits use of arrest warrants or driver’s license suspension to coerce payment without adequate protections
• Prohibits bail or bond practices that keep defendants incarcerated solely due to their inability to pay
• Safeguards against unconstitutional practices by court staff and private contractors
• Effective date: takes effect on the first day of the third month after passage/approval

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Courts