SB36 Alabama 2017 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2017

Title

Courts, fines and fees, Fairness in Enforcement of Fines and Fees Act, required to comply with basic constitutional principles of due process, equal protection, and right to counsel when enforcing fines and fees

Summary

SB36 creates the Fairness in Enforcement of Fines and Fees Act to ensure due process and reduce incarceration for inability to pay fines and fees in Alabama.

What This Bill Does

It would require courts and government agencies to follow basic constitutional rules when enforcing fines and fees, including due process, equal protection, and the right to counsel. It would stop people from being jailed for nonpayment without an indigency check and would require clear notices and information for those charged with traffic offenses or minor misdemeanors. It would proportion fines and fees to a person’s ability to pay and offer alternatives like payment plans or community service. It would ban arrest warrants as a way to collect fines, require show-cause hearings with proper notices, and strengthen protections around bail, license suspensions, and the independence of prosecutors and judges.

Who It Affects

• Individuals who owe fines or fees, especially those related to traffic violations or minor misdemeanors, who would receive ability-to-pay determinations, notices, and options to avoid incarceration.
• Courts, prosecutors, municipalities, and other government entities that would need to implement proportional fines, ensure prosecutorial independence, provide notices and training, and safeguard against unconstitutional practices.

Key Provisions

• Provision 1: Fines, fees, and costs would be proportioned to a person’s ability to pay, based on indigency determinations, with options for court-managed payment plans or community service, and no more than a single court-cost assessment for all traffic violations from one stop or arrest when not needed by separate proceedings.
• Provision 2: Protections against coercive enforcement: no incarceration solely for nonpayment without due process, no arrest warrants to collect fines, required show-cause hearings with notice (including mail and outreach), bail/bond reforms to avoid detention for inability to pay, and requirements for prosecutor and municipal judge independence and training, plus special notice to people with mental illness or developmental disabilities.

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