SB39 Alabama 2017 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2017

Title

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

Summary

SB39 would limit jail for nonpayment of fines or court fees, require alternatives and notices, and protect due process in court-financial enforcement.

What This Bill Does

Applies to all circuit, district, and municipal courts in Alabama. Before incarcerating someone for nonpayment, the court must determine indigency and that the nonpayment was willful. The court must consider alternatives to incarceration (like installment payments or community service) and may not require prepayment to access a court hearing. The court must provide notice and, when imprisonment could happen, counsel, and must safeguard against unconstitutional practices by staff and contractors.

Who It Affects

• Defendants and other individuals who owe fines or court fees, who would gain protections against immediate incarceration, access to payment alternatives, and due process when enforcement occurs.
• Courts, court staff, and private contractors, who would need to implement indigency determinations, provide notices and counsel, and ensure practices are consistent with constitutional protections.

Key Provisions

• Indigency determination is required before incarceration for nonpayment, and the court must establish that failure to pay was willful.
• Courts must consider alternatives to incarceration for those unable to pay, including reasonable installment payments and community service.
• Access to a judicial hearing may not be conditioned on prepayment of fines or court fees.
• Notice must be provided and counsel offered when enforcement of fines or fees could lead to imprisonment.
• Arrest warrants or driver's license suspensions cannot be used as tools to coerce payment without adequate constitutional protections.
• Bail or bond practices that cause defendants to stay incarcerated solely because they cannot afford release are prohibited.
• Courts must safeguard against unconstitutional practices by court staff and private contractors.
• The act applies to all circuit, district, and municipal courts in the state, with an effective date set after passage.

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