SB166 Alabama 2018 Session

Sponsors

Session

Regular Session 2018

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

Description

<p class="bill_description"> This bill would create the Fairness in Enforcement of Fines and Fees Act and would require all courts within the State of Alabama and all municipal or other governmental entities to comply with basic constitutional principles relevant to the enforcement of fines and fees, including due process, equal protection, and right to counsel</p><p class="bill_description"> This bill would prohibit a person from being incarcerated for nonpayment of fines or fees without a prior indigency determination and would provide the person with certain notifications</p><p class="bill_description"> This bill would require a person charged with a traffic violation or minor misdemeanor be provided with adequate information, including the charges against him or her and the options he or she has for resolving the charges</p><p class="bill_description"> This bill would require a court to proportion all fines, fees, and costs imposed by the court when a sufficient showing of indigency has been made and would require the court to consider alternative sentencing, such as payment plan options or community service in lieu of paying fines and fees</p><p class="bill_description"> This bill would require notice regarding the waiver of posting certain bonds based on the inability to pay and would require meaningful notice and adequate representation, including counsel, in cases where the enforcement of fines and fees could result in imprisonment</p><p class="bill_description"> This bill would prohibit the use of arrest warrants as a means of coercing payment of a court debt and prohibit arrest warrants from being issued in response to the inability of a person to pay a fine or fee</p><p class="bill_description"> This bill would provide that if a defendant fails to make a court appearance the court would have to conduct a hearing on why a warrant should not be issued and include an assessment of the ability of the person to pay any pending fine or fee</p><p class="bill_description"> This bill would require a court to provide notice of a show cause hearing through first class mail, at a minimum, and would require the court to attempt to make contact with the person by telephone or text message if available</p><p class="bill_description"> This bill would prohibit bail or bond practices that cause a person to remain incarcerated solely because he or she cannot afford to pay for his or her release and would require that a person arrested for an initial violation of law or on an outstanding warrant receive a court date and be released on his or her own recognizance within a certain time frame under certain conditions</p><p class="bill_description"> This bill would provide that the failure of a person to appear or pay a fine in a case involving a traffic violation or minor misdemeanor may not be grounds for suspension of the driver's license of the person and would provide for immediate reinstatement of the driver's license of any person whose driver's license has been suspended for failing to appear or pay a fine in such cases</p><p class="bill_description"> This bill would require prosecutors to operate impartially and independently from courts and would require the prosecutor, not court staff, to perform prosecutorial duties</p><p class="bill_description"> This bill would require a municipality to ensure the sufficient independence of its municipal judges to avoid impropriety and existing or potential conflicts of interest</p><p class="bill_description"> This bill would require certain notice requirements regarding diversion from the justice system be made to a person with a mental illness or intellectual or developmental disability</p><p class="bill_description"> This bill would require courts and municipal or other governmental entities to provide appropriate training on safeguarding against unconstitutional practices by its staff and private contractors</p><p class="bill_entitled_an_act"> Relating to the enforcement of fines and fees by courts within the State of Alabama; to create the Fairness in Enforcement of Fines and Fees Act; to require all courts and governmental entities to comply with basic constitutional principles relevant to the enforcement of fines and fees, including due process, equal protection, and rights to counsel; to prohibit a person from being incarcerated for nonpayment of fines or fees due to indigency; to provide certain notice requirements; to require proportional fines, fees, and costs under certain conditions; to provide for alternative sentencing; to restrict the use of arrest warrants as a means of coercing payment; to further provide for show cause hearing notice requirements; to prohibit a person from being held on bail or bond solely because he or she cannot pay for his or her release; to limit the grounds for the suspension of a driver's license of a person; to require prosecutors to perform prosecutorial duties; to require municipalities ensure the independence of its municipal judges; to require certain notices to a person with a mental illness or intellectual or developmental disability; and require training on safeguarding against unconstitutional practices under certain conditions. </p>

Subjects

Courts