SB166 Alabama 2018 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

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

Summary

SB 166 would create the Fairness in Enforcement of Fines and Fees Act to protect due process, prevent jail for inability to pay, and require alternatives and protections when enforcing fines and fees.

What This Bill Does

It would require courts and all government entities to follow constitutional principles like due process, equal protection, and right to counsel when enforcing fines and fees. It would ban incarcerating someone for nonpayment without an indigency determination and would require ability-to-pay determinations and proportioning of fines to income when indigent, plus alternatives like payment plans or community service. It would restrict coercive tools like arrest warrants, require show-cause hearings and proper notices (including by mail and phone), and protect license reinstatement without requiring full payment. It would also enhance independence for prosecutors and judges and require training and information about diversion options for people with mental illness or developmental disabilities.

Who It Affects

• People who owe fines or fees (especially those who are indigent) would be protected from jail for nonpayment without a proper ability-to-pay review and would be offered alternatives.
• Individuals charged with traffic violations or minor misdemeanors would receive clear information and options to resolve charges.
• Courts, prosecutors, and municipalities would have to adopt independent/prosecutorial structures and ensure judge independence and training.
• People with mental illness or developmental disabilities would get information about diversion options.

Key Provisions

• Prohibits incarceration for nonpayment without a prior indigency determination that the failure to pay was willful, not due to inability to pay.
• Requires oral and written notices and ability-to-pay determinations for traffic or minor misdemeanor charges; charging documents must include detailed rights and options information.
• Court must proportion fines, fees, and costs to income when indigent; establish objective criteria; consider other court debts; require ability-to-pay before initial fines and after increases.
• Allows alternative sentencing such as payment plans or community service with rules on rates, timeframes, and extensions; allows monthly court appearances to modify plans.
• Provides notice about bond waivers due to inability to pay; waivers granted if determined unable to pay.
• Access to hearings or appeals cannot be conditioned on prepayment of bonds or fees; requires meaningful notice and representation in cases that could lead to imprisonment.
• Arrest warrants may not be used to coerce payment; may be issued only after other methods are exhausted and not in response to inability to pay; show-cause hearings required with ability-to-pay assessment.
• Bail/bond practices cannot keep a person incarcerated solely for inability to pay; initial arrests should be released on recognizance within a set time; unsecured bonds allowed up to $100 in certain cases with opportunities to plead guilty and pay.
• Driver’s license suspensions for failure to appear or pay cannot be the sole consequence; immediate license reinstatement letters issued and not conditioned on full payment.
• Prosecutors must operate independently from courts; prosecutors perform prosecutorial duties and manage case files, discovery, and fines recommendations.
• Municipalities must ensure independent municipal judges to avoid conflicts of interest; information about diversion options provided for mental illness or developmental disability cases.
• Courts and governmental entities must train staff and contractors to safeguard against unconstitutional practices and provide diversion or other safeguards where appropriate.

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