HB281 Alabama 2023 Session

Summary

Primary Sponsor

Tracy EstesRepresentative

Republican

Session

Regular Session 2023

Title

Relating to detention facilities; to amend Section 14-6-22, Code of Alabama 1975, to require a defendant convicted of a misdemeanor to pay housing and maintenance associated with his or her incarceration in a county or city jail; and to make nonsubstantive, technical revisions to update the existing code language to current style.

Summary

HB281 would require misdemeanor defendants to pay the actual housing, maintenance, and medical costs of their incarceration in a county or city jail, replacing the prior $20 per day cap.

What This Bill Does

It requires the court to order misdemeanor defendants to pay housing, maintenance, and medical costs up to the actual expenses incurred for their incarceration in a county or city jail. The costs are added to court costs and paid to the county or city where the jail is located, with provisions for remission in hardship and for payment in installments or as a probation condition. The bill also updates the code language and provides enforcement and collection mechanisms.

Who It Affects

• misdemeanor defendants who are incarcerated in county or city jails, who would be required to pay housing, maintenance, and medical costs (potentially including installments and possible remission for hardship).
• counties and cities, which would receive the collected money to cover jail costs, with collection handled by the sentencing court clerk.

Key Provisions

• Replaces the $20 per day cap with a requirement to pay actual housing and maintenance costs plus actual medical expenses for misdemeanor incarceration.
• Costs are taxed as costs of court and payable to the county or city where the defendant was incarcerated.
• At sentencing, the defendant may petition for remission of all or part of the costs if hardship is shown; the court may remit or modify payments based on hardship or financial resources.
• The court must consider the defendant's financial resources and the burden of payment when determining amount and method of payment.
• A defendant may petition for remission in the future if not in default; the court may remit or modify payments as needed.
• Costs can be paid in installments or within a specified period; if no period is specified, payment is due immediately.
• If the defendant is on probation or the sentence is suspended, payment can be a condition of probation or suspension.
• Default may be collected by any lawful means; funds are collected by the clerk and paid to the relevant county or city.
• Effective date: the act becomes law on the first day of the third month after passage and governor approval.
• Non-substantive, technical revisions update the code language to current style.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.