SB408 Summary

• Applies to all circuit, district, and municipal courts in Alabama and prohibits incarceration for nonpayment of fines or court fees without first determining indigency and establishing that failure to pay was willful.

• Requires courts to consider alternatives to incarceration for defendants unable to pay, including reasonable installment payments and community service.

• Prohibits conditioning access to judicial hearings on prepayment of fines or court fees, and requires courts to provide notice and counsel when enforcement may result in imprisonment.

• Prohibits use of arrest warrants or driver's license suspension to coerce payment of court debt without constitutional procedural protections, and bans bail or bond practices that incarcerate defendants solely due to inability to afford release.

• Requires courts to safeguard against unconstitutional practices by court staff and private contractors; effective on the first day of the third month following passage and gubernatorial approval.