SB36 Summary: Fairness in Enforcement of Fines and Fees Act

• Prohibits incarceration for nonpayment of fines or fees without a prior indigency determination establishing the failure to pay was willful rather than inability-based.

• Requires courts to proportion all fines, fees, and costs to a person's financial resources upon sufficient showing of indigency and provide alternatives including payment plans and community service options.

• Prohibits arrest warrants as a means of coercing payment of court debts and restricts warrant issuance for traffic violations or misdemeanors until all other appearance-securing mechanisms are exhausted.

• Bans bail or bond practices that incarcerate persons solely due to inability to pay and requires release on own recognizance within 12 hours of booking for initial violations or outstanding warrants.

• Prohibits driver's license suspension based on failure to appear or pay fines in traffic violation or minor misdemeanor cases and requires prosecutors to operate independently from courts with adequate notice and counsel provisions in cases risking imprisonment.