AL SB39

Courts may not incarcerate a person for nonpayment of fines or court fees without first conducting an indigency determination and establishing that the failure to pay was willful.

Courts must consider alternatives to incarceration for defendants unable to pay fines and court fees, including reasonable installment payments and community service.

Courts may not condition access to judicial hearings on prepayment of fines or court fees, and must provide notice and counsel when imprisonment may result from enforcement actions.

Courts may not use arrest warrants or driver's license suspension to coerce payment of court debt without constitutionally adequate procedural protections, and may not employ bail or bond practices that keep defendants incarcerated solely due to inability to pay.

Courts must safeguard against unconstitutional practices by court staff and private contractors.