AR HB1842

Allows incarcerated persons to petition circuit or district courts for abatement of outstanding fines or fees if they were convicted of a felony and incarcerated in state, federal, county jail, or substantially similar out-of-state correctional facilities.

Permits $20.00 abatement for every day of incarceration that can be demonstrated, with the petition requiring a current affidavit of financial means and disclosure of any prior abatement requests in other courts.

Courts must grant abatement petitions if the person proves by preponderance of the evidence they are entitled to it, and must reduce the amount by any abatement already received in another court.

Courts may reduce the abatement amount if the person has sufficient financial means to pay fines or fees without creating undue burden on their reentry into society, but must make a finding of clear and convincing evidence and allow de novo appeals.

Court-ordered restitution owed to other persons or entities is excluded from abatement under this provision.