Committee advances bill allowing short-term abatement of felony fines for inmates and hardship cases

The Senate Judiciary Committee on Monday passed House Bill 1792, a two-part measure that lets courts or sheriffs temporarily abate or reduce felony fines for people who cannot pay.

Mark Whitmore of the Association of Arkansas Counties told the panel the bill formalizes practices already used in some places and aims to avoid unnecessary warrants and accumulating fees. "This gives them a period during their incarceration and also during, six months after in which the court can either reduce their fines or temporarily abate them during that period," Whitmore said.

Under the bill's first part, Whitmore said, an incarcerated convicted felon could arrange through circuit court for fines to be temporarily abated or reduced based on ability to pay, including a period extending up to six months after release. The second part authorizes a sheriff—acting as the collector of felony fines—to provide a 90-day temporary abatement or reduction for people experiencing a short-term hardship such as job loss or hospitalization; longer relief would require circuit court review.

Committee members asked who makes the determination that a person is unable to pay; Whitmore said sheriffs would verify circumstances such as recent job loss or hospitalization during the 90-day period and that the Association of Arkansas Counties supports the measure as written.

After brief questioning the sponsor closed and the committee approved the bill by voice vote. The committee reported House Bill 1792 as passed out of committee.