SB 298: What It Means for Montgomery

Disclaimer: The City of Montgomery provides this information to help residents understand proposed state legislation that could affect local governance.

Overview

SB 298 is a proposed state bill that would establish minimum staffing requirements for certain municipal police departments and create a state oversight framework if those requirements are not met.

The bill applies to Class 3 municipalities and outlines compliance timelines, reporting requirements, and potential state intervention if a municipality does not meet the required staffing ratio.

FAQ

1. What would SB 298 require?

• SB 298 would require Class 3 municipalities to maintain at least two full-time law enforcement officers per 1,000 residents, based on the 2020 federal decennial census.

2. When would the staffing requirement take effect?

• The bill would take effect on October 1, 2026.
• Municipalities that do not meet the required staffing ratio by that date would have a five-year compliance period to reach the standard.

3. What happens during the compliance period?

• If a municipality is below the required staffing level, it would be required to:
  • Increase staffing by at least 10% of the deficit each year during the five-year compliance period.
• Submit annual reports to the Secretary of the Alabama State Law Enforcement Agency (ALEA) outlining progress toward compliance.

4. What happens if a municipality does not comply?

• If a Class 3 municipality fails to meet the staffing requirement after the compliance period, the State of Alabama, through ALEA, could assume operational oversight of the municipal police department.
• Under state oversight, ALEA would be authorized to:
  • Establish a corrective action plan.
  • Deploy supplemental law enforcement personnel.
  • Appoint a Chief Administrative Law Enforcement Officer with operational authority.
  • Enter cooperative agreements with other law enforcement agencies.

5. Who would pay for state-deployed personnel?

• The state may seek reimbursement or restitution from the municipality for costs associated with supplemental law enforcement deployed during state oversight.

6. Does SB 298 eliminate municipal police departments?

• No. SB 298 establishes minimum staffing standards and a state oversight mechanism if those standards are not met. Municipal police departments would continue to exist, but operational authority could shift during periods of state oversight.

7. Does SB 298 apply to all municipalities?

• No. The bill applies to Class 3 municipalities, as defined under Alabama law.

What SB 298 Does and Does Not Do

• SB 298 establishes a minimum staffing ratio for certain municipalities.
• SB 298 creates a five-year compliance window for departments below the threshold.
• SB 298 requires annual reporting during the compliance period.
• SB 298 authorizes state operational oversight if a municipality fails to meet the staffing requirement.
• SB 298 does not set crime policy or determine crime rates.