Incarceration, supervised pre-incarceration probation for certain pregnant women provided for, self-surrender 12 weeks after birth required, criminal penalties for failure to surrender provided
Impact
If enacted, HB 411 would amend existing laws governing the treatment of pregnant women in the penal system. This act stipulates that upon admission to a jail, women must inform staff of their pregnancy status and undergo a pregnancy test within three days. A positive test could lead the court to release them on bail if deemed not a threat to society. This change could significantly affect the sentencing of pregnant women, thereby allowing them greater autonomy to care for themselves and their unborn children.
Summary
House Bill 411, known as the Alabama Women's Child Care Alternatives, Resources, and Education (CARE) Act, proposes significant changes to how the state handles the incarceration of pregnant women. Under this bill, women who are pregnant and sentenced to incarceration would be able to defer their sentence until after they give birth, potentially allowing them to serve a pre-incarceration term of probation. This probation period would consist of being under electronic supervision and without the burden of paying fines, providing an alternative to traditional incarceration during pregnancy.
Contention
Notably, the bill addresses several points of contention as it mandates that women who lose their pregnancy while on probation must report this to their probation officer and grants the court discretion over their self-surrender timing. Additionally, failing to surrender within the stipulated time after giving birth may result in Class A misdemeanor charges. Critics might argue that these stipulations still carry punitive measures that could undermine the supportive intent of the bill, while supporters believe it prioritizes the health and welfare of both mother and child during this critical period.
Incarceration, supervised pre-incarceration probation for certain pregnant women provided for, self-surrender 12 weeks after birth required, criminal penalties for failure to surrender provided
Infants, Safe Harbor Act, provides for surrender of newborn infant to certain entities, provides for trearment of surrendered newborn infant, Dept. of Human Resources to assume custody of surrendered newborn infant, Secs. 26-25A-1 to 26-25A-7, inclusive, added; Secs. 26-25-1 to 26-25-5, inclusive, repealed.
Relating to the surrender of infants; to amend Sections 26-25-1, 26-25-2, 26-25-3, and 26-25-5, Code of Alabama 1975, and to add Sections 26-25-1.1 and 26-25-1.2 to the Code of Alabama 1975; to provide for the surrender of an infant to an emergency medical services provider or a hospital; to provide for the surrender of an infant in a baby safety device that meets certain requirements; to authorize the Department of Public Health to adopt rules relating to baby safety devices; to provide for an investigation into whether a surrendered infant is a missing child; to provide an affirmative defense to certain charges to parents who surrender an infant; to further provide for civil immunity for emergency medical services providers who accept surrendered infants; and to repeal Section 26-25-4, Code of Alabama 1975.
Relating to infants; to add a new Chapter 25A to Title 26 of the Code of Alabama 1975; to require certain safe haven locations and certain hospitals to accept a surrendered newborn infant; to give the Department of Human Resources custody of a surrendered newborn infant; to allow a parent who surrenders a newborn infant to reclaim the infant in certain circumstances; to provide certain affirmative defenses to a parent who surrenders a newborn infant; to exempt a surrendered newborn infant from certain reporting requirements; to provide for a limitation of liability; to authorize the Department of Human Resources to adopt rules; and to repeal Sections 26-25-1 through 26-25-5, Code of Alabama 1975, relating to leaving an abandoned infant with an emergency medical services provider.
Incarceration, supervised pre-incarceration probation for certain pregnant women provided for, self-surrender 12 weeks after birth required, criminal penalties for failure to surrender provided