Alabama 2024 Regular Session

Alabama House Bill HB411 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB411INTRODUCED
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3	3	HB411
4	4	Q6MH551-1
5	5	By Representative Hollis
6	6	RFD: Judiciary
7	7	First Read: 04-Apr-24
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12	12	5 Q6MH551-1 04/03/2024 GP (L)lg 2024-939
13	13	Page 1
14	14	First Read: 04-Apr-24
15	15	SYNOPSIS:
16	16	Existing law does not allow a pregnant woman
17	17	sentenced to incarceration to defer her sentence until
18	18	after the birth of her child.
19	19	This bill would adopt the Alabama Women's Child
20	20	Care Alternatives, Resources, and Education (CARE) Act.
21	21	This bill would provide that each woman, upon
22	22	admission to a jail, shall inform the individual
23	23	conducting her initial intake medical screening if she
24	24	is pregnant or suspects she may be pregnant.
25	25	This bill would require each woman who informs
26	26	the individual conducting her initial intake medical
27	27	screening that she is or may be pregnant to be assessed
28	28	for pregnancy with a urine pregnancy test within three
29	29	days of her initial intake medical screening, unless
30	30	she declines the testing.
31	31	This bill would require a woman who tests
32	32	positive for pregnancy to be released on bail, provided
33	33	that the court determines that the woman does not pose
34	34	a significant threat.
35	35	This bill would provide that, if a woman is
36	36	pregnant at the time she is sentenced to incarceration,
37	37	the court shall include a term of pre-incarceration
38	38	probation to be served until 12 weeks after the woman
39	39	gives birth, provided that the court determines that
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67	67	28 HB411 INTRODUCED
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69	69	gives birth, provided that the court determines that
70	70	the woman does not pose a significant threat.
71	71	This bill would allow any pre-incarceration term
72	72	of probation to be credited to the woman's sentence,
73	73	and would provide that a pre-incarceration term of
74	74	probation shall be served with certain electronic
75	75	supervision and without payment of any fines.
76	76	This bill would require a woman serving a
77	77	pre-incarceration term of probation to report the loss
78	78	of her pregnancy to her probation officer and would
79	79	give the court discretion as to when she should self
80	80	surrender following the pregnancy loss.
81	81	This bill would also require a woman serving a
82	82	pre-incarceration term of probation to self surrender
83	83	12 weeks after the birth of her child and provide that
84	84	failure to surrender is a Class A misdemeanor.
85	85	A BILL
86	86	TO BE ENTITLED
87	87	AN ACT
88	88	Relating to incarceration; to adopt the Alabama Women's
89	89	CARE Act; to provide for the pregnancy testing of certain
90	90	women after admission to a jail; to provide for the supervised
91	91	pre-incarceration probation of a pregnant woman in certain
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121	121	pre-incarceration probation of a pregnant woman in certain
122	122	circumstances; to provide for the self surrender of a woman
123	123	serving a pre-incarceration term of probation 12 weeks after
124	124	the birth of her child; to provide for criminal penalties for
125	125	failure to surrender; and to provide procedures for if a woman
126	126	loses her pregnancy while on pre-incarceration probation.
127	127	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
128	128	Section 1. This act shall be known and may be cited as
129	129	the Alabama Women's Child Care Alternatives, Resources, and
130	130	Education (CARE) Act.
131	131	Section 2. (a) Each woman, upon admission to a jail,
132	132	shall inform the individual conducting the initial intake
133	133	medical screening if she is pregnant or suspects that she may
134	134	be pregnant. If the woman informs the individual conducting
135	135	the screening that she is pregnant or suspects she may be
136	136	pregnant the woman shall be given a urine pregnancy test
137	137	within three days of her initial intake medical screening,
138	138	unless the woman declines testing. The results of the
139	139	pregnancy test shall be used solely for the purpose of
140	140	determining pregnancy.
141	141	(b) If a woman given a pregnancy test pursuant to
142	142	subsection (a) tests positive for pregnancy, the result shall
143	143	be reported to the court and the county health department.
144	144	After receiving the report of the positive pregnancy test, the
145	145	court shall release her on bail, provided that the court
146	146	determines that the pregnant woman does not pose a significant
147	147	threat or danger to any person, to the community, or to any
148	148	property in the community.
149	149	Section 3. (a)(1) At the time of sentencing, when a
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179	179	Section 3. (a)(1) At the time of sentencing, when a
180	180	pregnant woman has been sentenced to a term of imprisonment,
181	181	the court shall include a term of probation that shall be
182	182	served pre-incarceration, provided that the court determines
183	183	that the pregnant woman does not pose a significant threat or
184	184	danger to any person, to the community, or to any property in
185	185	the community.
186	186	(2) The court shall allow a pregnant woman to be
187	187	supervised on a pre-incarceration term of probation for the
188	188	length of her pregnancy and for 12 weeks after the birth of
189	189	her child. The woman shall surrender herself to the Department
190	190	of Corrections, the county jail, or the municipal jail, as
191	191	applicable, 12 weeks after the birth of her child.
192	192	(b) Failure of a woman with a deferred sentence
193	193	pursuant to this act to surrender herself to the Department of
194	194	Corrections, county jail, or municipal jail 12 weeks after the
195	195	birth of her child is a Class A misdemeanor.
196	196	(c)(1) A pre-incarceration term of probation to be
197	197	served pursuant to this act shall be served without the
198	198	payment of fines, fees, restitution, or probation fees.
199	199	(2) Supervision for a pre-incarceration term of
200	200	probation shall be conducted by phone or other electronic
201	201	communication.
202	202	(3) The court's jurisdiction during a
203	203	pre-incarceration term of probation shall be the same as set
204	204	forth in Chapter 22 of Title 15 of the Code of Alabama of
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206	206	(d) Any time a pregnant woman spends on a
207	207	pre-incarceration term of probation pursuant to this act shall
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237	237	pre-incarceration term of probation pursuant to this act shall
238	238	be credited to the woman's sentence or disposition.
239	239	(e) A pregnant woman serving a pre-incarceration term
240	240	of probation shall maintain perinatal health care, treatment,
241	241	and assessments and participate in education and resource
242	242	programs to the extent that they are available in her
243	243	community.
244	244	(f) A pregnant woman serving a pre-incarceration term
245	245	of probation shall report any pregnancy loss to her probation
246	246	officer within 72 hours of the loss. The court shall have
247	247	discretion to determine when a woman who loses a pregnancy
248	248	during a pre-incarceration term of probation shall surrender
249	249	herself to the Department of Corrections, the county jail, or
250	250	the municipal jail.
251	251	Section 4. This act shall become effective October 1,
252	252	2024.
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