HB411INTRODUCED
Page 0
HB411
Q6MH551-1
By Representative Hollis
RFD: Judiciary
First Read: 04-Apr-24
1
2
3
4
5 Q6MH551-1 04/03/2024 GP (L)lg 2024-939
Page 1
First Read: 04-Apr-24
SYNOPSIS:
Existing law does not allow a pregnant woman
sentenced to incarceration to defer her sentence until
after the birth of her child.
This bill would adopt the Alabama Women's Child
Care Alternatives, Resources, and Education (CARE) Act.
This bill would provide that each woman, upon
admission to a jail, shall inform the individual
conducting her initial intake medical screening if she
is pregnant or suspects she may be pregnant.
This bill would require each woman who informs
the individual conducting her initial intake medical
screening that she is or may be pregnant to be assessed
for pregnancy with a urine pregnancy test within three
days of her initial intake medical screening, unless
she declines the testing.
This bill would require a woman who tests
positive for pregnancy to be released on bail, provided
that the court determines that the woman does not pose
a significant threat.
This bill would provide that, if a woman is
pregnant at the time she is sentenced to incarceration,
the court shall include a term of pre-incarceration
probation to be served until 12 weeks after the woman
gives birth, provided that the court determines that
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 HB411 INTRODUCED
Page 2
gives birth, provided that the court determines that
the woman does not pose a significant threat.
This bill would allow any pre-incarceration term
of probation to be credited to the woman's sentence,
and would provide that a pre-incarceration term of
probation shall be served with certain electronic
supervision and without payment of any fines.
This bill would require a woman serving a
pre-incarceration term of probation to report the loss
of her pregnancy to her probation officer and would
give the court discretion as to when she should self
surrender following the pregnancy loss.
This bill would also require a woman serving a
pre-incarceration term of probation to self surrender
12 weeks after the birth of her child and provide that
failure to surrender is a Class A misdemeanor.
A BILL
TO BE ENTITLED
AN ACT
Relating to incarceration; to adopt the Alabama Women's
CARE Act; to provide for the pregnancy testing of certain
women after admission to a jail; to provide for the supervised
pre-incarceration probation of a pregnant woman in certain
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 HB411 INTRODUCED
Page 3
pre-incarceration probation of a pregnant woman in certain
circumstances; to provide for the self surrender of a woman
serving a pre-incarceration term of probation 12 weeks after
the birth of her child; to provide for criminal penalties for
failure to surrender; and to provide procedures for if a woman
loses her pregnancy while on pre-incarceration probation.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Alabama Women's Child Care Alternatives, Resources, and
Education (CARE) Act.
Section 2. (a) Each woman, upon admission to a jail,
shall inform the individual conducting the initial intake
medical screening if she is pregnant or suspects that she may
be pregnant. If the woman informs the individual conducting
the screening that she is pregnant or suspects she may be
pregnant the woman shall be given a urine pregnancy test
within three days of her initial intake medical screening,
unless the woman declines testing. The results of the
pregnancy test shall be used solely for the purpose of
determining pregnancy.
(b) If a woman given a pregnancy test pursuant to
subsection (a) tests positive for pregnancy, the result shall
be reported to the court and the county health department.
After receiving the report of the positive pregnancy test, the
court shall release her on bail, provided that the court
determines that the pregnant woman does not pose a significant
threat or danger to any person, to the community, or to any
property in the community.
Section 3. (a)(1) At the time of sentencing, when a
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 HB411 INTRODUCED
Page 4
Section 3. (a)(1) At the time of sentencing, when a
pregnant woman has been sentenced to a term of imprisonment,
the court shall include a term of probation that shall be
served pre-incarceration, provided that the court determines
that the pregnant woman does not pose a significant threat or
danger to any person, to the community, or to any property in
the community.
(2) The court shall allow a pregnant woman to be
supervised on a pre-incarceration term of probation for the
length of her pregnancy and for 12 weeks after the birth of
her child. The woman shall surrender herself to the Department
of Corrections, the county jail, or the municipal jail, as
applicable, 12 weeks after the birth of her child.
(b) Failure of a woman with a deferred sentence
pursuant to this act to surrender herself to the Department of
Corrections, county jail, or municipal jail 12 weeks after the
birth of her child is a Class A misdemeanor.
(c)(1) A pre-incarceration term of probation to be
served pursuant to this act shall be served without the
payment of fines, fees, restitution, or probation fees.
(2) Supervision for a pre-incarceration term of
probation shall be conducted by phone or other electronic
communication.
(3) The court's jurisdiction during a
pre-incarceration term of probation shall be the same as set
forth in Chapter 22 of Title 15 of the Code of Alabama of
1975.
(d) Any time a pregnant woman spends on a
pre-incarceration term of probation pursuant to this act shall
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 HB411 INTRODUCED
Page 5
pre-incarceration term of probation pursuant to this act shall
be credited to the woman's sentence or disposition.
(e) A pregnant woman serving a pre-incarceration term
of probation shall maintain perinatal health care, treatment,
and assessments and participate in education and resource
programs to the extent that they are available in her
community.
(f) A pregnant woman serving a pre-incarceration term
of probation shall report any pregnancy loss to her probation
officer within 72 hours of the loss. The court shall have
discretion to determine when a woman who loses a pregnancy
during a pre-incarceration term of probation shall surrender
herself to the Department of Corrections, the county jail, or
the municipal jail.
Section 4. This act shall become effective October 1,
2024.
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127