Alabama 2025 Regular Session

Alabama House Bill HB138 Compare Versions

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

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1	1	HB138INTRODUCED
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3	3	HB138
4	4	9NJHBPB-1
5	5	By Representative Hollis
6	6	RFD: Judiciary
7	7	First Read: 04-Feb-25
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12	12	5 9NJHBPB-1 01/27/2025 GP (L)lg 2024-2412
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14	14	First Read: 04-Feb-25
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
20	20	Childbirth Alternatives, Resources, and Education
21	21	(CARE) Act.
22	22	This bill would provide that each woman, upon
23	23	admission to a jail, shall inform the individual
24	24	conducting her initial intake medical screening if she
25	25	is pregnant or suspects she may be pregnant and shall
26	26	be assessed for pregnancy with a urine pregnancy test
27	27	within three days of her initial intake medical
28	28	screening, unless she declines the testing.
29	29	This bill would require a woman who tests
30	30	positive for pregnancy to be released on bail, provided
31	31	that the court determines that the woman does not pose
32	32	a significant threat to herself or others.
33	33	This bill would provide that, if a woman is
34	34	pregnant at the time she is sentenced to incarceration,
35	35	the court shall include a term of pre-incarceration
36	36	probation to be served until 12 weeks after the woman
37	37	gives birth, provided that the court determines that
38	38	the woman does not pose a significant threat to herself
39	39	or others.
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67	67	28 HB138 INTRODUCED
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69	69	or others.
70	70	This bill would allow any pre-incarceration term
71	71	of probation to be credited to the woman's sentence and
72	72	would require any pre-incarceration term of probation
73	73	to be served with certain electronic supervision and
74	74	without payment of any fines.
75	75	This bill would require a woman serving a
76	76	pre-incarceration term of probation to report the loss
77	77	of her pregnancy to her probation officer and would
78	78	give the court discretion as to when she should self
79	79	surrender following the pregnancy loss.
80	80	This bill would also require a woman serving a
81	81	pre-incarceration term of probation to self surrender
82	82	12 weeks after the birth of her child and would provide
83	83	that failure to surrender is a Class A misdemeanor.
84	84	A BILL
85	85	TO BE ENTITLED
86	86	AN ACT
87	87	Relating to incarceration; to adopt the Alabama Women's
88	88	Childbirth Alternatives, Resources, and Education Act; to
89	89	provide for the pregnancy testing of certain women after
90	90	admission to a jail; to provide for the supervised
91	91	pre-incarceration probation of a pregnant woman in certain
92	92	circumstances; to provide for the self surrender of a woman
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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 a woman to
126	126	follow if she loses her pregnancy while on pre-incarceration
127	127	probation.
128	128	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
129	129	Section 1. This act shall be known and may be cited as
130	130	the Alabama Women's Childbirth Alternatives, Resources, and
131	131	Education (CARE) Act.
132	132	Section 2.(a) Each woman, upon admission to a jail,
133	133	shall inform the individual conducting the initial intake
134	134	medical screening if she is pregnant or suspects that she may
135	135	be pregnant. Upon providing that information, the woman shall
136	136	be given a urine pregnancy test within three days of her
137	137	initial intake medical screening, unless the woman declines
138	138	testing. The results of the pregnancy test shall be used
139	139	solely for the purpose of determining pregnancy.
140	140	(b) If a woman given a pregnancy test pursuant to
141	141	subsection (a) tests positive for pregnancy, the result shall
142	142	be reported to the court and the county health department.
143	143	After receiving the report of the positive pregnancy test, the
144	144	court shall release the woman on bail, provided that the court
145	145	determines that the pregnant woman does not pose a significant
146	146	threat or danger to herself, to any person, to the community,
147	147	or to any property in the community.
148	148	Section 3.(a)(1) At the time of sentencing, when a
149	149	pregnant woman has been sentenced to a term of imprisonment,
150	150	the court shall include a term of probation that shall be
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180	180	the court shall include a term of probation that shall be
181	181	served pre-incarceration, provided that the court determines
182	182	that the pregnant woman does not pose a significant threat or
183	183	danger to herself, to any person, to the community, or to any
184	184	property in the community.
185	185	(2) The court shall allow a pregnant woman to be
186	186	supervised on a pre-incarceration term of probation for the
187	187	length of her pregnancy and for 12 weeks after the birth of
188	188	her child. The woman shall surrender herself to the Department
189	189	of Corrections, the county jail, or the municipal jail, as
190	190	applicable, 12 weeks after the birth of her child.
191	191	(b) Failure of a woman serving a pre-incarceration
192	192	term of probation to surrender herself to the Department of
193	193	Corrections, the county jail, or the municipal jail, as
194	194	applicable, 12 weeks after the birth of her child is a Class A
195	195	misdemeanor.
196	196	(c)(1) The payment of fines, fees, restitution, or
197	197	probation fees shall be suspended during a pre-incarceration
198	198	term of probation served under this section.
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 1975.
205	205	(d) Time served in a pre-incarceration term of
206	206	probation pursuant to this section shall be credited to the
207	207	woman's sentence or disposition.
208	208	(e) A pregnant woman serving a pre-incarceration term
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238	238	(e) A pregnant woman serving a pre-incarceration term
239	239	of probation shall maintain perinatal health care, treatment,
240	240	and assessments and participate in education and resource
241	241	programs to the extent that they are available in her
242	242	community.
243	243	(f) A pregnant woman serving a pre-incarceration term
244	244	of probation shall report any pregnancy loss to her probation
245	245	officer within 72 hours of the loss. The court shall have
246	246	discretion to determine when a woman who loses a pregnancy
247	247	during a pre-incarceration term of probation shall surrender
248	248	herself to the Department of Corrections, the county jail, or
249	249	the municipal jail.
250	250	Section 4. This act shall become effective on October
251	251	1, 2025.
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