HB138INTRODUCED
Page 0
HB138
9NJHBPB-1
By Representative Hollis
RFD: Judiciary
First Read: 04-Feb-25
1
2
3
4
5 9NJHBPB-1 01/27/2025 GP (L)lg 2024-2412
Page 1
First Read: 04-Feb-25
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
Childbirth 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 and shall
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 to herself or others.
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
the woman does not pose a significant threat to herself
or others.
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 HB138 INTRODUCED
Page 2
or others.
This bill would allow any pre-incarceration term
of probation to be credited to the woman's sentence and
would require any pre-incarceration term of probation
to 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 would 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
Childbirth Alternatives, Resources, and Education 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
circumstances; to provide for the self surrender of a woman
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 HB138 INTRODUCED
Page 3
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 a woman to
follow if she 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 Childbirth 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. Upon providing that information, 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 the woman on bail, provided that the court
determines that the pregnant woman does not pose a significant
threat or danger to herself, to any person, to the community,
or to any property in the community.
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
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 HB138 INTRODUCED
Page 4
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 herself, 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 serving a pre-incarceration
term of probation to surrender herself to the Department of
Corrections, the county jail, or the municipal jail, as
applicable, 12 weeks after the birth of her child is a Class A
misdemeanor.
(c)(1) The payment of fines, fees, restitution, or
probation fees shall be suspended during a pre-incarceration
term of probation served under this section.
(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 1975.
(d) Time served in a pre-incarceration term of
probation pursuant to this section shall be credited to the
woman's sentence or disposition.
(e) A pregnant woman serving a pre-incarceration term
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 HB138 INTRODUCED
Page 5
(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 on October
1, 2025.
113
114
115
116
117
118
119
120
121
122
123
124
125