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HB54 INTRODUCED
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HB54
RBVVZYY-1
By Representative Hollis
RFD: Judiciary
First Read: 13-Jan-26
PFD: 05-Nov-25
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RBVVZYY-1 07/24/2025 GP (L)lg 2025-2211
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PFD: 05-Nov-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 to provide that if a woman is admitted to a
jail, she must inform the individual conducting her
initial intake medical screening if she is pregnant or
suspects she may be pregnant and would require the
woman 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 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.
This bill would allow any pre-incarceration term
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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
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
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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) Upon the admission of each woman a jail,
the individual conducting the initial intake medical screening
shall ask the woman whether she is pregnant or suspects that
she may be pregnant. If the woman 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 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
served pre-incarceration, provided that the court determines
that the pregnant woman does not pose a significant threat or
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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.
(3) The court shall order a woman released pursuant to
this act 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.
(b) The 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
ordered by the court, after the birth of her child is a Class
A misdemeanor.
(c)(1) The court shall not assess any fines, fees,
restitution, or probation fees 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
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(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, 2026.
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