Plain English Breakdown
The exact definition of 'postpartum period' is not provided in the summary text, only that it is defined by the bill.
AB-923: Rules on Detaining Pregnant and Postpartum Defendants
This law creates a rule that courts should not jail pregnant or postpartum defendants unless public safety risks are substantial, requires county jails to provide pregnancy tests within 24 hours of request, and allows these defendants to ask for their sentences to be paused.
What This Bill Does
- Creates a rebuttable presumption against detaining or incarcerating pregnant or postpartum defendants if they notify the court and district attorney of their status at each applicable stage.
- Requires courts to write down specific reasons on the record showing that public safety risks outweigh other factors before deciding to jail someone despite this rule.
- Allows people in county jails who may be pregnant or postpartum to request a pregnancy test upon admission, requiring the jail to provide and allow them to take it within 24 hours of the request.
- Requires county jails to keep records including the total number of incarcerated pregnant people.
- Authorizes defendants detained in county jail through the end of their pregnancy or postpartum period to file a written request for a stay (pause) of their sentence execution.
Who It Names or Affects
- Pregnant and postpartum criminal defendants who are notified at each stage of proceedings.
- County jails that must provide tests, keep records, and allow testing within 24 hours.
- Judges making decisions on bail, diversion, sentencing, probation, or stays of execution for these cases.
- District attorneys who receive notice of a defendant's pregnancy status.
Terms To Know
- Rebuttable presumption
- A rule that assumes detention is not allowed unless the court finds strong reasons, such as public safety risks, to do otherwise.
- Stay of execution
- An order from a court to pause or delay carrying out a sentence for a specific time.
- Postpartum period
- The time after giving birth, as defined by the bill's rules.
Limits and Unknowns
- Courts can still detain or incarcerate these defendants if they find public safety risks are substantial enough to outweigh other factors.
- State reimbursement for local costs depends on a future determination by the Commission on State Mandates.
- The bill text does not specify exactly how long the 'postpartum period' lasts.