Detention and incarceration of pregnant and postpartum defendants.

Plain English Breakdown

The exact impact on jail populations is uncertain without current data.

Rules for Pregnant and New Mom Prisoners

This law makes it less likely that pregnant or new mom defendants will be kept in jail before their trial or after they are found guilty, unless there is a significant safety risk.

What This Bill Does

• Makes it less likely that judges will keep pregnant or new mom defendants in jail by creating a presumption against detention and incarceration if the defendant informs the court of their pregnancy status.
• Requires judges to provide specific reasons on record if they decide to detain or incarcerate a pregnant or postpartum defendant, stating that public safety risks outweigh the risk of incarceration.
• Allows people arrested while possibly being pregnant or new moms to request a pregnancy test within 24 hours and jails must provide this test.
• Requires county jails to keep track of how many women are pregnant when they are in jail.
• Lets pregnant or postpartum defendants ask for their sentence to be delayed until after giving birth or finishing the postpartum period.

Who It Names or Affects

• Pregnant and new mom defendants who might be put in jail before or after a trial.
• Judges deciding whether to keep someone in jail during legal proceedings.
• County jails that must provide pregnancy tests and track pregnant inmates.

Terms To Know

rebuttable presumption

A rule that makes something likely, but can be changed if there's good reason to do so.

postpartum period

The time after giving birth when a new mom is recovering and adjusting to having a baby.

Limits and Unknowns

• This law might make jails have to spend more money on pregnancy tests and record-keeping.
• It's not clear how many pregnant women are in jail right now, so it's hard to know exactly how this will change things.
• The state may need to give money to local jails if the new rules cost them extra.

Official Summary Text

AB 923, as introduced, Quirk-Silva.
Detention and incarceration of pregnant and postpartum defendants.
Existing law gives a judge discretion when deciding various matters in a criminal proceeding, including, among other things, issuing bail or releasing a defendant on their own recognizance, accepting a diversion or deferred entry of judgment agreement, and imposing sentences and granting probation.
This bill would, when a court is exercising its discretion with regard to these matters, make a rebuttable presumption against detention and incarceration of a pregnant or postpartum defendant, as defined, if the defendant provides the court and district attorney with notice of the defendant’s status as a pregnant or postpartum defendant at each applicable stage of the proceedings. The bill would require a court that decides to detain or incarcerate a defendant after this consideration to make specific findings on the record that the risk to public
safety or any other factor the court is required to consider is substantial enough to outweigh the risk of incarceration, as specified.
The bill would authorize a person who may be pregnant or postpartum and who is arrested or in custody in a county jail to request a pregnancy test upon or following admission to the county jail and would require the county jail to provide a pregnancy test upon request and allow the person to take the pregnancy test within 24 hours after the request. The bill would require a county jail to keep a record of specified information, including the total number of incarcerated pregnant people at that county jail. By imposing additional duties on county jails, this bill would impose a state-mandated local program.
The bill would authorize a pregnant or postpartum defendant to request a stay of execution of their sentence by filing a written request to the court if the pregnant or postpartum
defendant is detained or incarcerated in a county jail for any period of time through the end of the pregnancy or the postpartum period, except as specified. The bill would require the court to apply the rebuttable presumption above when considering whether to grant that stay of execution. The bill would authorize a court to order a stay of execution of the sentence for any period of time through the end of the pregnancy or the postpartum period.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

Download Bill PDF