State Rep. Rolanda Hollis, D-Birmingham, has filed a bill that would allow pregnant women sentenced to incarceration to defer their sentences until after the birth of their child.
Proponents of the bill are hopeful that it will bring down high maternal and infant mortality rates in the state.
HB38, also called the Women’s Childbirth Alternatives, Resources, and Education (CARE) Act, would require a woman who tests positive for pregnancy upon admission to jail to be released on bail, provided that the court determines that the woman does not pose a significant threat to herself or others, according to its text.
The bill states that each woman, upon admission to a jail, is to inform the individual conducting her initial intake medical screening if she is pregnant or suspects she may be pregnant,
She will then be assessed for pregnancy with a urine pregnancy test within three days of her initial intake medical screening, unless she declines the testing, the bill says.
If a woman is pregnant at the time she is sentenced to incarceration, the bill mandates that the court include a term of pre-incarceration probation to be served until 12 weeks after the woman gives birth.
After these 12 weeks, the woman would be required to self-surrender.
Failure to do so would count as a Class A misdemeanor, punishable by up to one year in jail and a $6,000 fine, according to state law.
The pre-incarceration probation term would be credited to the woman’s sentence and would be served with certain electronic supervision and without payment of any fines, the bill states.
It adds that a woman would be required to report a 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.
“The urgency of this legislation is underscored by the current state of Alabama’s correctional system ‚” reads a statement from women’s advocacy group RestoreHER U.S. America.
“The Department of Justice’s ongoing investigation has highlighted severe deficiencies in medical care and mental health services within our facilities.”
“…Alabama has one of the highest female incarceration rates in the Southeast and our state has the 3rd highest infant mortality rate in the country,” it continues.
“HB 138…would implement comprehensive reforms to significantly improve child welfare, healthcare access, and holistic wellness services for justice-impacted women throughout the state.”
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Publish date : 2025-02-13 07:38:00
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