S 385

South Carolina General Assembly
126th Session, 2025-2026
Bill 385
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter
Stricken
Indicates New Matter
Committee Amendment Adopted
April 16, 2026
S. 385
Introduced by Senators Devine, Walker, Zell,
Jackson, Tedder, Garrett and Sutton
S. Printed 4/16/26--S.
Read the first time February 26, 2025
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE
"WOMEN'S CHILDBIRTH ALTERNATIVES, RESOURCES, AND EDUCATION (CARE) ACT" BY
ADDING ARTICLE 21, CHAPTER 13 TO TITLE 24 SO AS TO PROVIDE FOR PREGNANCY
TESTING OF CERTAIN WOMEN AFTER ADMISSION TO CERTAIN INCARCERATION FACILITIES,
THE SUPERVISED PREINCARCERATION PROBATION OF PREGNANT WOMEN UNDER CERTAIN
CIRCUMSTANCES, THE SELF SURRENDER OF WOMEN SERVING PREINCARCERATION TERMS OF
PROBATION TWELVE WEEKS AFTER THE BIRTH OF THEIR CHILDREN, CRIMINAL PENALTIES FOR
FAILURE TO SURRENDER, PROCEDURES FOR WOMEN TO FOLLOW IF THEY LOSE THEIR
PREGNANCIES WHILE ON PREINCARCERATION PROBATION, AND CERTAIN REPORTING
REQUIREMENTS.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "South Carolina Women's Childbirth
Alternatives, Resources, and Education (CARE or WCA) Act."
SECTION 2.  Chapter 13, Title 24 of the S.C. Code is amended by
adding:
Article 21
"South Carolina Women's Childbirth Alternatives,
Resources, and Education (CARE or WCA) Act"
    Section
24-13-2210.  (A) For purposes of
this section:
       (1)
"Pregnant or postpartum defendant" means a person who is pregnant or within one
year after the end of pregnancy, regardless of outcome.
       (2)
"Newborn" means a child under one year of age.
       (3)
"Stay of execution of sentence" means a court-ordered delay in incarceration
after sentencing.
       (4)
"Deferred sentencing" means postponement of sentencing until not earlier than
twelve (12) weeks and not later than twelve (12) months postpartum, unless
earlier sentencing is warranted by extraordinary circumstances.
    (B)
Upon verified notice that a defendant, charged or convicted of a non-violent
offense, as defined in Section 16-1-70, is pregnant or postpartum, there is a
rebuttable presumption against immediate incarceration. If incarceration is
ordered, the court must make written findings that the defendant poses a
substantial and specific risk to public safety that outweighs the medical,
psychological, and social risks associated with incarceration.
    (C)(1) For nonviolent offenses, as
defined in Section 16-1-70, prosecutors and courts shall consider pregnancy or
postpartum status in determining eligibility for, and terms of, diversion or
deferred adjudication, consistent with public safety and program criteria,
unless the defendant declines. The South Carolina Department of Probation,
Parole and Pardon Services will manage and oversee pre-incarceration terms of
pregnant defendants as directed by the Court of General Sessions.
       (2)
A pregnant defendant must have sentencing deferred not earlier than twelve (12)
weeks and not later than twelve (12) months postpartum unless good cause is
shown for earlier sentencing unless pregnant defendant declines.
       (3)
During deferment, the court may require supervision and participation in
health, parenting, or behavioral programs.
       (4)
Upon successful completion of deferment, the court may reduce or suspend the
custodial term or convert it to community supervision.
    (D)
If a custodial sentence is imposed, the court may stay execution through the
end of pregnancy for not earlier than twelve (12) weeks and not later than
twelve (12) months postpartum. The defendant's bond and conditions remain in
effect.
    (E)
Medical information related to pregnancy or postpartum status is confidential
and may be disclosed only to the court, defense counsel, and the solicitor as
necessary.
    (F)
An individual in custody may request a pregnancy test at any time after
admission to a local detention facility, Department of Juvenile Justice
facility, or Department of Corrections facility. The test must be provided
within seventy-two (72) hours, and results are confidential medical information
used solely for care and treatment.
    (G)
Beginning on January 1, 2028, and annually thereafter, the Department of
Corrections, Department of Juvenile Justice, and each local detention facility
shall report to the Department of Health and Human Services:
       (1)
data collected under subsection (F);
       (2)
the total number of incarcerated women;
       (3)
the total number of pregnant women; and
       (4)
the total number of women who declined deferred sentencing.
    (H)
Reports submitted under subsection (G) must exclude personally identifying
information and comply with all federal and state privacy laws, including the
Health Insurance Portability and Accountability Act of 1996 (HIPAA).
    (I)
It is the intent of the General Assembly that a pregnant woman temporarily held
in a local detention facility pending transfer to the custody of the Department
of Corrections be transferred as expeditiously as possible. The Department of
Corrections and local law enforcement agencies shall make reasonable efforts to
facilitate such transfer without delay. This subsection does not apply to
individuals sentenced directly to serve their sentences in a local detention
facility.
SECTION 3.  Chapter 11, Title 19 of the S.C. Code is amended by
adding:
    Section
19-11-120. Information obtained solely through pregnancy testing, prenatal or
postpartum care, or behavioral-health screening during pregnancy shall be
inadmissible in criminal prosecutions except when independently and lawfully
obtained.
SECTION 4.  Section 24-21-410 of the S.C. Code is amended to read:
    Section
24-21-410. (A) After conviction or plea for any offense, except a
crime punishable by death or life imprisonment, the judge of a court of record
with criminal jurisdiction at the time of sentence may suspend the imposition
or the execution of a sentence and place the defendant on probation or may
impose a fine and also place the defendant on probation. Probation is a form of
clemency. Before a defendant may be placed on probation, he must agree in
writing to be subject to a search or seizure, without a search warrant, based
on reasonable suspicions, of the defendant's person, any vehicle the defendant
owns or is driving, and any of the defendant's possessions by:
    (1)
any probation agent employed by the Department of Probation, Parole and Pardon
Services; or
    (2)
any other law enforcement officer.
    A defendant may not be
placed on probation by the court if he fails to comply with this provision and
instead must be required to serve the suspended portion of the defendant's
sentence. However, a defendant who was convicted of or pled guilty or nolo contendere
to a Class C misdemeanor or an unclassified misdemeanor that carries a term of
imprisonment of not more than one year may not include the requirement that the
defendant agree to be subject to search or seizure, without a search warrant,
with or without cause, of the defendant's person, any vehicle the defendant
owns or is driving, or any of the defendant's possessions.
    Immediately before
each search or seizure pursuant to this section, the law enforcement officer
seeking to conduct the search or seizure must verify with the Department of
Probation, Parole and Pardon Services or by any other means available to the
officer that the individual upon whom the search or seizure will be conducted
is currently on parole. A law enforcement officer conducting a search or
seizure without a warrant pursuant to this section shall report to the law
enforcement agency that employs him all of these searches or seizures, which
shall include the name, address, age, gender, and race or ethnicity of the
person that is the subject of the search or seizure. The law enforcement agency
shall submit this information at the end of each month to the Department of
Probation, Parole and Pardon Services for review of abuse. A finding of abuse
of the use of searches or seizures without a search warrant must be reported by
the Department of Probation, Parole and Pardon Services to the State Law Enforcement
Division for investigation. If the law enforcement officer fails to report each
search or seizure pursuant to this section, he is subject to discipline
pursuant to the employing agency's policies and procedures.
    (B) If the defendant is pregnant or in
a post-partum period, the judge may impose a term of incarceration to begin not
earlier than twelve week (12) weeks and not later than twelve (12) months post-partum.
During the pregnancy and post-partum period, the judge may place the defendant
on probation, subject to the standard conditions of supervision and other
special conditions, as the judge may order. Upon the expiration of the
post-partum period, the defendant must surrender to the jail of the county of
conviction for the imposition of the incarceration sentence. During this period
of probation, agents or the court may respond to violations by pregnant or
post-partum defendants according to Sections 24-21-450 and 24-21-460.
SECTION 5.  Section 24-21-430 of the S.C. Code is amended to read:
    Section
24-21-430. The court may impose by order duly entered
and may at any time modify the conditions of probation and may include among
them any of the following or any other condition not prohibited in this
section; however, the conditions imposed must include the requirement that the
probationer must permit the search or seizure, without a search warrant, based
on reasonable suspicions, of the probationer's person, any vehicle the
probationer owns or is driving, and any of the probationer's possessions by:
    (1)
any probation agent employed by the Department of Probation, Parole and Pardon
Services; or
    (2)
any other law enforcement officer, but the conditions imposed upon a
probationer who was convicted of or pled guilty or nolo contendere to a Class C
misdemeanor or an unclassified misdemeanor that carries a term of imprisonment
of not more than one year may not include the requirement that the probationer
agree to be subject to search or seizure, without a search warrant, with or
without cause, of the probationer's person, any vehicle the probationer owns or
is driving, or any of the probationer's possessions.
    By enacting this
provision, the General Assembly intends to provide law enforcement with a means
of reducing recidivism and does not authorize law enforcement officers to
conduct searches for the sole purpose of harassment. Immediately before each
search or seizure pursuant to this section, the law enforcement officer seeking
to conduct the search or seizure must verify with the Department of Probation,
Parole and Pardon Services or by any other means available to the officer that
the individual upon whom the search or seizure will be conducted is currently
on probation. A law enforcement officer conducting a search or seizure without
a warrant pursuant to this section shall report to the law enforcement agency
that employs him all of these searches or seizures, which shall include the
name, address, age, gender, and race or ethnicity of the person that is the
subject of the search or seizure. The law enforcement agency shall submit this
information at the end of each month to the Department of Probation, Parole and
Pardon Services for review of abuse. A finding of abuse of the use of searches
or seizures without a search warrant must be reported by the Department of
Probation, Parole and Pardon Services to the State Law Enforcement Division for
investigation. If the law enforcement officer fails to report each search or
seizure pursuant to this section, he is subject to discipline pursuant to the
employing agency's policies and procedures.
    To effectively
supervise probationers, the director shall develop policies and procedures for
imposing conditions of supervision on probationers. These conditions may
enhance but must not diminish court imposedcourt-imposed conditions. When a
defendant is pregnant or postpartum, conditions of probation shall consider
maternal and infant health, including access to medical care, treatment, and
parenting education.
    The probationer shall:
    (1)
refrain from the violations of any state or federal penal laws;
    (2)
avoid injurious or vicious habits;
    (3)
avoid persons or places of disreputable or harmful character;
    (4)
permit the probation agent to visit at his home or elsewhere;
    (5)
work faithfully at suitable employment as far as possible;
    (6)
pay a fine in one or several sums as directed by the court;
    (7)
perform public service work as directed by the court;
    (8)
submit to a urinalysis or a blood test or both upon request of the probation
agent;
    (9)
submit to curfew restrictions;
    (10)
submit to house arrest which is confinement in a residence for a period of
twenty-four hours a day, with only those exceptions as the court may expressly
grant in its discretion;
    (11)
submit to intensive surveillance which may include surveillance by electronic
means;
    (12)
support his dependents; and
    (13)
follow the probation agent's instructions and advice regarding recreational and
social activities.
SECTION 6.  Chapter 15, Title 17 of the S.C. Code is amended by
adding:
    Section
17-15-45.  At any bond hearing, when notice of pregnancy or postpartum status
is provided, the court shall consider such status when determining conditions
of release.
SECTION 7.  Chapter 27, Title 17 of the S.C. Code is amended by
adding:
    Section
17-27-170. (A) A solicitor may at
any time recommend, by motion to the court, recall of sentence and move the
court to re-sentence a pregnant or postpartum defendant in the interests of
justice.
    (B)
Upon receipt of the motion, the court shall schedule a hearing, notify victims
in accordance with the South Carolina Crime Victims' Bill of Rights (Article
15, Chapter 3, Title 16), and determine whether continued incarceration poses
an unreasonable risk to public safety.
    (C)
Upon recall, the court shall:
       (1)
reduce the term of imprisonment;
       (2)
convert incarceration to probation or community supervision;
       (3)
stay the sentence through the postpartum period pursuant to Section 24-13-2210;
or
       (4)
impose rehabilitative or maternal-health conditions.
    (D)
Resentencing under this section shall not increase the original sentence, and
is not subject to the time restrictions contained in Rule 29(a), South Carolina
Rules of Criminal Procedure.
SECTION 8.  Nothing
in this Act shall be construed to authorize criminalization or surveillance of
pregnancy outcomes, miscarriage, or abortion, or to limit greater protections
afforded under federal or state law.
SECTION 9.  This Act shall take effect January 1,
2027, and the first annual report required under Section 24-13-2210(G) shall be
submitted to the Department of Health and Human Services by January 1, 2028.
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This web page was last updated on April 16, 2026 at 03:50 PM