HB 54

HB54 INTRODUCED
1 HB54
2 RBVVZYY-1
3 By Representative Hollis
4 RFD: Judiciary
5 First Read: 13-Jan-26
6 PFD: 05-Nov-25
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RBVVZYY-1 07/24/2025 GP (L)lg 2025-2211
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4 SYNOPSIS:
5Existing law does not allow a pregnant woman
6sentenced to incarceration to defer her sentence until
7after the birth of her child.
8This bill would adopt the Alabama Women's
9Childbirth Alternatives, Resources, and Education
10(CARE) Act to provide that if a woman is admitted to a
11jail, she must inform the individual conducting her
12initial intake medical screening if she is pregnant or
13suspects she may be pregnant and would require the
14woman to be assessed for pregnancy with a urine
15pregnancy test within three days of her initial intake
16medical screening, unless she declines the testing.
17This bill would require a woman who tests
18positive for pregnancy to be released on bail, provided
19that the court determines that the woman does not pose
20a significant threat to herself or others.
21This bill would provide that, if a woman is
22pregnant at the time she is sentenced to incarceration,
23the court shall include a term of pre-incarceration
24probation to be served until 12 weeks after the woman
25gives birth, provided that the court determines that
26the woman does not pose a significant threat to herself
27or others.
28This bill would allow any pre-incarceration term
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29of probation to be credited to the woman's sentence and
30would require any pre-incarceration term of probation
31to be served with certain electronic supervision and
32without payment of any fines.
33This bill would require a woman serving a
34pre-incarceration term of probation to report the loss
35of her pregnancy to her probation officer and would
36give the court discretion as to when she should
37self-surrender following the pregnancy loss.
38This bill would also require a woman serving a
39pre-incarceration term of probation to self-surrender
4012 weeks after the birth of her child and would provide
41that failure to surrender is a Class A misdemeanor.
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43
44A BILL
45TO BE ENTITLED
46AN ACT
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48Relating to incarceration; to adopt the Alabama Women's
49 Childbirth Alternatives, Resources, and Education Act; to
50 provide for the pregnancy testing of certain women after
51 admission to a jail; to provide for the supervised
52 pre-incarceration probation of a pregnant woman in certain
53 circumstances; to provide for the self-surrender of a woman
54 serving a pre-incarceration term of probation 12 weeks after
55 the birth of her child; to provide for criminal penalties for
56 failure to surrender; and to provide procedures for a woman to
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57 follow if she loses her pregnancy while on pre-incarceration
58 probation.
59 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
60Section 1. This act shall be known and may be cited as
61 the Alabama Women's Childbirth Alternatives, Resources, and
62 Education (CARE) Act.
63Section 2. (a) Upon the admission of each woman a jail,
64 the individual conducting the initial intake medical screening
65 shall ask the woman whether she is pregnant or suspects that
66 she may be pregnant. If the woman is pregnant or suspects she
67 may be pregnant, the woman shall be given a urine pregnancy
68 test within three days of her initial intake medical
69 screening, unless the woman declines testing. The results of
70 the pregnancy test shall be used solely for the purpose of
71 determining pregnancy.
72(b) If a woman given a pregnancy test pursuant to
73 subsection (a) tests positive for pregnancy, the result shall
74 be reported to the court and the county health department.
75 After receiving the report of the positive pregnancy test, the
76 court shall release the woman on bail, provided that the court
77 determines that the pregnant woman does not pose a significant
78 threat or danger to herself, to any person, to the community,
79 or to any property in the community.
80Section 3. (a)(1) At the time of sentencing, when a
81 pregnant woman has been sentenced to a term of imprisonment,
82 the court shall include a term of probation that shall be
83 served pre-incarceration, provided that the court determines
84 that the pregnant woman does not pose a significant threat or
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85 danger to herself, to any person, to the community, or to any
86 property in the community.
87(2) The court shall allow a pregnant woman to be
88 supervised on a pre-incarceration term of probation for the
89 length of her pregnancy and for 12 weeks after the birth of
90 her child.
91(3) The court shall order a woman released pursuant to
92 this act to surrender herself to the Department of
93 Corrections, the county jail, or the municipal jail, as
94 applicable, 12 weeks after the birth of her child.
95(b) The failure of a woman serving a pre-incarceration
96 term of probation to surrender herself to the Department of
97 Corrections, the county jail, or the municipal jail, as
98 ordered by the court, after the birth of her child is a Class
99 A misdemeanor.
100(c)(1) The court shall not assess any fines, fees,
101 restitution, or probation fees during a pre-incarceration term
102 of probation served under this section.
103(2) Supervision for a pre-incarceration term of
104 probation shall be conducted by phone or other electronic
105 communication.
106(3) The court's jurisdiction during a pre-incarceration
107 term of probation shall be the same as set forth in Chapter 22
108 of Title 15 of the Code of Alabama 1975.
109(d) Time served in a pre-incarceration term of
110 probation pursuant to this section shall be credited to the
111 woman's sentence or disposition.
112(e) A pregnant woman serving a pre-incarceration term
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113 of probation shall maintain perinatal health care, treatment,
114 and assessments and participate in education and resource
115 programs to the extent that they are available in her
116 community.
117(f) A pregnant woman serving a pre-incarceration term
118 of probation shall report any pregnancy loss to her probation
119 officer within 72 hours of the loss. The court shall have
120 discretion to determine when a woman who loses a pregnancy
121 during a pre-incarceration term of probation shall surrender
122 herself to the Department of Corrections, the county jail, or
123 the municipal jail.
124Section 4. This act shall become effective on October
125 1, 2026.
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