State Representative Rolanda Hollis, D-Birmingham, has introduced legislation that would allow pregnant women sentenced to prison to postpone their sentences until after the birth of their children.
Advocates of the bill are optimistic that it will reduce the alarmingly high rates of maternal and infant mortality in the state.
According to the text of the bill, HB38, also known as the Women’s Childbirth Alternatives, Resources, and Education (CARE) Act, mandates the release on bail of a woman who tests positive for pregnancy upon being admitted to jail. This would be contingent upon the court determining that the woman does not pose a significant threat to herself or others.
Upon admission to a jail, it is required for every woman to inform the person conducting her initial intake medical screening if she is pregnant or suspects she may be pregnant, as stated in the bill.
Within three days of her initial intake medical screening, the bill states that she will undergo a urine pregnancy test to determine if she is pregnant, unless she chooses not to undergo the testing.
The bill requires the court to include a period of pre-incarceration probation for pregnant women who are sentenced to imprisonment. This probation will continue until 12 weeks after the woman has given birth.
After the completion of these 12 weeks, the woman will need to turn herself in.
If someone fails to comply with this requirement, they could be charged with a Class A misdemeanor. This is a serious offense that can result in up to one year of imprisonment and a fine of $6,000, as specified by state law.
According to the bill, the woman’s pre-incarceration probation term will be taken into account and applied towards her sentence. During this period, she will be under electronic supervision and will not be required to pay any fines.
The proposed legislation states that if a woman experiences a miscarriage while on probation, she would be obligated to notify her probation officer. Additionally, the court would have the authority to determine the appropriate timing for the woman to surrender herself after the loss of her pregnancy.
“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.”