Pregnant women could defer prison sentences under proposed law

An Alabama representative has filed a bill that would allow a woman who is pregnant while sentenced to incarceration to defer her sentence until 12 weeks after the child is born.

Rep. Rolanda Hollis, D-Birmingham, filed HB138, which gives a judge the discretion to allow justice-impacted women to be released on bail and provide postpartum care for up to 12 weeks after the birth of a child. 

The bill would be known as the Alabama Women’s Childbirth Alternatives, Resources, and Education Act.

Alabama state law does not currently allow pregnant women to defer their sentences. If this bill passes, upon intake, women who are pregnant or suspect they may be pregnant can request a urine pregnancy test within three days of the initial intake medical screening.

A report from the advocacy group Pregnancy Justice revealed that Alabama arrested 649 pregnant women between 2006 and 2022, more than any other state during that period and almost as many arrests as documented in all other states combined. 

Many lawmakers have called for a renewed focus on maternal health and rural healthcare this legislative session. It’s estimated that 40 percent of incarcerated women in Alabama report unmet medical needs, and Alabama has one of the highest female incarceration rates in the Southeast, coupled with the third-highest infant mortality rate in the country.

If she tests positive, the results would be sent to the court and the county health department. This law would then require her to be released on bail, as long as she does not present a relevant threat to herself or others. The individual would then serve a pre-incarceration term of probation until 12 weeks after giving birth.

A 12-week extension after the birth would allow for the person to provide postpartum care for the child outside of a correctional facility. Currently, infants are taken away from their mothers in correctional facilities 24 hours after the birth. 

Under the bill, any probation time served before incarceration would count toward the total sentence. It also specifies that women on probation before their incarceration must serve that probation with electronic monitoring, either by phone or other electronic communication. She would not be required to pay court fines, fees or restitution during this period.

Additionally, if a woman loses her pregnancy while on probation, she is required to inform her probation officer within 72 hours. The court would have the discretion to decide when and where she should self-surrender following the loss, either to the Department of Corrections, a county jail or a municipal jail. If they fail to comply, they could face a Class A misdemeanor charge.

The bill awaits action in the House Judiciary Committee.