HB411 Alabama 2024 Session

Summary

Primary Sponsor

Rolanda HollisRepresentative

Democrat

Session

Regular Session 2024

Title

Incarceration, supervised pre-incarceration probation for certain pregnant women provided for, self-surrender 12 weeks after birth required, criminal penalties for failure to surrender provided

Summary

HB411 would let pregnant women avoid immediate imprisonment by serving a pre-incarceration probation term until 12 weeks after birth, with surrender after birth and related screening and supervision.

What This Bill Does

The bill requires jail intake screening for pregnancy and a urine test within three days if pregnancy is suspected; positive results lead to bail release if the woman does not pose a significant threat. If a woman is pregnant at sentencing, the court must impose a pre-incarceration probation term to be served during pregnancy and for 12 weeks after birth, which can be credited toward the sentence and is supervised electronically without fines. The law also requires surrender 12 weeks after birth, reports pregnancy loss within 72 hours, and penalties for failing to surrender, while ensuring perinatal care and education access; the act takes effect on October 1, 2024.

Who It Affects

• Pregnant women admitted to jail or facing incarceration, who would undergo pregnancy screening, may be bailed if they test positive and pose no significant threat, and who would serve a pre-incarceration probation term during pregnancy and 12 weeks after birth with surrender requirements.
• Courts, jail and corrections agencies, probation officers, and county health departments, which would implement testing, oversee pre-incarceration probation, manage surrender timelines, report pregnancy test results, and enforce surrender penalties.

Key Provisions

• Upon jail admission, a woman must state whether she is pregnant or possibly pregnant; she shall receive a urine pregnancy test within three days unless she declines; test results are used only to determine pregnancy and reported to the court and county health department.
• If pregnancy is confirmed, the court must release her on bail if she does not pose a significant threat.
• At sentencing for a pregnant woman, the court shall include a pre-incarceration probation term to be served during pregnancy and for 12 weeks after birth, creditable to the sentence, supervised electronically, and without fines.
• The woman must surrender 12 weeks after birth; non-surrender is a Class A misdemeanor; any time spent on pre-incarceration probation is credited toward the sentence.
• If a pregnancy is lost while on pre-incarceration probation, the woman must report the loss within 72 hours; the court has discretion on when she should surrender after pregnancy loss; perinatal health care, treatment, and education should be provided as available.
• The act becomes effective October 1, 2024.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Incarceration