HB411 Alabama 2024 Session

Summary

Primary Sponsor

Rolanda Hollis Representative

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

Description

Existing law does not allow a pregnant woman sentenced to incarceration to defer her sentence until after the birth of her child.

This bill would adopt the Alabama Women's Child Care Alternatives, Resources, and Education (CARE) Act.

This bill would provide that each woman, upon admission to a jail, shall inform the individual conducting her initial intake medical screening if she is pregnant or suspects she may be pregnant.

This bill would require each woman who informs the individual conducting her initial intake medical screening that she is or may be pregnant to be assessed for pregnancy with a urine pregnancy test within three days of her initial intake medical screening, unless she declines the testing.

This bill would require a woman who tests positive for pregnancy to be released on bail, provided that the court determines that the woman does not pose a significant threat.

This bill would provide that, if a woman is pregnant at the time she is sentenced to incarceration, the court shall include a term of pre-incarceration probation to be served until 12 weeks after the woman gives birth, provided that the court determines that HB411 INTRODUCED the woman does not pose a significant threat.

This bill would allow any pre-incarceration term of probation to be credited to the woman's sentence, and would provide that a pre-incarceration term of probation shall be served with certain electronic supervision and without payment of any fines.

This bill would require a woman serving a pre-incarceration term of probation to report the loss of her pregnancy to her probation officer and would give the court discretion as to when she should self surrender following the pregnancy loss.

This bill would also require a woman serving a pre-incarceration term of probation to self surrender 12 weeks after the birth of her child and provide that failure to surrender is a Class A misdemeanor.

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Subjects

Incarceration