HB138 Alabama 2025 Session

Summary

Primary Sponsor

Rolanda HollisRepresentative

Democrat

Session

2025 Regular Session

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

HB138 creates the Alabama CARE Act to test pregnant inmates, allow pre-incarceration probation through birth, and set surrender rules after birth with penalties for failure to surrender.

What This Bill Does

It requires jail intake to test for pregnancy within three days unless the woman declines. If the test is positive, the court shall release the woman on bail if she does not pose a significant threat to herself or others. If a woman is pregnant at sentencing, the court must include a pre-incarceration probation term to be served through the pregnancy and for 12 weeks after birth, with time credited toward her sentence and supervised electronically without fines. The woman must surrender 12 weeks after birth; failing to surrender is a Class A misdemeanor; the bill also requires reporting of pregnancy loss and allows the court discretionary timing on surrender after loss.

Who It Affects

• Pregnant women who are admitted to jail or sentenced to incarceration, who would be screened for pregnancy, may be released on bail, and may serve a pre-incarceration probation through birth.
• The criminal justice system actors (courts, Department of Corrections, county/municipal jails, probation officers) and public health agencies who would administer testing, supervise pre-incarceration probation, enforce surrender deadlines, and coordinate perinatal care and resources.

Key Provisions

• Screening and bail: Requires pregnancy testing within three days of jail intake (tested unless declined); if positive, the court must release the woman on bail provided she does not pose a significant threat.
• Pre-incarceration probation and surrender: If pregnant at sentencing, the court must impose a pre-incarceration probation term through pregnancy and 12 weeks after birth, credit time to the sentence, supervise electronically with no fines, require surrender 12 weeks after birth, and make failure to surrender a Class A misdemeanor; also includes reporting pregnancy loss and discretionary surrender timing after loss, with an effective date of October 1, 2025.

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