HB54 Alabama 2026 Session

Summary

Primary Sponsor

Rolanda HollisRepresentative

Democrat

Session

2026 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

HB54 would create a CARE Act framework allowing pregnant women sentenced to incarceration to serve a pre-incarceration probation period, require pregnancy testing in jail intake, and mandate self-surrender 12 weeks after birth, with penalties for failure to surrender.

What This Bill Does

Jail intake would require asking about pregnancy and performing a urine pregnancy test within three days if pregnancy is suspected or known. If the test is positive, the court must release the woman on bail if she does not pose a significant threat. If she is pregnant at sentencing, the court must include a pre-incarceration probation term that covers the pregnancy and 12 weeks after birth, with time credited toward the sentence and supervised electronically, and no fines. If pregnancy loss occurs, she must report it within 72 hours and the court may decide when she should surrender after the loss; if birth occurs, surrender must happen 12 weeks after birth, and a failure to surrender is a Class A misdemeanor.

Who It Affects

• Pregnant women admitted to jail or sentenced to incarceration would be tested for pregnancy, may be released on bail if positive and not a threat, and could serve a supervised pre-incarceration probation with no fines and surrender after birth.
• Courts, jails, the Department of Corrections, probation offices, and county health departments would administer the testing, supervise the pre-incarceration probation, track pregnancy outcomes, and enforce surrender rules and penalties.

Key Provisions

• Adopt the Alabama CARE Act to require pregnancy testing in jail intake within three days for pregnant or potentially pregnant women.
• If a pregnancy test is positive, report to the court and county health department; the court shall release the woman on bail if she does not pose a significant threat.
• When a pregnant woman is sentenced to imprisonment, the court must include a pre-incarceration probation term lasting through the pregnancy and 12 weeks after birth; the term is creditable toward the sentence and supervised electronically with no fines.
• During pre-incarceration probation, the woman must maintain perinatal health care and participate in education and resource programs available locally.
• The woman must report any pregnancy loss within 72 hours; the court has discretion on when surrender occurs after the loss; if birth occurs, surrender must occur 12 weeks after birth.
• Failure to surrender after birth is a Class A misdemeanor.
• No fines, fees, restitution, or probation fees may be charged during the pre-incarceration term.
• The act becomes effective October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Incarceration