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
HB138 would create the Alabama Women’s Childbirth Alternatives, Resources, and Education (CARE) Act, a new framework for handling certain pregnant women who are admitted to jail or sentenced to incarceration. Upon jail intake, a woman would be required to disclose whether she is pregnant or suspects pregnancy and, unless she declines, receive a urine pregnancy test within three days. If the test is positive, the result would be reported to the court and county health department, and the court would be required to release the woman on bail if she does not pose a significant threat or danger to herself, others, the community, or property.
For pregnant women sentenced to imprisonment, the bill would require the court to impose a pre-incarceration term of probation lasting through the pregnancy and for 12 weeks after birth, again only if the court finds no significant safety risk. During that period, supervision would be conducted by phone or other electronic communication, and payment of fines, fees, restitution, and probation fees would be suspended. The time on pre-incarceration probation would count toward the sentence, and the woman would be required to maintain perinatal health care and participate in available education and resource programs. If the pregnancy ends before birth, the woman must report the loss within 72 hours, and the court would decide when she must surrender.
The bill also sets a mandatory surrender deadline: 12 weeks after the birth of the child, the woman must turn herself in to the Department of Corrections, county jail, or municipal jail, as applicable. Failure to surrender would be a Class A misdemeanor. The act would take effect October 1, 2025.
HB138 would amend Alabama’s criminal justice and sentencing practices by creating a special pre-incarceration probation and bail process for pregnant women, along with related reporting, supervision, and surrender requirements. It would affect courts, jails, probation authorities, county health departments, and pregnant defendants sentenced to incarceration, and it would effectively delay confinement for qualifying women while preserving the underlying sentence through credited probation time.
The available context shows no recorded committee debate or votes, and the bill’s last action was indefinitely postponed. That suggests the measure did not advance, and there is no documented floor or committee sentiment in the provided materials. Based on the text alone, the bill appears designed to support maternal and prenatal health while balancing public-safety screening and post-birth surrender requirements.
HB138 would create a new statutory scheme for pregnant women in the criminal justice system, requiring pregnancy screening at jail intake, mandatory reporting of positive tests to courts and county health departments, and conditional release on bail for qualifying defendants. It would also require courts to impose pre-incarceration probation for pregnant women sentenced to imprisonment, suspend financial supervision obligations during that period, allow electronic supervision, and credit the probation time toward the sentence. The bill would add a new misdemeanor penalty for failure to surrender after the post-birth period and establish procedures for pregnancy loss during probation.
No committee transcripts or vote records were provided, so there is no direct evidence of legislative debate or recorded support/opposition. The bill’s text reflects a policy approach that is generally protective and health-oriented toward pregnant incarcerated women, while still including public-safety findings and a criminal penalty for noncompliance. Its indefinite postponement indicates it did not move forward, but the available record does not explain whether that was due to substantive disagreement, procedural timing, or other reasons.
The main points of contention likely concern whether courts should be required to release or delay incarceration for pregnant women, how much discretion judges retain through the “significant threat or danger” standard, and whether the bill creates unequal treatment in sentencing. Other possible concerns include the mandatory pregnancy disclosure and testing requirement at jail intake, the use of electronic supervision, the suspension of fines and fees, and the new Class A misdemeanor for failing to surrender after birth. Supporters would likely emphasize maternal health, prenatal care, and alternatives to immediate incarceration, while critics may focus on public safety, enforcement, and the administrative burden on courts and jails.