HB138 Summary

• Enacts the Alabama Women's Childbirth Alternatives, Resources, and Education (CARE) Act to allow pregnant women sentenced to incarceration to defer their sentences until after childbirth.

• Requires urine pregnancy testing within three days of jail intake for women who report or suspect pregnancy, with results reported to the court and county health department.

• Mandates release on bail for pregnant women who test positive, provided the court determines they do not pose a significant threat to themselves or others.

• Allows courts to impose pre-incarceration probation for pregnant women lasting through pregnancy and 12 weeks after birth, with supervision conducted electronically, no fines required, and time credited toward their sentence.

• Requires women to self-surrender 12 weeks after birth and report any pregnancy loss to their probation officer within 72 hours; failure to surrender is a Class A misdemeanor, effective October 1, 2025.