CA AB2160

Creates a rebuttable presumption against detention and incarceration of pregnant or postpartum defendants who provide notice of their status at each stage of proceedings, requiring courts to apply this presumption when deciding bail, diversion, sentencing, and probation matters.

Requires courts that decide to detain or incarcerate a pregnant or postpartum defendant to make specific findings on the record that public safety risks substantially outweigh the risks of incarceration.

Authorizes pregnant or postpartum defendants to request a stay of execution of their sentence for any period through the end of pregnancy or the postpartum period (defined as one year after pregnancy ends), with courts applying the rebuttable presumption when considering such requests.

Requires county jails and state prisons to provide pregnancy tests upon request within 24 hours and protect test results as confidential medical information, with notice to the defendant's attorney within 48 hours if a medical release is signed.

Establishes procedures for defendants to raise pregnancy or postpartum status during criminal proceedings, with courts determining eligibility within 14 days using a preponderance of evidence standard and accepting positive pregnancy tests or birth certificates as prima facie evidence.