HB23-1187: Alternatives in Criminal Justice System for Pregnant Persons

• Creates rebuttable presumption against detention and incarceration for pregnant or postpartum defendants (up to one year after pregnancy ends) who provide notice of their status to court and district attorney.

• Allows pregnant or postpartum defendants to request "stay of execution" to delay sentence or incarceration through end of postpartum period; court must hold hearing within 14 days and apply rebuttable presumption.

• Requires courts to consider pregnancy or postpartum status as factor in determining bond, diversion eligibility, deferred judgments, probation, and alternative sentences; prohibits using pregnancy as basis for greater restrictions than similarly-situated defendants.

• Establishes similar protections for pregnant or postpartum juveniles in delinquency proceedings, including presumption against detention/commitment and right to request stay of execution during pregnancy or postpartum period.

• Makes pregnancy-related medical information confidential; requires jails and facilities to provide pregnancy tests within 24 hours of request; applies Victim Rights Act to related court proceedings.