SB 206 – Pregnant Women in Custody ("Ava's Law")

• Every female arrested and not released on bond within 72 hours must be offered a pregnancy test within 24 hours of her request; municipal and county detention facilities must notify each arrestee of this right during booking
• A sentencing court may stay the beginning of incarceration for a convicted pregnant woman for up to 12 weeks after she gives birth or is no longer pregnant, considering factors such as offense severity, prior felonies, victim rights, public safety, and the health and safety of the unborn child
• During the stay of incarceration, the court may impose probation-like terms and conditions; a new criminal conviction or violation of those conditions may result in sanctions including immediate incarceration to serve the original sentence
• Within 10 days after the stay ends and incarceration begins, the woman must be offered a postpartum assessment by a licensed health care practitioner, including medical tests, lactation support, and mental health services
• The Department of Corrections and local detention facilities must collect and publish quarterly data on their websites, including the number of stayed sentences, birth outcomes, pregnancy complications, and miscarriages, with personal identifying information excluded