Background: HB 138 would establish the Alabama Women's Childbirth Alternatives, Resources, and Education (CARE) Act, which seeks to provide protections for incarcerated pregnant individuals. Under this bill, any woman entering a jail must disclose if they are pregnant or suspect they may be pregnant and undergo a pregnancy test within 72 hours of intake, unless they decline. If the test is positive, the court must release the woman on bail, provided they are not a danger to themself or others. The bill also allows pregnant individuals sentenced to incarceration to serve a term of pre-incarceration probation until 12 weeks postpartum before surrendering to serve their sentence. This probation period must be served under electronic supervision and without payment of fines or fees. If a pregnant person loses their pregnancy during the pre-incarceration probation, the court has discretion on when they must surrender. Failure to surrender as required under the bill is classified as a Class A misdemeanor.
Our Position: We support HB 138. Alabama’s prisons and jails are already plagued with unconstitutional conditions, and these dangers are even more severe for pregnant individuals. Incarcerated people experience a lack of adequate prenatal care, heightened risks of pregnancy complications, and often unsafe environments that endanger both their health and the health of their child. By ensuring that pregnant individuals can serve probation until postpartum rather than being subjected to the inhumane conditions of Alabama’s correctional facilities, this bill takes an important step toward protecting reproductive freedom and human dignity. Fighting for reproductive justice and an end to mass incarceration means prioritizing the health and safety of all individuals—including those who are pregnant while incarcerated.
