Alabama women would be able to defer their prison sentence until after the birth of their child or after a postpartum recovery period under a new bill moving through the Alabama House of Representatives.
House Bill 54 — the Alabama Women’s Childbirth Alternatives, Resources, and Education Act — lays out the details of release for pregnant incarcerated women. The House Judiciary Committee advanced Rep. Rolanda Hollis’, D-Birmingham, CARE Act last week.
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Under the bill, a court could authorize the supervised release of a woman confirmed to be pregnant or postpartum at the time of jail intake so long as she does not pose a “documented, immediate risk” to public safety.
If a woman were pregnant or postpartum at the time of sentencing, a court could include in her sentence a term of pre-incarceration probation to be served until 12 months after the woman gives birth. That time would count toward her overall sentence. Not surrendering at the appropriate time would constitute a Class D felony.
The alternate sentencing options would be supervised by the Alabama Board of Pardons and Paroles through a CARE coordinator required by the bill.
Original bill
The original bill filed by Hollis had the postpartum recovery period specified as 12 weeks, but after discussion with the ABPP, a substitute raised that period to 12 months.
Rep. Phillip Pettus, R-Killen said he objected to that increase, citing the amount of paid leave female teachers and state employees receive for childbirth. A 2025 law gives them eight weeks of paid parental leave. Men get two weeks.
Hollis said ABPP arrived at the 12-month period because of the challenges some women may have in finding stable care for their children.
EDITOR’S NOTE — This story was written by Claire Harrison and originally published by Alabama Daily News.
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