BE IT ENACTED BY THE PEOPLE OF THE STATE OF __________:  

Section 1. Short Title  

This Act shall be known and may be cited as the “Women’s Childbirth Alternatives, Resources, And Education (CARE) Act.”  

Section 2. Legislative Findings and Purpose 

• (A) The Legislature finds that:  
  1. The number of incarcerated women, including those who are pregnant, has increased in recent decades.  
  2. Pregnant women who are convicted of crimes must be held accountable just like other defendants, but in most cases it makes sense to postpone incarceration when necessary given that correctional facilities and county jails are particularly ill-equipped to address the comprehensive medical, psychological, and social needs of pregnant and postpartum women and their unborn children.  
  3. The health and safety of a pregnant or postpartum defendant, unborn child, and newborn child must be considered at all stages of the criminal process as a matter of community health and safety.  
  4. Timely attention to perinatal medical and mental-health needs can improve outcomes across generations.  
  5. Pregnancy is time-sensitive and variable; complications—including preeclampsia, placental abruption, or ectopic pregnancy—can arise suddenly, require prompt care, and cause long-term physical and mental-health trauma.  
  6. Substance use disorders can endanger both pregnant women and their unborn children, and this is best addressed through requiring prompt and effective treatment.  
  7. Criminal proceedings are often not responsive to the timeline or complexity of the perinatal period.  
  8. The postpartum period is medically critical for bonding and infant development; parent-child separation can harm both parent and child, contributing to developmental regression, heart disease, hypertension, obesity, and decreased lifespan in children, and permanent architectural changes in the brain of newborns, including lower IQ and increased likelihood of depression, suicidal ideation, or addiction.  
• (B) It is the purpose of this Act to ensure that:  
  1.  Courts consider health and safety in all decisions involving pregnant and postpartum defendants;  
  2. Community-based alternatives, diversion, deferred sentencing, stays of execution of sentence, and other non-custodial options are available during the perinatal period;  
  3. Prosecutors may initiate resentencing in the interests of justice;  
  4. Perinatal health information used to obtain care is not used to criminally incriminate; and  
  5. Agencies collect de-identified data to inform policy while protecting privacy.  

Section 3. Definitions 

As used in this Act:  

1. “Pregnant or postpartum defendant” means a woman who is pregnant or within one (1) year after the end of a pregnancy, regardless of outcome.  
2. “Newborn” means a child under one (1) year of age.  
3. “Perinatal period” means pregnancy and the first year postpartum. 
4.  “Stay of execution of sentence” means a court-ordered delay of incarceration or the custodial portion of a sentence after pronouncement.  
5. “Deferred sentencing” means postponement of sentencing until not earlier than twelve (12) weeks and not later than twelve (12) months postpartum, unless extended or shortened for good cause stated on the record.  
6. “Diversion” means an alternative to criminal prosecution that allows a defendant to complete a program with conditions.  
7. “Probation” means probationary supervision imposed in lieu of immediate confinement during pretrial, pregnancy, or the postpartum period.  
8. “Home confinement” means a requirement that the person remain at their residence under supervision.  

Section 4. Rebuttable Presumption Against Detention or Incarceration 

• (A) Upon verified notice that a defendant is pregnant or postpartum, a rebuttable presumption arises against detention or incarceration at every stage of the criminal process, including charging decisions, pretrial release, plea negotiations, sentencing, and supervision decisions.  
• (B) If detention or incarceration is ordered, the court shall make specific written findings on the record that public-safety concerns or other legally required factors substantially outweigh the medical and social risks associated with confinement during the perinatal period.  
• (C) A court shall not use pregnancy or postpartum status to impose greater restraint on liberty than would be imposed on a similarly situated non-pregnant defendant, including where a substance use disorder is present.  
• (D) Limitations. Nothing in this section:  
  1. Authorizes release or diversion when the defendant is otherwise ineligible by law;  
  2. Requires deviation from mandatory minimum terms, though a stay of execution of sentence may be granted under Section 8; or  
  3. Applies where prohibited by law for specified violent offenses; provided, however, that courts may still consider a stay of execution of sentence under Section 8 to the extent consistent with law.  

Section 5. Establishing Status; Confidentiality 

• (A) A defendant may raise pregnancy or postpartum status at any time during criminal proceedings or while serving a sentence. Verified notice may include a positive pregnancy test, medical record confirming pregnancy or its end, or a newborn’s birth record.  
• (B) If contested, the court shall hold a hearing as soon as practicable, and no later than fourteen (14) days after the issue is raised, unless the defendant requests a later date. The defendant bears the burden of proof by a preponderance of the evidence.  
• (C) Any medical information provided to establish status is confidential. Any waiver of privilege is limited to information necessary to determine whether and when pregnancy occurred or ended. Courts shall take appropriate measures to protect confidentiality.  

Section 6. Pretrial Release; Diversion; Probation; Community-Based Options 

• (A) Pretrial Release. At first appearance and any subsequent release determination, the court shall consider verified pregnancy or postpartum status when setting or reviewing conditions of release, unless the defendant declines.  
• (B) Diversion and Deferred Adjudication. Prosecutors and courts shall consider pregnancy or postpartum status in determining eligibility for, and terms of, diversion or deferred adjudication, consistent with public safety and program criteria, unless the defendant declines.  
• (C) Probation. For eligible offenses, courts shall impose pre-incarceration probation in lieu of immediate confinement during the perinatal period, unless the defendant declines.  
• (D) Deferred Sentencing. If a defendant is pregnant at conviction, the court shall defer sentencing until not earlier than twelve (12) weeks and not later than twelve (12) months postpartum, unless extraordinary circumstances require earlier sentencing and are stated on the record, or unless the defendant declines.  
• (E) Conditions During Deferment or Probation. Courts may impose conditions tailored to maternal-infant health and public safety, including: attendance at prenatal and postpartum medical appointments; behavioral-health and substance-use treatment; parenting or family-stability services; and compliance reviews at intervals not to exceed ninety (90) days.  
• (F) Community Corrections or Residential Alternatives. Where community-based placement is authorized, decision-making bodies shall expedite consideration for eligible pregnant or postpartum applicants.  
• (G) Disposition After Successful Completion. Upon successful completion of deferment or probation, courts may reduce or suspend any custodial term, convert to community supervision, or otherwise modify the sentence in the interests of justice.  

Section 7. Facility Pregnancy Testing Upon Request; Confidentiality; Counsel Notification 

• (A) Any person who may be pregnant and is arrested or in custody in a jail, detention, or correctional facility may request a pregnancy test upon or after admission. The facility shall provide access to testing within seventy-two (72) hours of the request.  
• (B) Requests, testing, and results are confidential medical information and may be disclosed only as necessary to provide medical care and reasonable accommodations or to implement this Act.  
• (C) If the person is represented by counsel and has signed a medical release, the facility shall notify counsel within forty-eight (48) hours, excluding weekends and state holidays, that a pregnancy test was requested and administered.  

Section 8. Stay of Execution of Sentence During the Perinatal Period 

• (A) A pregnant or postpartum defendant may request a stay of execution of a custodial sentence through the end of pregnancy and up to twelve (12) months postpartum.  
• (B) The court shall hold a hearing as soon as practicable, and no later than fourteen (14) days after the request, unless the defendant requests a later date or circumstances require an earlier hearing. The defendant bears the burden of proof by a preponderance of the evidence.  
• (C) In ruling, the court shall apply the rebuttable presumption under Section 4 and shall set forth specific findings if denying all or part of the request.  
• (D) If a stay is granted, existing release or supervision conditions remain in effect that should be designed to accommodate prenatal care to the greatest degree consistent with public safety. The court shall set a date, time, and place for the defendant to appear to commence serving any remaining sentence after the stay.  
• (E) Revocation. If the defendant is charged with a new offense or there is a verified motion establishing a prima facie violation of stay conditions that presents a substantial risk to public safety, the court shall hold a hearing and may end the stay, modify conditions, issue a warrant, or continue the stay.  

Section 9. Prosecutor-Initiated Resentencing—Interests of Justice 

• (A) Authority. At any time after sentencing, the prosecuting attorney may move the sentencing court to recall the sentence and resentence a pregnant or postpartum defendant in the interests of justice.  
• (B) Procedure. Upon filing, the court shall set a hearing; provide notice consistent with the jurisdiction’s victims’ rights laws; and consider whether continued incarceration presents an unreasonable risk to public safety.  
• (C) Relief. Upon recall, the court may:  
  1. Reduce the term of imprisonment; 
  2. Convert incarceration to probation or other community-based supervision;  
  3. Grant a stay of execution of sentence under Section 8; or  
  4. Impose rehabilitative or maternal-health conditions consistent with this Act.  
• (D) Limitations. Resentencing may not increase the sentence previously imposed and is not limited by general post-sentence modification time limits. Any new sentence shall not exceed the statutory maximum the court could have imposed at the original sentencing.  

Section 10. Inadmissibility of Certain Perinatal Health Information 

• (A) In any criminal proceeding, information relating to substance use obtained solely through pregnancy testing, prenatal or postpartum care (including up to one year postpartum), or disclosures made while seeking or participating in behavioral-health treatment during pregnancy or postpartum is inadmissible to prove criminal liability, except where independently obtained by lawful means.  
• (B) Nothing in this section limits the use of information for health-care purposes, required public-health reporting, or other non-criminal purposes authorized by law and nothing in this section precludes court-ordered drug testing and the imposition of sanctions and conditions based on the results.  

Section 11. Data Collection and Reporting 

• (A) Beginning January 1 following the first full calendar year after this Act’s effective date, and annually thereafter, each state corrections agency and each local detention facility shall report to the state department of health (or equivalent) the following de-identified, aggregate information for the prior calendar year:  
  1. Total number of incarcerated women;  
  2. Total number of pregnant women;  
  3. Number of pregnancy tests requested and administered pursuant to Section 7; and  
  4. Number of eligible pregnant defendants who declined pre-incarceration probation, diversion, deferred sentencing, or a stay of execution of sentence under this Act.  
• (B) On the same schedule, the state agency overseeing the courts system shall report the number of pregnant women who received deferred sentences pursuant to this Act.  
• (C) Reports shall exclude patient-identifying information and comply with all applicable privacy laws. The health department may publish an annual de-identified statewide summary. Individual facility reports are confidential public-health records to the extent permitted by law.  

Section 12. Maternal Mortality Review—Records Access; Immunity 

• (A) Licensed health-care providers, health-care facilities, and pharmacies shall provide reasonable access to relevant medical records associated with a case under review by the state maternal mortality review body within thirty (30) days of a written request.  
• (B) A provider or facility that, in good faith, provides records under this section is not liable for civil damages or subject to criminal or disciplinary action for such compliance, except for willful misconduct.  

Section 13. Construction 

• (A) Nothing in this Act authorizes surveillance, criminalization, or civil liability based on pregnancy outcomes.  
• (B) Nothing in this Act limits greater protections provided under state or federal law.  
• (C) This Act shall be implemented consistent with victims’ rights laws and any applicable constitutional or statutory restrictions on release eligibility.  

Section 14. Severability 

If any provision of this Act or its application is held invalid, the invalidity does not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.  

Section 15. Effective Date 

This Act takes effect on [Month Day, Year]. The first annual report required by Section 11 is due on January 1 following the first full calendar year after the effective date.