No. SB 172
Filed under Criminal Justice.
Pregnant Women In Custody; Citing this act as "Ava's law"; requiring that, upon her request, every female arrested and not released on bond within 72 hours after arrest be administered a pregnancy test within a specified timeframe; requiring each municipal detention facility or county detention facility to notify each arrested female upon booking at the facility of her right to request a pregnancy test; defining the term “pregnant woman”; requiring the court to consider specified factors in determining whether to grant a pregnant woman’s request to stay the beginning of the period of incarceration, etc.
Plain English Summary
AI-GENERATEDDetention facilities must test any female arrestee who requests a pregnancy test within 24 hours of the request. This applies to women held for more than 72 hours without bond.
Facilities must inform every female arrestee of this testing right during the booking process. The law defines "female" to include both juvenile girls and adult women.
Sentencing courts may delay a pregnant woman's incarceration for up to 12 weeks after she gives birth or is no longer pregnant. Courts must weigh factors like the severity of the offense and the safety of the child.
If a stay is granted, the court can impose probation-like conditions. Once the stay ends, the woman must be offered a postpartum health assessment by a licensed provider.
AICreates a legal obligation for detention facilities to test female arrestees who request it.
AIRequires facilities to inform every female arrestee of her right to request a test.
AIGrants courts the authority to delay incarceration for up to 12 weeks postpartum.
AIRequires health care providers to offer postpartum medical and mental health support.
AIMandates the Department of Corrections to publish aggregate pregnancy and birth data.