Bill
SB 470
SB 470 requires pregnancy testing at intake and allows courts to tailor sentencing and probation for pregnant defendants to include prenatal, maternal health, and treatment options
Jurisdiction: Louisiana
Sponsor: Senator Mizell (with multiple co-sponsors)
Title: HEALTH CARE: Provides relative to pregnant women in custody. (gov sig)
Effective date: Upon governor signature or lapse of gubernatorial action (as provided by law)
Purpose and intent
- The bill aims to improve maternal health, promote healthy births, and support family stability by recognizing pregnancy as a relevant consideration in sentencing and probation processes for pregnant defendants.
- It seeks to create a framework for community-based supervision and treatment alternatives for pregnant defendants who are otherwise eligible for suspension of sentence or probation.
Key provisions
1) Pregnancy testing for incarcerated individuals
- New R.S. 15:744.9 requires that a pregnancy test be administered to any woman (ages 55 and under) who is arrested and taken into custody during the intake process at every state and local correctional facility (including jails, detention centers, and prisons).
2) Sentencing considerations for pregnant defendants
- Adds pregnancy as a factor in determining whether to suspend the imposition or execution of sentence and place a defendant on probation in felony cases (C.C.P. Art. 893(A)(5)).
- Requires that courts consider whether participation in medically appropriate prenatal care programs, residential treatment programs, or substance use disorder treatment programs would serve the interests of justice and public safety (Art. 893(A)(5)).
3) Prenatal care and treatment as sentencing guidelines
- Adds a new weighting factor for sentencing guidelines: whether the defendant is pregnant at sentencing and whether an alternative sentence involving community-based supervision and participation in prenatal care, maternal health, or substance use disorder treatment would be appropriate (C.Cr.P. Art. 894.1(B)(34)).
4) Probation conditions for pregnant defendants
- Establishes explicit sentencing considerations and probation conditions for pregnant defendants:
- May require participation in a court-approved prenatal care program, pregnancy support program, or maternal health program.
- May require participation in residential or outpatient substance use disorder treatment, including medically supervised detoxification when appropriate.
- May require compliance with recommended prenatal and postnatal medical care.
- May require parenting education, life skills training, or case management services.
- May include other legally authorized probation conditions.
- Courts must consider public safety, offense nature, criminal history, and availability of appropriate programs when determining imposition of sentence (Art. 894.6).
5) Department of Health role
- The Louisiana Department of Health (LDH) must maintain and provide courts, upon request, a list of publicly and privately available programs that may satisfy the new provisions (Art. 894.6).
6) Legislative findings and intent
- The act states compelling state interests in protecting maternal health, promoting healthy births, and supporting family stability.
- It emphasizes that pregnant defendants may have unique medical and rehabilitative needs that can be addressed via community-based supervision and treatment.
- It clarifies that the act is intended to allow courts to consider pregnancy as a relevant factor at sentencing and to utilize appropriate alternatives to incarceration where eligible, without expanding overall eligibility for probation or suspension beyond existing law. (Section 3)
Supporting amendments (as reflected in bill amendments)
- Clarify/expand protections related to therapeutic restraints during pregnancy and postpartum recovery in related provisions (not embedded in the primary text of SB 470 but referenced in the amendments summary).
- Define “therapeutic restraint” and extend postpartum considerations as applicable.
Administrative and funding notes
- LDH funding sources for pregnancy tests and record-keeping responsibilities are noted in amendments and associated provisions.
Impact and who is affected
- Pregnant individuals who are defendants in the criminal justice system.
- Courts, as they gain new factors and conditions to consider in sentencing and probation decisions.
- LDH, which is tasked with maintaining a program/resource list to support sentencing options.
- Correctional facilities, which must implement mandatory pregnancy testing during intake.
- Community-based prenatal, maternal health, and substance use disorder treatment providers that may receive referrals or supervision of pregnant defendants.
Procedural/timeline aspects
- The bill reflects standard legislative process timing for the 2026 session, with its effective date contingent on gubernatorial action (signature or legislative approval after a potential veto), per constitutional provisions.
Overall: SB 470 expands health-focused considerations in the criminal justice process for pregnant defendants, mandating pregnancy testing at intake, and enabling courts to tailor sentencing and probation to include prenatal and maternal health supports, along with accessible program information via the LDH.
Compiled from official sources — confirm details with the bill’s official record.
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