WeVote
Log In

Bill

Bill

HB 138

Incarceration, supervised pre-incarceration probation for certain pregnant women provided for, self-surrender 12 weeks after birth required, criminal penalties for failure to surrender provided

2025 Regular Session Introduced by Rolanda Hollis

Alabama bill allows pregnant inmates supervised pre-incarceration probation until 12 weeks postpartum, then mandatory prison surrender with criminal penalties for non-compliance.

Currently Indefinitely Postponed
#incarceration
0
WeVote Research Nonpartisan
Bill Summary · HB 138

Legislative bill overview

HB 138 would allow pregnant women facing incarceration to serve their sentences under supervised pre-incarceration probation instead of immediate imprisonment, with mandatory self-surrender to prison 12 weeks after giving birth. The bill includes criminal penalties for women who fail to surrender as required.

Why is this important

This addresses the practical and medical challenges of incarcerating pregnant women while attempting to preserve public safety through post-birth accountability mechanisms. The policy reflects competing concerns about maternal health, child welfare, and criminal justice enforcement.

Potential points of contention

  • Medical autonomy and enforcement: Criminal penalties for failing to surrender could criminalize pregnant women or new mothers facing medical complications, childcare barriers, or other obstacles to compliance
  • Disparate impact: Pre-incarceration probation eligibility criteria (unstated in the bill summary) may disproportionately benefit or burden women based on race, socioeconomic status, or family circumstances
  • Child welfare conflict: Separating infants from mothers at 12 weeks contradicts evidence on maternal-infant bonding while creating administrative burdens on child protective systems; unclear what happens to newborns during incarceration
  • Definitional gaps: The bill lacks clarity on supervision standards, what constitutes "failure to surrender," accommodation of breastfeeding/nursing mothers, and how sentences are calculated

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.