Alternatives In Criminal Justice System And Pregnant Persons

In determining bond or an alternative sentence for a pregnant or postpartum defendant (defendant), the act creates a rebuttable presumption against detention and incarceration of a defendant if the defendant provides the court and district attorney with notice of the defendant's status as a pregnant or postpartum defendant at each applicable stage of the court proceedings. If the court decides to detain or incarcerate the defendant, the act requires the court to make specific findings on the record that the risk to public safety, or any other factor the court is required to consider, is substantial enough to outweigh the risks related to incarceration. Notwithstanding the provisions of the act, a court shall not:

• Set bond or release the pregnant or postpartum defendant on bond if the pregnant or postpartum defendant is ineligible for bond;
• Accept an agreement or impose an alternative sentence if the pregnant or postpartum defendant is ineligible for a diversion program, deferred judgment, probationary sentence, or another form of alternative sentence; or
• Apply the rebuttable presumption if a pregnant or postpartum defendant was convicted of a crime of violence.

If a defendant is arrested or in custody at a county jail or correctional facility, the defendant may request a pregnancy test following admission to the county jail or correctional facility. Staff at the county jail or correctional facility shall provide a pregnancy test to the defendant within 24 hours after the request. Requesting the test, taking the test, and results of the test are confidential medical information and must not be disclosed, except when the defendant receives medical care.

The act allows a court to consider the following forms of alternative sentencing for a defendant:

• A diversion;
• A deferred judgment and sentence; or
• A stay of execution (stay).

If the defendant is convicted of a new crime or violates substantive conditions imposed by a court while a stay is imposed, the court may add conditions, issue warrants, end the stay, or continue the stay.

The act applies to pregnant or postpartum juveniles (juvenile). In determining commitment, bond, or an alternative sentence for a juvenile, the act creates a rebuttable presumption against detention and commitment if the juvenile provides the court and district attorney with notice of the juvenile's status as a pregnant or postpartum juvenile at each applicable stage of the court proceedings. If the court decides to detain or commit the juvenile, the act requires the court to make specific findings on the record that the risk to public safety, or any other factor the court is required to consider, is substantial enough to outweigh the risks related to detention or commitment. The act allows the following forms of alternative sentencing for a juvenile:

• A diversion;
• A deferred judgment and sentence; or
• A stay.

Notwithstanding the provisions of the act, a court shall not:

• Set bond or release the pregnant or postpartum juvenile on bond if the pregnant or postpartum juvenile is ineligible for bond;
• Accept an agreement or impose an alternative sentence if the pregnant or postpartum juvenile is ineligible for a diversion program, deferred judgment, probationary sentence, or another form of alternative sentence; or
• Apply the rebuttable presumption if a pregnant or postpartum juvenile was convicted of a crime of violence.

Current law requires a court to admit in a criminal proceeding information that is reported by mandatory reporters related to a defendant's substance use discovered in the course of medical care related to pregnancy. The act eliminates the requirement.

APPROVED by Governor May 23, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)