Committee approves substitute to delay incarceration for pregnant and postpartum people

The House Judiciary Committee approved a substitute to HB54 that establishes statewide procedures to delay or avoid incarceration for people who are pregnant or in the postpartum period.

Representative Hollis, who carried the substitute, said the measure applies to pregnant and postpartum women and defines postpartum as up to 12 months after childbirth. The substitute requires intake screening and offers voluntary pregnancy testing within three days, to be conducted privately. If a person is confirmed pregnant or postpartum, the court may order supervised release with nonmonetary conditions; release may be denied only if there is a documented immediate risk to public safety.

The substitute also permits preincarceration probation that may last through pregnancy and up to 12 months postpartum; time served on probation is credited toward the eventual sentence. Representative Hollis said: “No fines, fees, restitution, or probation costs may be charged during this period.” The bill requires a Board of Pardons and Paroles–designated care coordinator to help connect people to health, housing and parenting resources and to coordinate supervision with courts and jails. The substitute also requires reporting and medical/mental-health treatment following pregnancy loss.

Committee members expressed support and raised operational questions about local jail-health department relationships and whether the 12-month postpartum period is appropriate; one member proposed 12 weeks instead. After discussion the committee adopted the substitute and recorded the vote; the chair announced the substitute was approved and the bill received a favor report.

The committee also requested follow-up work to clarify interactions between jails and county health departments and implementation details in facilities that operate medical services independently of local public health.