Senate committee advances bill to let judges defer incarceration for pregnant and postpartum women

The Senate Corrections full committee on March 7 advanced S.385, the Women’s Childbirth Alternatives Resources and Education or Care Act, voting to report the measure favorably after adopting a strike-all amendment and several technical edits.

Senator Devine, the bill’s sponsor from Richland, told the committee the measure would create a rebuttable presumption against immediate incarceration for people who are pregnant or in the postpartum period "to allow her to get prenatal care, and also postpartum so that she could bond with the child." The amendment retained judicial discretion and would allow sentencing to be deferred from 12 weeks up to 12 months postpartum unless the defendant declines or a judge finds an extraordinary public-safety reason to deny deferment.

The bill also would permit courts to require supervision and participation in health, parenting or behavioral programs overseen by the Department of Probation, Parole and Pardon Services (PPP). "All pregnancy related medical information is confidential and used for medical care only," a committee summary said, and individuals in custody could request pregnancy testing that must be provided within 72 hours. Beginning in 2028, the amendment requires annual reports from the Department of Corrections, Department of Juvenile Justice and local detention facilities to the Department of Health and Human Services detailing pregnancy-related data.

Republican and Democratic committee members raised implementation questions and concerns. A senator from Dorchester asked whether testimony had addressed a risk that people might seek pregnancy to avoid time in custody; the question drew debate but no testimony confirming such misuse. "There's no testimony specific on that," said Senator Adams, the subcommittee reporter. Senators and the sponsor said judges retain discretion to deny release if evidence showed a scheme or if the defendant posed a public-safety risk.

Committee members pressed for clarity about which defendants would be eligible. Senator Fomorrie noted that one section of the amended language could be read broadly and asked whether the rebuttable presumption should be limited explicitly to nonviolent offenders; sponsor Devine agreed the intent was to focus on nonviolent defendants and said the committee would insert clarifying language.

Committee discussion also covered how deferments would be monitored. Several members proposed that courts could order home detention or split sentences so a defendant could receive credit while receiving prenatal or postpartum care. Kenzie Evans, deputy director for legal services at the Department of Probation, Parole and Pardon Services, told the committee that PPP "does not supervise any individual that's placed on home detention" and said local vendors or county officers typically oversee home-detention programs.

The meeting’s floor actions included adopting the strike-all-and-insert amendment as the working document by voice vote, unanimous-consent edits (including changing a "shall" to a "may" in one supervision clause), and a final voice vote to report the bill favorably to the Senate floor. No roll-call tallies were recorded in the transcript of the committee session.

Supporters told the committee the measure had drawn unusual cross-ideological backing at subcommittee: a senator asked to confirm that both Pro Life Greenville and the Women Empowerment Network testified in support; the subcommittee chair confirmed both groups had testified.

The committee discussion also recorded differing counts of currently incarcerated pregnant people: one committee speaker said 12, while sponsor Devine later said that in 2025 the Department of Corrections recorded 14 pregnant offenders, with 10 deliveries and 4 released before delivery. The transcript does not resolve that discrepancy.

The committee chair closed the session by directing staff to make the technical edits discussed and to circulate the revised language to members; the meeting then adjourned.