Senate committee advances bill allowing judges to consider supervised release for pregnant, nonviolent defendants

A committee amendment to Senate Bill 385 would allow judges to consider supervised release for nonviolent pregnant defendants so they can obtain prenatal care, give birth outside incarceration and bond with their newborns.

Supporters told the chamber the South Carolina Care Act is designed to reduce the risks associated with incarceration during pregnancy. “This bill would allow a person who is pregnant not to be incarcerated and help have healthier outcomes for the children,” Senator Devine said in explaining the committee report.

The amendment, described by committee chair Senator Adams, would permit release as early as 12 weeks into pregnancy and for up to 12 months postpartum unless the court shows good cause for a different outcome; the committee framed the change as applicable to nonviolent offenses and emphasized judicial discretion. “The committee report is for nonviolent offenses,” Adams said when explaining the scope and timing in committee.

Proponents argued the measure responds to data linking incarceration during pregnancy to higher rates of premature birth, low birth weight and maternal complications. Opponents raised procedural questions on the floor and the clerk noted the bill was now contested; no final third‑reading outcome was recorded in the transcript.

The next procedural step will follow the Senate’s contested-debate rules; sponsors and opponents signaled they intend further floor discussion and amendment before any final vote.