HB 54 Alabama House · 2026 Regular Session

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

HB 54, the Alabama Women's Childbirth Alternatives, Resources, and Education (CARE) Act, allows pregnant women sentenced to jail to serve probation before incarceration instead of being jailed immediately. It requires jails to offer pregnancy testing within three days of intake, releases pregnant women on probation (with electronic supervision and no fines) if they pose no threat, and mandates they serve probation through 12 weeks after birth. The bill requires women to self-surrender to jail 12 weeks after giving birth, with failure to do so classified as a Class A misdemeanor. This directly affects pregnant women in Alabama facing incarceration sentences, changing their path to jail from immediate admission to supervised probation during pregnancy and postpartum.

Issues: ✓ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Nov 2025

Committee Review

Floor Vote

Governor

Introduced Nov 5, 2025 Last action Feb 12, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Judiciary 1st Substitute · 7 edits

MODERATE

The bill was significantly expanded from focusing only on pregnant women to also including postpartum women within 12 months of childbirth. The timeline for surrendering back to jail was extended from 12 weeks to 12 months, and the penalty for failing to surrender was increased from a misdemeanor to a felony. The bill also added new requirements for electronic supervision, prohibited the use of physical restraints like shackles, and established a new CARE Coordinator role.

Scope change

The bill's scope was broadened to include postpartum women in addition to pregnant women, and the duration of the probation period was extended to cover the full 12-month postpartum recovery period.

ELIGIBILITY

Expanded eligibility to include women who are postpartum (within 12 months of childbirth) in addition to pregnant women.

TIMELINE

Extended the required self-surrender period from 12 weeks after birth to 12 months after birth.

ENFORCEMENT

Increased the penalty for failing to surrender from a Class A misdemeanor to a Class D felony.

REQUIREMENT

Added a prohibition on using shackles, waist chains, or other restraints during pregnancy, labor, delivery, or within 12 weeks of delivery.

Required the Board of Pardons and Paroles to establish a CARE Coordinator to manage the program.

Changed supervision requirements to mandate electronic communication and authorized the Board to determine the specific scope of supervision.

DEFINITION

Added a specific definition for 'postpartum' as the 12-month period following childbirth unless extended by medical complications.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 11, 2026

Lower · Passed

Reported Out of Committee House of Origin

lower

Jan 13, 2026

Lower · Passed

Pending Committee Action in House of Origin (Judiciary)

lower

1 primary · 0 co-sponsors