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Bill > AB923


CA AB923

CA AB923
Detention and incarceration of pregnant and postpartum defendants.


summary

Introduced
02/19/2025
In Committee
04/30/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

An act to add Chapter 6 (commencing with Section 1565.1) to Title 12 of Part 2 of the Penal Code, relating to crimes.

AI Summary

This bill establishes the California Women's Care Act, which creates special protections and considerations for pregnant and postpartum defendants in the criminal justice system. The bill creates a rebuttable presumption against detaining or incarcerating pregnant or postpartum defendants, requiring courts to consider alternatives to detention and carefully justify any decision to incarcerate. County jails must now provide pregnancy tests upon request and maintain detailed records about incarcerated pregnant individuals. The legislation defines the "postpartum period" as one year after pregnancy and allows defendants to request a stay of sentence execution during pregnancy and the postpartum period. The bill emphasizes the potential negative health and developmental impacts of separating parents from newborns, highlighting risks such as increased likelihood of health issues for both parent and child. Key provisions include requiring courts to make specific findings if they choose to detain a pregnant or postpartum defendant, protecting the confidentiality of pregnancy-related medical information, and ensuring that pregnancy status cannot be used to impose additional restrictions on a defendant's liberty. The bill aims to prioritize the health and well-being of pregnant defendants and their children while still maintaining public safety considerations.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

In committee: Held under submission. (on 05/23/2025)

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