Bill > S0385

This bill, known as the Women's Childbirth Alternatives, Resources, and Education (CARE) Act, establishes new procedures for pregnant women in the criminal justice system in South Carolina. Upon entering a correctional facility, women must be informed about and offered a pregnancy test, with positive results reported to the court and county health department. If deemed not a significant threat, pregnant women can be released on bail or placed on a preincarceration probation term that covers their entire pregnancy and twelve weeks after childbirth. During this period, women must maintain perinatal healthcare, participate in available education and resource programs, and be supervised remotely through electronic communication. If a woman fails to surrender to the correctional facility twelve weeks after giving birth, she can be charged with a Class A misdemeanor. Fines and fees are suspended during this probation period, and time served counts toward her sentence. Women must report any pregnancy loss within 72 hours to their probation officer, and starting in January 2026, correctional facilities must annually report data about incarcerated women, including pregnancy-related statistics, while maintaining patient confidentiality under HIPAA regulations.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=0385&session=126&summary=B