Alabama Bill Aims to Allow Pregnant Women to Defer Jail Time

The Alabama Women's Childbirth Alternatives, Resources, and Education Act would let pregnant incarcerated women delay their sentences.

Published on Feb. 16, 2026

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The Alabama House of Representatives is considering a bill that would allow pregnant women to defer their prison sentences until after giving birth or completing a 12-month postpartum recovery period. The bill, known as the Alabama Women's Childbirth Alternatives, Resources, and Education (CARE) Act, would provide supervised release options for pregnant or postpartum women who do not pose an immediate public safety risk.

Why it matters

The CARE Act is intended to prioritize the health and wellbeing of incarcerated pregnant women and their newborns, recognizing the challenges they may face in finding stable childcare arrangements. The bill also prohibits the use of restraints on pregnant women during pregnancy, labor, delivery, and the 12-week postpartum period.

The details

Under the CARE Act, a court could authorize the supervised release of a pregnant or postpartum woman if she does not pose an immediate public safety risk. If a woman is pregnant or postpartum at the time of sentencing, the court could include a term of pre-incarceration probation to be served until 12 months after she gives birth, with that time counting toward her overall sentence. The alternate sentencing options would be supervised by the Alabama Board of Pardons and Paroles.

  • The House Judiciary Committee advanced the CARE Act last week.
  • The original bill filed by Rep. Rolanda Hollis, D-Birmingham, had a 12-week postpartum recovery period, but this was increased to 12 months after discussions with the Alabama Board of Pardons and Paroles.

The players

Rep. Rolanda Hollis

A Democratic representative from Birmingham who filed the original CARE Act bill.

Rep. Phillip Pettus

A Republican representative from Killen who objected to the 12-month postpartum recovery period, citing the amount of paid leave female teachers and state employees receive for childbirth.

Rep. Russell Bedsole

A Republican representative from Alabaster who voted in favor of the bill but expressed belief that many of Alabama's municipal and county jails can already offer sufficient prenatal care to pregnant women.

Alabama Board of Pardons and Paroles

The state agency that would supervise the alternate sentencing options for pregnant or postpartum women under the CARE Act.

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What they’re saying

“(Twelve months is needed to) make sure that baby's in place with someone they trust so they can be ready to go back and serve their time.”

— Rep. Rolanda Hollis (aldailynews.com)

“...Most importantly I think one of the safeguards being inside of a jail is hopefully we keep that individual from going out, and if drugs were a part of their background if they're on the street there may be this tendency and lure to go back to an old habit and when they're inside the facility hopefully we can keep 'em clean.”

— Rep. Russell Bedsole (aldailynews.com)

What’s next

The CARE Act now heads to the Alabama House floor for a vote.

The takeaway

The CARE Act represents an effort by Alabama lawmakers to prioritize the health and wellbeing of incarcerated pregnant women and their newborns, recognizing the unique challenges they face. If passed, the bill could serve as a model for other states looking to implement similar policies.