| Summary |
In determining bond or alternative sentences for a pregnant or
postpartum defendant (defendant), the bill requires the court to consider
whether the defendant poses a substantial risk to the public and whether
that substantial risk outweighs the risks of incarceration.
If a defendant is arrested or in custody at a county jail or
correctional facility, the defendant may request a pregnancy test following
admission to the county jail or correctional facility. A sheriff or
department of corrections staffperson shall provide a pregnancy test to the
defendant within 24 hours after the request. Requesting the test, taking
the test, and results of the test are confidential medical information and
must not to be disclosed, except when the defendant receives medical
care.
The bill allows a court to consider the following forms of
alternative sentencing for the defendant:
•
A diversion;
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A deferred judgment and sentence;
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A stay of execution (stay); or
•
An unaccompanied furlough (furlough).
If the defendant is convicted of a new crime or violates substantive
conditions imposed by a court while a stay or furlough is imposed, the
court may add conditions, issue warrants, end the stay or furlough, or
continue the stay or furlough.
On or before December 1, 2024, and on or before each December
1 thereafter, the judicial branch is required to submit an annual report to
the judiciary committees of the house of representatives and the senate,
or their successor committees, with information on, among other things,
the total number of defendants who were sentenced or released.
The bill applies to pregnant or postpartum juveniles (juvenile). In
determining commitment, bond, or alternative sentences for a juvenile,
the bill requires the court to consider whether the juvenile poses a
substantial risk to the public and whether that substantial risk outweighs
the risks of commitment. The bill allows the following forms of
alternative sentencing for the juvenile:
•
A diversion;
•
A deferred judgment and sentence;
•
A stay; or
•
A furlough.
On or before December 1, 2024, and on or before each December
1 thereafter, the department of human services is required to submit an
annual report to the judiciary committees of the house of representatives
and the senate, or their successor committees, with information on, among
other things, the total number of juveniles who were sentenced or
released.
Current law requires a court to admit in a criminal proceeding
information that is reported by mandatory reporters related to a
defendant's substance use discovered in the course of medical care related
to pregnancy. The bill eliminates the requirement.
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