The bill, titled "Avas Law," establishes new provisions regarding the treatment of pregnant women in custody. It mandates that any female arrested and not released on bond within 72 hours must be given the option to request a pregnancy test, which must be administered within 24 hours of the request. Additionally, municipal and county detention facilities are required to inform female arrestees of their right to request this test during the booking process. The bill also defines the term "female" as including both juvenile girls and adult women, and outlines the acceptable methods for administering pregnancy tests.
Furthermore, the bill creates a framework for sentencing courts to stay the incarceration of pregnant women for up to 12 weeks after giving birth or upon the conclusion of their pregnancy. Courts are required to consider various factors, such as the severity of the offense and the health of the unborn child, when deciding on such requests. If granted, the court must provide a written explanation for the decision. The bill also stipulates that within 10 days of the stay ending, the woman must be offered a postpartum assessment and related services. Additionally, the Department of Corrections is tasked with collecting and publishing data on pregnant women in custody, including information on births and complications, while ensuring compliance with confidentiality laws. The act is set to take effect on July 1, 2025.