The proposed bill, titled "Ava's Law," aims to enhance the rights and health considerations for pregnant women in custody. It mandates that every female arrested and not released on bond within 72 hours must be offered a pregnancy test upon request, with the test to be administered within 24 hours of the request. Additionally, municipal and county detention facilities are required to inform arrested females of their right to request this test during the booking process. The bill also defines "female" as both juvenile and adult women and outlines the acceptable methods for conducting pregnancy tests.
Furthermore, the bill introduces provisions for pregnant women convicted of offenses, allowing sentencing courts to stay the beginning of their incarceration for up to 12 weeks after giving birth or no longer being pregnant. Courts must consider various factors, including the severity of the offense and the health and safety of the unborn child, when deciding on such requests. If granted, the court must provide written reasons for the decision. The bill also requires that within 10 days after the stay ends, the woman must receive a postpartum assessment and necessary services. Additionally, the Department of Corrections is tasked with collecting and publishing data related to pregnant women in custody, ensuring compliance with confidentiality laws. The act is set to take effect on July 1, 2026.