The bill, titled "Ava's Law," introduces 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 offered a pregnancy test upon request, to be administered within 24 hours. 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 "female" as including both juvenile girls and adult women, and specifies the acceptable methods for conducting pregnancy tests.
Furthermore, the bill establishes guidelines for sentencing courts regarding pregnant women convicted of offenses. It allows courts to stay the beginning of incarceration for up to 12 weeks after a woman gives birth or is no longer pregnant, provided they consider various factors, including the severity of the offense and the health of the unborn child. The court must document its reasoning for granting such stays and may impose conditions during the stay. Additionally, the Department of Corrections is tasked with collecting and publishing data related to pregnant women in custody, including the number of births and complications experienced, while ensuring compliance with confidentiality laws. The act is set to take effect on July 1, 2026.