The "Women's Childbirth Alternatives, Resources, and Education (CARE) Act" aims to amend the South Carolina Code of Laws by introducing provisions that address the needs of pregnant women in incarceration facilities. The bill mandates that women arriving at state correctional facilities or local detention centers must disclose their pregnancy status and undergo a urine pregnancy test within three days of intake, unless they decline. If a pregnancy is confirmed, the court is required to release the woman on bail if she does not pose a significant threat to herself or others. Additionally, the bill establishes a framework for supervised preincarceration probation for pregnant women, allowing them to serve probation during their pregnancy and for twelve weeks post-birth, with specific reporting and healthcare requirements.

Furthermore, the legislation outlines penalties for failure to surrender after the probation period and stipulates that any fines or fees are suspended during this time. It also mandates that pregnant women maintain perinatal healthcare and report any pregnancy loss to their probation officer. Starting January 1, 2026, correctional facilities will be required to report data on incarcerated women, including those who are pregnant, while ensuring compliance with confidentiality laws. This act is designed to support the health and well-being of pregnant women in the criminal justice system while balancing public safety concerns.