Pregnant women in custody may have their incarceration stayed for up to 12 weeks postpartum.
The bill, known as "Ava's Law," mandates that every female arrested and not released on bond within 72 hours must be administered a pregnancy test upon request. Municipal and county detention facilities must notify each arrested female of her right to request a pregnancy test. The sentencing court may stay the incarceration of a pregnant woman for up to 12 weeks after birth, considering factors such as the severity of the offense and the health of the unborn child. The court must explain its reasons for granting a stay in writing.
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