Detention and incarceration of pregnant and postpartum defendants.

Assembly Member Quirk-Silva's proposal to modify California's criminal justice procedures for pregnant and postpartum defendants establishes a rebuttable presumption against detention and incarceration when defendants notify courts of their status. The measure, titled the California Women's Care Act, requires courts to specifically document why public safety or other factors necessitate detention when overriding this presumption.

The legislation mandates that county jails provide pregnancy tests within 24 hours when requested by individuals in custody and maintain detailed records about pregnant inmates, including medical complications, birth outcomes, and demographic data. All pregnancy-related medical information must remain confidential, with disclosure limited to necessary medical care. The bill also creates a mechanism for pregnant or postpartum defendants to request stays of sentence execution through the end of their pregnancy or postpartum period, though this option excludes those ineligible for bail.

Courts must evaluate these requests within 14 days, applying the same presumption against detention. The legislation prohibits using pregnancy or postpartum status as grounds for imposing greater restrictions than those faced by comparable non-pregnant defendants. While stays of execution may continue through the postpartum period, courts retain authority to revoke them if defendants violate conditions or face new charges that present substantial public safety risks.