A new bill introduced in the Florida Senate aims to improve the treatment of pregnant women in custody. Named Ava’s Law, Senate Bill 206 proposes several measures to protect the health and rights of pregnant women arrested in the state.
If passed, the law would require that every female arrested and not released on bond within 72 hours be given the option to request a pregnancy test within 24 hours of being booked into a municipal or county detention facility. The bill mandates that women be notified of their right to request the test during booking. The pregnancy test may be conducted using standard methods, including urine or blood samples or ultrasound scans.
The bill also addresses the timing of incarceration for pregnant women. Under the proposed law, sentencing courts would have the discretion to delay the start of a pregnant woman’s prison sentence for up to 12 weeks following childbirth or when the woman is no longer pregnant. Courts would consider factors such as the severity of the offense, the woman’s criminal history, and the health of the unborn child before granting a delay. If the delay is granted, the court would require a written explanation of the decision.
Once the sentence begins, the bill requires that pregnant women receive postpartum assessments and care, which could include medical tests, lactation support, and mental health services. If the woman violates the conditions of her stay or commits another crime during the delay, the court could revoke the stay and enforce immediate incarceration…