South Carolina S 385: Women's Childbirth Alternatives, Resources, and Education Act

Bill Text

2025-2026 Bill 385 Text of Previous Version (Apr. 16, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 385

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter 
Stricken

Indicates New Matter

Committee Amendment Adopted

April 16, 2026

S. 385

Introduced by Senators Devine, Walker, Zell, 
Jackson, Tedder, Garrett and Sutton 

S. Printed 4/16/26--S.

Read the first time February 26, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"WOMEN'S CHILDBIRTH ALTERNATIVES, RESOURCES, AND EDUCATION (CARE) ACT" BY 
ADDING ARTICLE 21, CHAPTER 13 TO TITLE 24 SO AS TO PROVIDE FOR PREGNANCY 
TESTING OF CERTAIN WOMEN AFTER ADMISSION TO CERTAIN INCARCERATION FACILITIES, 
THE SUPERVISED PREINCARCERATION PROBATION OF PREGNANT WOMEN UNDER CERTAIN 
CIRCUMSTANCES, THE SELF SURRENDER OF WOMEN SERVING PREINCARCERATION TERMS OF 
PROBATION TWELVE WEEKS AFTER THE BIRTH OF THEIR CHILDREN, CRIMINAL PENALTIES FOR 
FAILURE TO SURRENDER, PROCEDURES FOR WOMEN TO FOLLOW IF THEY LOSE THEIR 
PREGNANCIES WHILE ON PREINCARCERATION PROBATION, AND CERTAIN REPORTING 
REQUIREMENTS.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "South Carolina Women's Childbirth 
Alternatives, Resources, and Education (CARE or WCA) Act."

SECTION 2. Chapter 13, Title 24 of the S.C. Code is amended by 
adding:

Article 21

"South Carolina Women's Childbirth Alternatives, 
Resources, and Education (CARE or WCA) Act"

 Section 
24-13-2210. (A) For purposes of 
this section:

 (1) 
"Pregnant or postpartum defendant" means a person who is pregnant or within one 
year after the end of pregnancy, regardless of outcome.

 (2) 
"Newborn" means a child under one year of age.

 (3) 
"Stay of execution of sentence" means a court-ordered delay in incarceration 
after sentencing.

 (4) 
"Deferred sentencing" means postponement of sentencing until not earlier than 
twelve (12) weeks and not later than twelve (12) months postpartum, unless 
earlier sentencing is warranted by extraordinary circumstances.

 (B) 
Upon verified notice that a defendant, charged or convicted of a non-violent 
offense, as defined in Section 16-1-70, is pregnant or postpartum, there is a 
rebuttable presumption against immediate incarceration. If incarceration is 
ordered, the court must make written findings that the defendant poses a 
substantial and specific risk to public safety that outweighs the medical, 
psychological, and social risks associated with incarceration.

 (C)(1) For nonviolent offenses, as 
defined in Section 16-1-70, prosecutors and courts shall consider pregnancy or 
postpartum status in determining eligibility for, and terms of, diversion or 
deferred adjudication, consistent with public safety and program criteria, 
unless the defendant declines. The South Carolina Department of Probation, 
Parole and Pardon Services will manage and oversee pre-incarceration terms of 
pregnant defendants as directed by the Court of General Sessions.

 (2) 
A pregnant defendant must have sentencing deferred not earlier than twelve (12) 
weeks and not later than twelve (12) months postpartum unless good cause is 
shown for earlier sentencing unless pregnant defendant declines.

 (3) 
During deferment, the court may require supervision and participation in 
health, parenting, or behavioral programs.

 (4) 
Upon successful completion of deferment, the court may reduce or suspend the 
custodial term or convert it to community supervision.

 (D) 
If a custodial sentence is imposed, the court may stay execution through the 
end of pregnancy for not earlier than twelve (12) weeks and not later than 
twelve (12) months postpartum. The defendant's bond and conditions remain in 
effect.

 (E) 
Medical information related to pregnancy or postpartum status is confidential 
and may be disclosed only to the court, defense counsel, and the solicitor as 
necessary.

 (F) 
An individual in custody may request a pregnancy test at any time after 
admission to a local detention facility, Department of Juvenile Justice 
facility, or Department of Corrections facility. The test must be provided 
within seventy-two (72) hours, and results are confidential medical information 
used solely for care and treatment.

 (G) 
Beginning on January 1, 2028, and annually thereafter, the Department of 
Corrections, Department of Juvenile Justice, and each local detention facility 
shall report to the Department of Health and Human Services:

 (1) 
data collected under subsection (F);

 (2) 
the total number of incarcerated women;

 (3) 
the total number of pregnant women; and

 (4) 
the total number of women who declined deferred sentencing.

 (H) 
Reports submitted under subsection (G) must exclude personally identifying 
information and comp