Colorado considers special considerations for nonviolent pregnant defendants
State lawmakers are debating whether pregnant and postpartum women deserve special consideration when locked up in Colorado's criminal justice system.
Under a bill before the Colorado House Judiciary Committee, judges would be required to consider whether a pregnant or postpartum defendant poses a substantial risk to the public and whether that risk outweighs the risks of incarceration when they set bail or decide a sentence.
The bill would not apply in cases of violent crimes.
It defines postpartum as one year after a pregnancy ends, regardless of whether it is a live birth or not.
Instead of prison, a judge could give a deferred or delayed sentence, a furlough or diversion.
"There's a lot misconception around what postpartum is, there's a lot misconception around what pregnancy feels like and what it does to a body and so what we are trying to put in statute is actual medical recommendations so that people can't just make assumptions and consider it with the proper diligence that it is owed," said State Rep. Jennifer Bacon, a democrat whose district includes denver.
Of the 11 states with nursery programs or in jails and prisons, Colorado is not one of them.
The Colorado District Attorneys' council says, judges should also consider things like the seriousness of the crime, a defendant's criminal history and their likelihood to comply with conditions of bond when deciding whether to release her.
