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HB 345/AP

House Bill 345 (AS PASSED HOUSE AND SENATE)
By: Representatives Cooper of the 43rd, Silcox of the 52nd, Anulewicz of the 42nd, Rich of the
97th, Harrell of the 106th, and others

A BILL TO BE ENTITLED
AN ACT

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To amend Article 1 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated,

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relating to inmate policies, so as to provide for prohibited practices relating to a pregnant

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female inmate or a female inmate who is in the immediate postpartum period; to provide for

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definitions; to prohibit certain actions relating to strip searches, restraints, examinations,

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labor and delivery, solitary confinement, and transfer; to provide for related matters; to

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provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

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Article 1 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to

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inmate policies, is amended by adding a new Code section to read as follows:

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"42-1-11.3.

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(a) As used in this Code section, the term:

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(1) 'Custodian' means warden, sheriff, jailer, deputy sheriff, police officer, or any other

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law enforcement officer.

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(2) 'Immediate postpartum period' means the six-week period following childbirth unless

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extended by a physician due to complications.

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(3) 'Officer in charge' means the individual who is responsible for the supervision of a

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penal institution.

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(4) 'Penal institution' means any place of confinement for juvenile or adult individuals

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accused of, convicted of, or adjudicated for violating a law of this state or an ordinance

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of a political subdivision of this state.

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(5) 'Pregnant woman' means a woman whose pregnancy has been verified by a

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pregnancy test or through a medical examination conducted by a physician.

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(6) 'Woman' means a juvenile or adult female who is confined in a penal institution.

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(b) A pregnant woman shall not be required to squat or cough during a strip search

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conducted by a custodian during the second or third trimester of pregnancy.

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(c) A pregnant woman shall not be required to undergo any vaginal examination unless

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prescribed and performed by a licensed health care professional.(d)(1) Except as otherwise

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provided in this subsection and notwithstanding Code Section 42-5-58, a custodian shall
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HB 345/AP

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not use handcuffs, waist shackles, leg irons, or restraints of any kind on a pregnant woman

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who is in the second or third trimester of pregnancy, in labor, or in delivery, or on a woman

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in the immediate postpartum period.

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(2) A woman who is in the immediate postpartum period may only be restrained using

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wrist handcuffs with her wrists held in front of her body and only if there are compelling

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grounds to believe that such woman presents:

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(A) An immediate and serious threat of harm to herself, staff, or others; or

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(B) A substantial flight risk and cannot be reasonably contained by other means.

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(3) If a custodian uses wrist handcuffs on a woman who is in the immediate postpartum

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period under an exception provided in paragraph (2) of this subsection, the circumstances

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for and details of such exception shall be documented within two days of the incident.

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Such information shall include the nature of the circumstances and the length of time of

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such use of restraints. The documentation shall be reviewed by the officer in charge and

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retained by the penal institution for reporting purposes.

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(4) Nothing in this subsection shall prohibit the use of medical restraints by a licensed

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health care professional to ensure the medical safety of a pregnant woman.

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(e) A pregnant woman or woman who is in the immediate postpartum period shall not be

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placed in solitary confinement, in administrative segregation, or for medical observation

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in a solitary confinement setting; provided, however, that this shall not prevent the

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placement of such woman in a cell or hospital room by herself.

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(f) It is the intent of the General Assembly that a pregnant woman who is temporarily held

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in a county jail pending transfer to a state penal institution be transferred as expeditiously

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as possible. The Department of Corrections and a sheriff overseeing a county jail in which

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a pregnant woman is incarcerated shall make all reasonable efforts to facilitate such

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transfer. This subsection shall not apply to a pregnant woman who has been sentenced to

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a county jail by a judge.

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SECTION 2.

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This Act shall become effective on October 1, 2019.

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SECTION 3.

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All laws and parts of laws in conflict with this Act are repealed.

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