| 1 | 1 | | 24 LC 48 1212 |
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| 2 | 2 | | Senate Bill 544 |
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| 3 | 3 | | By: Senator Harbison of the 15th |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | To amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, |
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| 7 | 7 | | 1 |
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| 8 | 8 | | relating to arrest by law enforcement officers generally, so as to provide that arrested women2 |
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| 9 | 9 | | submit to pregnancy testing protocols under certain circumstances; to amend Article 1 of3 |
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| 10 | 10 | | Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to inmate policies,4 |
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| 11 | 11 | | so as to revise provisions relating to the treatment of pregnant and postpartum female5 |
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| 12 | 12 | | inmates; to revise a definition; to enact a provision regarding delayed sentencing for pregnant6 |
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| 13 | 13 | | or postpartum female inmates; to provide for the reporting of certain information; to provide7 |
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| 14 | 14 | | for related matters; to provide for a short title; to repeal conflicting laws; and for other8 |
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| 15 | 15 | | purposes.9 |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 17 | 17 | | PART I11 |
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| 18 | 18 | | SECTION 1-1.12 |
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| 19 | 19 | | This Act shall be known and may be cited as the ''Georgia Women's CARE (Child Care13 |
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| 20 | 20 | | Alternatives, Resources, and Education) Act.''14 |
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| 21 | 21 | | SECTION 1-2.15 |
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| 22 | 22 | | S. B. 544 |
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| 23 | 23 | | - 1 - 24 LC 48 1212 |
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| 24 | 24 | | Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to |
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| 25 | 25 | | 16 |
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| 26 | 26 | | arrest by law enforcement officers generally, is amended by revising Code Section 17-4-26,17 |
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| 27 | 27 | | relating to duty to bring persons arrested before judicial officer within 72 hours, notice to18 |
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| 28 | 28 | | accused of time and place of commitment hearing, and effect of failure to notify, as follows:19 |
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| 29 | 29 | | "17-4-26.20 |
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| 30 | 30 | | (a) |
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| 31 | 31 | | Every law enforcement officer arresting under a warrant shall exercise reasonable21 |
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| 32 | 32 | | diligence in bringing the person arrested before the judicial officer authorized to examine,22 |
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| 33 | 33 | | commit, or receive bail and in any event to present the person arrested before a committing23 |
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| 34 | 34 | | judicial officer within 72 hours after arrest. The accused shall be notified as to when and24 |
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| 35 | 35 | | where the commitment hearing is to be held. An arrested person who is not notified before25 |
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| 36 | 36 | | the hearing of the time and place of the commitment hearing shall be released.26 |
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| 37 | 37 | | (b) Every woman arrested who is not released on bond within 72 hours of arrest shall27 |
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| 38 | 38 | | submit to pregnancy testing protocols of the facility. Pregnancy testing shall include urine,28 |
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| 39 | 39 | | blood, ultrasound scan, or other standard pregnancy testing protocols of the facility."29 |
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| 40 | 40 | | PART II30 |
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| 41 | 41 | | SECTION 2-1.31 |
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| 42 | 42 | | Article 1 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to32 |
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| 43 | 43 | | inmate policies, is amended by revising Code Section 42-1-11.3, relating to treatment of33 |
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| 44 | 44 | | pregnant and postpartum female inmates, as follows:34 |
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| 45 | 45 | | "42-1-11.3.35 |
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| 46 | 46 | | (a) As used in this Code section, the term:36 |
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| 47 | 47 | | (1) 'Custodian' means warden, sheriff, jailer, deputy sheriff, police officer, or any other37 |
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| 48 | 48 | | law enforcement officer.38 |
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| 49 | 49 | | (2) 'Immediate postpartum period' means the six-week period following childbirth,39 |
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| 50 | 50 | | unless extended by a physician due to because of complications.40 |
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| 51 | 51 | | S. B. 544 |
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| 52 | 52 | | - 2 - 24 LC 48 1212 |
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| 53 | 53 | | (3) 'Officer in charge' means the individual who is responsible for the supervision of a |
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| 54 | 54 | | 41 |
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| 55 | 55 | | penal institution.42 |
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| 56 | 56 | | (4) 'Penal institution' means any place of confinement for juvenile or adult individuals43 |
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| 57 | 57 | | accused of, convicted of, or adjudicated for violating a law of this state or an ordinance44 |
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| 58 | 58 | | of a political subdivision of this state.45 |
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| 59 | 59 | | (5) 'Pregnant woman' means a woman whose pregnancy has been verified by a46 |
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| 60 | 60 | | pregnancy test or through a medical examination conducted by a physician.47 |
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| 61 | 61 | | (6) 'Woman' means a juvenile or adult female who is confined in a penal institution.48 |
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| 62 | 62 | | (b) A pregnant woman shall not be required to squat or cough during a strip search49 |
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| 63 | 63 | | conducted by a custodian during the second or third trimester of pregnancy.50 |
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| 64 | 64 | | (c) A pregnant woman shall not be required to undergo any vaginal examination unless51 |
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| 65 | 65 | | prescribed and performed by a licensed health care |
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| 66 | 66 | | healthcare professional.52 |
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| 67 | 67 | | (d)(1) Except as otherwise provided in this subsection and notwithstanding Code53 |
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| 68 | 68 | | Section 42-5-58, a custodian shall not use handcuffs, waist shackles, leg irons, or54 |
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| 69 | 69 | | restraints of any kind on a pregnant woman who is in the second or third trimester of55 |
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| 70 | 70 | | pregnancy, in labor, or in delivery, or on a woman in the immediate postpartum period.56 |
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| 71 | 71 | | (2) A woman who is in the immediate postpartum period may only be restrained using57 |
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| 72 | 72 | | with the use of wrist handcuffs with her wrists held in front of her body and only if there58 |
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| 73 | 73 | | are compelling grounds to believe that such woman presents:59 |
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| 74 | 74 | | (A) An immediate and serious threat of harm to herself, staff, or others; or60 |
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| 75 | 75 | | (B) A substantial flight risk and cannot be reasonably contained by other means.61 |
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| 76 | 76 | | (3) If a custodian uses wrist handcuffs on a woman who is in the immediate postpartum62 |
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| 77 | 77 | | period under an exception provided in paragraph (2) of this subsection, the circumstances63 |
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| 78 | 78 | | for and details of such exception shall be documented within two days of the incident. 64 |
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| 79 | 79 | | Such information shall include the nature of the circumstances and the length of time of65 |
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| 80 | 80 | | such use of restraints. The documentation shall be reviewed by the officer in charge and66 |
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| 81 | 81 | | retained by the penal institution for reporting purposes.67 |
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| 82 | 82 | | S. B. 544 |
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| 83 | 83 | | - 3 - 24 LC 48 1212 |
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| 84 | 84 | | (4) Nothing in this subsection shall prohibit the use of medical restraints by a licensed |
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| 85 | 85 | | 68 |
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| 86 | 86 | | health care |
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| 87 | 87 | | healthcare professional to ensure the medical safety of a pregnant woman.69 |
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| 88 | 88 | | (e) A pregnant woman or woman who is in the immediate postpartum period shall not be70 |
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| 89 | 89 | | placed in solitary confinement, in administrative segregation, or for medical observation71 |
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| 90 | 90 | | in a solitary confinement setting; provided, however, that this shall not prevent the72 |
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| 91 | 91 | | placement of such woman in a cell or hospital room by herself.73 |
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| 92 | 92 | | (f)(1) At the time of sentencing, if a judge determines that a pregnant woman is74 |
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| 93 | 93 | | sentenced to a period of confinement in a penal institution, the pregnant woman shall75 |
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| 94 | 94 | | have such sentence deferred until six weeks after delivery unless denied by a judge due76 |
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| 95 | 95 | | to imposed safety risks or declined by the pregnant woman. During such deferred time,77 |
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| 96 | 96 | | the offender shall maintain perinatal healthcare, treatment, and assessments and shall78 |
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| 97 | 97 | | participate in education and resource programs. The pregnant woman shall report to the79 |
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| 98 | 98 | | Department of Community Supervision monthly via phone and check in electronically80 |
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| 99 | 99 | | with the Department of Community Supervision through a website link, providing81 |
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| 100 | 100 | | confirmation of perinatal healthcare contact information, as well as contact information82 |
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| 101 | 101 | | of participation in education and resource programs. If the court finds that the offender83 |
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| 102 | 102 | | is not compliant with perinatal healthcare requirements, the court may rescind the84 |
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| 103 | 103 | | deferred sentence and order confinement immediately.85 |
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| 104 | 104 | | (2) Such assessments and treatments may utilize community support services, licensed86 |
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| 105 | 105 | | healthcare professionals, social programs, and local and state government agencies,87 |
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| 106 | 106 | | including, but not limited to, nonprofit organizations and the Department of Human88 |
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| 107 | 107 | | Services in providing necessary care.89 |
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| 108 | 108 | | (3) If a pregnant woman experiences early termination of pregnancy for any reason, the90 |
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| 109 | 109 | | woman shall report the termination to the Department of Community Supervision91 |
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| 110 | 110 | | within 24 hours and self-surrender in accordance with the instructions provided.92 |
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| 111 | 111 | | (4) If a pregnant woman violates any condition of this subsection, she shall immediately93 |
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| 112 | 112 | | self-surrender to the nearest penal institution.94 |
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| 113 | 113 | | S. B. 544 |
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| 114 | 114 | | - 4 - 24 LC 48 1212 |
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| 115 | 115 | | (g) Commencing January 1, 2025, and annually thereafter, penal institutions shall report95 |
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| 116 | 116 | | to the Department of Public Health the following for the previous year:96 |
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| 117 | 117 | | (1) Data collected pursuant to paragraph (1) of subsection (f) of this Code section for97 |
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| 118 | 118 | | women who were incarcerated at such penal institution;98 |
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| 119 | 119 | | (2) The total number of women who were incarcerated at such penal institution;99 |
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| 120 | 120 | | (3) The total number of pregnant women who were incarcerated at such penal institution;100 |
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| 121 | 121 | | and101 |
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| 122 | 122 | | (4) The total number of women who were incarcerated at such penal institution and102 |
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| 123 | 123 | | declined deferred sentencing.103 |
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| 124 | 124 | | (h) The report provided pursuant to subsection (g) of this Code section shall exclude104 |
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| 125 | 125 | | patient identifying information and shall be compliant with state and federal laws regarding105 |
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| 126 | 126 | | confidentiality including the requirements of the federal Health Insurance Portability and106 |
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| 127 | 127 | | Accountability Act (HIPAA) of 1996.107 |
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| 128 | 128 | | (i) It is the intent of the General Assembly that a pregnant woman who is temporarily held108 |
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| 129 | 129 | | in a county jail pending transfer to a state penal institution be transferred as expeditiously109 |
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| 130 | 130 | | as possible. The Department of Corrections and a sheriff overseeing a county jail in which110 |
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| 131 | 131 | | a pregnant woman is incarcerated shall make all reasonable efforts to facilitate such111 |
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| 132 | 132 | | transfer. This subsection shall not apply to a pregnant woman who has been sentenced to112 |
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| 133 | 133 | | a county jail by a judge."113 |
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| 134 | 134 | | PART III114 |
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| 135 | 135 | | SECTION 3-1.115 |
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| 136 | 136 | | All laws and parts of laws in conflict with this Act are repealed.116 |
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| 137 | 137 | | S. B. 544 |
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| 138 | 138 | | - 5 - |
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