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