Georgia HB 7: Penal institutions; use of restraints on pregnant female inmates under certain circumstances; prohibit

Bill Text

LC 35 2744
- 1 -
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated,1
relating to inmate policies and penal institutions, so as to prohibit the use of restraints on2
pregnant female inmates under certain circumstances; to provide for related matters; to repeal3
conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Article 1 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to7
inmate policies and penal institutions, is amended by adding a new Code section to read as8
follows:9
"42-1-11.3.10
(a) For purposes of this Code section, the term 'inmate' means any pregnant female who11
is incarcerated in a place of confinement for persons accused of or convicted of violating12
a law of this state or an ordinance of a political subdivision of this state.13
(b) The use of individual mechanical restraints, including handcuffs and shackles, on an14
inmate during such time that she is experiencing labor or during delivery or postdelivery15
recovery shall be prohibited unless there is a reasonable basis to believe that the use of16
restraints is necessary to prevent such inmate from injuring herself or others."17
SECTION 2.18
All laws and parts of laws in conflict with this Act are repealed.19