Signed by Governor Brian Kemp

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the shackling of pregnant inmates, and establishes other rights for imprisoned women.

Highlights:

• Specifies that a pregnant woman shall not be required to squat or cough during a strip search conducted by a custodian during the second or third trimester of pregnancy (Sec. 1).

• Specifies that a pregnant woman shall not be required to undergo any vaginal examination unless prescribed and performed by a licensed healthcare professional (Sec. 1).

• Specifies that a custodian shall not use handcuffs, waist shackles, leg irons, or restraints of any kind on a pregnant woman who is (Sec. 1):

• In the second or third trimester of pregnancy;

• In labor or in delivery; or

• In the immediate postpartum period.

• Authorizes a woman who is in the immediate postpartum period to be restrained using wrist handcuffs with her wrist held in front of her body if there is evidence to suggest the woman presents (Sec. 1):

• An immediate and serious threat to harm herself, staff or others; or

• A substantial flight risk and cannot be reasonably restrained by other means.

• Requires that if a custodian uses wrist handcuffs on a woman who is in the immediate postpartum period under an exception, they document the details of the exception within 2 days of the incident (Sec. 1).

• Prohibits a pregnant woman or a woman in the immediate postpartum period from being placed in solitary confinement, administrative segregation, or medical observation in a solitary confinement setting (sec. 1).

• Establishes that it is the intent of the General Assembly to expeditiously transfer a pregnant woman who is temporarily held in a county jail to a state penal institution as quickly as possible (Sec. 1).

• Exempts pregnant woman from the above mentioned subsection on prison transfers if they were sentenced to a county jail by a judge (Sec. 1).

• Defines “custodian” as a warden, sheriff, jailer, deputy sheriff, police officer, or other law enforcement officer (Sec. 1).

• Defines “immediate postpartum period” as the 6 week period following childbirth unless extended by a physician due to complications (Sec. 1).

• Defines “pregnant woman” as a woman whose pregnancy has been verified by a pregnancy test or through a medical examination conducted by a physician (Sec. 1).

• Defines “woman” as a juvenile or adult female who is confined in a penal institution (Sec. 1).

• Defines “penal institution” as any place of confinement for juvenile or adult individuals accused of, convicted of, or adjudicated for violating a law of this state or an ordinance of  a political subdivision of this state (Sec. 1).

Full Bill Text