Treatment of pregnant and postpartum female inmates

(a) As used in this Code section, the term: (1) “Custodian” means warden, sheriff, jailer, deputy sheriff, police officer, or any other law enforcement officer. (2) “Immediate postpartum period” means the six-week period following childbirth unless extended by a physician due to complications. (3) “Officer in charge” means the individual who is responsible for the supervision of a penal institution. (4) “Penal institution” means 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. (5) “Pregnant woman” means a woman whose pregnancy has been verified by a pregnancy test or through a medical examination conducted by a physician. (6) “Woman” means a juvenile or adult female who is confined in a penal institution. 104 42-1-11.3 GENERAL PROVISIONS 42-1-11.3 (b) 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. (c) A pregnant woman shall not be required to undergo any vaginal examination unless prescribed and performed by a licensed health care professional. (d)(1) Except as otherwise provided in this subsection and notwithstanding Code Section 42-5-58, a custodian shall not use handcuffs, waist shackles, leg irons, or restraints of any kind on a pregnant woman who is in the second or third trimester of pregnancy, in labor, or in delivery, or on a woman in the immediate postpartum period. (2) A woman who is in the immediate postpartum period may only be restrained using wrist handcuffs with her wrists held in front of her body and only if there are compelling grounds to believe that such woman presents: (A) An immediate and serious threat of harm to herself, staff, or others; or (B) A substantial flight risk and cannot be reasonably contained by other means. (3) If a custodian uses wrist handcuffs on a woman who is in the immediate postpartum period under an exception provided in paragraph (2) of this subsection, the circumstances for and details of such exception shall be documented within two days of the incident. Such information shall include the nature of the circumstances and the length of time of such use of restraints. The documentation shall be reviewed by the officer in charge and retained by the penal institution for reporting purposes. (4) Nothing in this subsection shall prohibit the use of medical restraints by a licensed health care professional to ensure the medical safety of a pregnant woman. (e) A pregnant woman or woman who is in the immediate postpartum period shall not be placed in solitary confinement, in administrative segregation, or for medical observation in a solitary confinement setting; provided, however, that this shall not prevent the placement of such woman in a cell or hospital room by herself. (f) It is the intent of the General Assembly that a pregnant woman who is temporarily held in a county jail pending transfer to a state penal institution be transferred as expeditiously as possible. The Department of Corrections and a sheriff overseeing a county jail in which a pregnant woman is incarcerated shall make all reasonable efforts to facilitate such transfer. This subsection shall not apply to a pregnant woman who has been sentenced to a county jail by a judge. 105 42-1-11.3 PENAL INSTITUTIONS 42-1-12 History. Code 1981, § 42-1-11.3, enacted by Ga. L. 2019, p. 761, § 1/HB 345. ARTICLE 2 SEXUAL OFFENDER RISK REVIEW BOARD Editor’s notes. Ga. L. 2006, p. 379, § 24/HB 1059, designated existing Code Sections 42-1-12 and 42-1-13 and new Code Sections 421-14 and 42-1-15 as Article 2 of this chapter. Ga. L. 2006, p. 379, § 1/HB 1059, not codified by the General Assembly, provides: “The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the longterm effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes: “(1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space; “(2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public; “(3) Providing for community and public notification concerning the presence of sexual offenders; “(4) Collecting data relative to sexual offenses and sexual offenders; “(5) Requiring sexual predators who are released into the community to wear an electronic monitoring system for the rest of their natural life and to pay for such system; and “(6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer. “The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offender’s presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender.”