GA HB1398

Arrested women not released on bond within 72 hours must be offered a urine pregnancy test; positive results limit bail to $100 maximum unless the woman poses a significant threat to others or public welfare

Courts must consider pregnancy or postpartum status (within 12 months of birth) as a mitigating factor at sentencing

Pregnant women sentenced to imprisonment who pose no significant threat must have their sentence deferred until at least 12 weeks postpartum, with supervised probation during pregnancy and up to 12 months after birth; probation requires participation in perinatal healthcare and education programs

Restraints (handcuffs, shackles, leg irons) are prohibited on pregnant women in second/third trimester, during labor/delivery, or in the immediate postpartum period (6 weeks); solitary confinement is also prohibited for these women

Beginning January 1, 2027, penal institutions must annually report to the Department of Public Health the number of incarcerated women and pregnant women; medical information from pregnancy testing cannot be used to establish criminal liability