Georgia Law on the Treatment of Pregnant and Postpartum Women

Georgia has passed a law pertaining to the handcuffing and restraint, among other things, of pregnant and postpartum women.  The code section is 42-1-11.3 O.C.G.A.

A key portion of the law deals with handcuffing or restraining women in the second or third trimester of pregnancy or in the immediate postpartum period, defined by the law as the immediate six weeks after childbirth unless extended by a physician:

(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.

I won’t argue as to how this applies to initial arrests.  I suggest that if you are a Georgia peace officer that you seek legal guidance from your agency on that matter.