SB185: SB185 Correctional Institutions of State and Counties; use of state funds or resources for certain treatments for state inmates; prohibit

Georgia law currently requires the Department of Corrections and local governments to cover the cost of medical care for inmates in their custody. This bill amends that law (O.C.G.A. § 42-5-2) to add a new rule: no state funds or resources can be used to pay for sex reassignment surgeries, hormone replacement therapy, or cosmetic procedures aimed at changing an inmate's primary or secondary sexual characteristics. The bill lets the Board of Corrections write rules allowing exceptions in a few situations, such as when a treatment is medically necessary for a condition that is not gender dysphoria, when an inmate was born with a diagnosed disorder of sex development or partial androgen insensitivity syndrome, or when an inmate already receiving hormone therapy needs it to taper off safely. The change would take effect as soon as the Governor signs it or it otherwise becomes law without his signature.

• Prohibits the use of state funds or resources to pay for sex reassignment surgeries or other surgeries altering primary or secondary sexual characteristics for state inmates.
• Bans state-funded hormone replacement therapy and cosmetic procedures or prosthetics meant to alter sexual characteristics for state inmates.
• Directs the Board of Corrections to adopt rules and regulations defining exceptions to these bans.
• Allows exceptions for medically necessary treatment of conditions other than gender dysphoria, for verified disorders of sex development, and for partial androgen insensitivity syndrome.
• Permits continued hormone therapy for inmates already receiving it before the law takes effect, but only to taper them off the treatment.
• Keeps in place the existing framework for who pays for inmates' emergency and follow-up medical care under O.C.G.A. § 42-5-2.

State inmates in the custody of the Georgia Department of Corrections, including transgender inmates seeking gender-related medical treatment, the Department of Corrections itself, the Board of Corrections, which must write the exception rules, and local governmental units that share responsibility for inmate medical costs.

Inmates who might otherwise receive state-funded gender transition surgery, hormone therapy, or related cosmetic treatment would no longer be able to get those specific treatments paid for with state money, except in narrow circumstances defined by the Board of Corrections, changing what medical care is available to them while incarcerated.

• Section 1 revises O.C.G.A. § 42-5-2, keeping the existing rules on who pays for inmates' emergency and follow-up medical and hospital care.
• New subsection (e)(1) bars state funds or resources from paying for sex reassignment surgeries, other surgeries altering sexual characteristics, hormone replacement therapy, and related cosmetic procedures or prosthetics for state inmates.
• New subsection (e)(2) requires the Board of Corrections to adopt rules setting out limited exceptions to the ban.
• Exceptions cover medically necessary treatment unrelated to gender dysphoria, verified disorders of sex development including ambiguous genitalia or chromosomal abnormalities, and partial androgen insensitivity syndrome.
• An exception also allows inmates already on hormone therapy before the law's effective date to continue solely to transition off the therapy.
• Section 2 makes the Act effective immediately upon the Governor's approval or upon becoming law without his signature.
• Section 3 repeals any conflicting laws.

1. 2025-05-08Effective Date 2025-05-08
2. 2025-05-08Act 69
3. 2025-05-08Senate Date Signed by Governor (Senate)
4. 2025-04-10Senate Sent to Governor (Senate)
5. 2025-04-02House Passed/Adopted (House)
6. 2025-04-02House Third Readers (House)
7. 2025-04-02House Committee Favorably Reported (House)
8. 2025-03-06House Second Readers (House)

• Randy Robertson (R, SD-029)Primary sponsor
• Steve Gooch (R, SD-051)
• John Albers (R, SD-056)
• Carden Summers (R, SD-013)
• Max Burns (R, SD-023)
• Chuck Hufstetler (R, SD-052)
• Chuck Payne (R, SD-054)
• Ricky Williams (R, SD-025)
• Mike Hodges (R, SD-003)
• Frank Ginn (R, SD-047)
• Russ Goodman (R, SD-008)
• Blake Tillery (R, SD-019)
• Drew Echols (R, SD-049)
• Brian Strickland (R, SD-042)
• Marty Harbin (R, SD-016)
• Lee Anderson (R, SD-024)
• Bo Hatchett (R, SD-050)
• Brandon Beach (R, SD-021)
• Jason Anavitarte (R, SD-031)
• Matt Brass (R, SD-006)
• Ben Watson (R, SD-001)
• Scott Hilton (R, HD-048)

1. FailedSenate voteMarch 3, 2025

   19 yea, 34 nay (2 not voting, 1 absent)

   Adoption Of Amendment #1 By The Senator From The 44th: Senate Vote #127

2. PassedSenate voteMarch 3, 2025

   37 yea, 15 nay (3 not voting, 1 absent)

   Passage: Senate Vote #128

3. PassedHouse voteApril 2, 2025

   100 yea, 2 nay (7 not voting, 71 absent)

   Passage: House Vote #391

• state inmates
• prison healthcare
• gender transition treatment
• Department of Corrections
• transgender inmate policy