HB497: HB497 Penal institutions; inmate be allowed to dress in plain clothes during trial proceedings; provide

Currently, Georgia law does not clearly bar jailers and sheriffs from making inmates appear at trial in prison uniforms or with their heads shaved. This bill adds a new section to the state's laws on conditions of detention (O.C.G.A. Title 42, Chapter 5, Article 3) that makes it a crime for a sheriff, jailer, or other officer to require a person to go to trial dressed as a prisoner or with a shaved or clipped head, rather than in ordinary civilian clothes. The bill also says no one charged with a crime can be tried while dressed in prison clothing or with a shaved head caused by an officer's order, unless the head was shaved during an earlier prison sentence for a different crime. Any sheriff, jailer, or officer who violates this new rule would be guilty of a misdemeanor. The bill does not list a separate effective date, so it would take effect under Georgia's standard rules once signed.

• Adds a new Code section (O.C.G.A. § 42-5-58.1) making it illegal for sheriffs, jailers, or other officers to force an inmate to appear at trial in prison clothing rather than civilian dress.
• Bans officers from requiring a defendant's head to be shaved or clipped before a trial appearance, except when shaving occurred during an earlier prison term for a separate crime.
• Prohibits any criminal trial from happening while the defendant is dressed as a prisoner or has a shaved head caused by an officer's directive.
• Creates a criminal penalty: any sheriff, jailer, or officer who violates the rule is guilty of a misdemeanor.
• Repeals any existing laws that conflict with this new rule.

The bill affects people held in Georgia jails and prisons who are awaiting or undergoing criminal trials, as well as sheriffs, jailers, and other detention officers who could face misdemeanor charges for forcing inmates to appear in prison garb or with shaved heads.

If enacted, defendants held in custody would have a legal right to wear ordinary clothes and avoid a shaved head appearance in court, which can influence how jurors perceive them. Officers who violate the rule would face criminal misdemeanor charges rather than just internal discipline.

• Section 1 adds new Code section 42-5-58.1 to Article 3 of Chapter 5 of Title 42, covering conditions of detention.
• The new section makes it unlawful for a sheriff, jailer, or other officer to require an inmate to appear at trial in prisoner dress, non-civilian apparel, or with a shaved or clipped head.
• It separately bars any criminal trial from occurring under those same conditions, with an exception if the head was shaved during a prior term of imprisonment for a crime.
• Violation by a sheriff, jailer, or officer is classified as a misdemeanor upon conviction.
• Section 2 repeals all laws and parts of laws that conflict with the Act.

1. 2025-02-20House Second Readers (House)
2. 2025-02-19House First Readers (House)
3. 2025-02-18House Hopper (House)

• Jasmine Clark (D, HD-108)Primary sponsor
• Tanya Miller (D, HD-062)
• Jordan Ridley (R, HD-022)
• Derrick Jackson (D, HD-068)
• Dar'shun Kendrick (D, HD-095)

• criminal justice
• inmate rights
• trial procedure
• jails and prisons