HB 497: Penal institutions; inmate be allowed to dress in plain clothes during trial proceedings; provide

Under current Georgia law, there is no specific statute barring sheriffs or jailers from making an inmate appear at trial in prison clothing or with a forcibly shaved head. This bill adds a new section to Georgia's code on conditions of detention (O.C.G.A. Title 42, Chapter 5, Article 3) that makes it illegal for a sheriff, jailer, or other officer to require a person in custody to appear in court for trial wearing prisoner clothing or any apparel other than ordinary civilian dress, or with a head shaved or clipped at the officer's direction. The bill also says no person charged with a crime may be tried while dressed as a prisoner or with a shaved head caused by an officer, unless the shaving happened while that person was already serving a sentence for a crime. Any sheriff, jailer, or officer who violates this rule would be guilty of a misdemeanor. The bill repeals any conflicting laws but does not state a separate effective date.

• Creates a new Georgia code section (O.C.G.A. § 42-5-58.1) making it illegal for jail or prison officers to force an inmate to appear at trial in prisoner clothing instead of civilian dress.
• Bars officers from requiring a defendant's head to be shaved or clipped before a trial appearance, except when the shaving occurred during service of a prior sentence.
• Prohibits any criminal trial from proceeding with a defendant dressed in prison attire or bearing an officer-ordered shaved head, under the conditions described.
• Makes a sheriff, jailer, or other officer who violates these rules guilty of a misdemeanor, a criminal charge carrying lesser penalties than a felony.
• Repeals any existing Georgia laws that conflict with this new rule.

The bill affects people who are incarcerated and awaiting trial, sheriffs, jailers, and other detention officers who manage inmates' appearance for court, and criminal courts overseeing trials where a defendant is in custody.

Defendants who show up to trial in prison uniforms or with a shaved head can appear guilty to a jury before any evidence is heard. This bill would give detained defendants a legal right to wear regular clothes at trial and would expose officers who ignore that right to misdemeanor charges.

• Section 1 adds new Code section 42-5-58.1 to Title 42, Chapter 5, Article 3 of the Official Code of Georgia Annotated, which covers 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 uniform or apparel other than civilian dress.
• It also bars officer-ordered shaved or clipped heads for trial appearances, with an exception if the shaving happened during a prior term of imprisonment for a crime.
• Violation of the new section is classified as a misdemeanor for the responsible sheriff, jailer, or officer.
• Section 2 repeals any existing Georgia laws that conflict with this new rule.

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