--- title: SB 185. Correctional Institutions of State and Counties; use of state funds or resources for certain treatments for state inmates; prohibit collection: bills id: 2025-2026/sb185 cite_as: SB 185, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb185 md_url: https://georgiacommons.org/bills/2025-2026/sb185.md text_url: https://georgiacommons.org/bills/2025-2026/sb185/text source_url: https://www.legis.ga.gov/legislation/70386 date: 2025-05-08 status: passed corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb184.md next: https://georgiacommons.org/bills/2025-2026/sb186.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 1231 omitted_url: https://georgiacommons.org/bills/2025-2026/sb185.md?full=1 bill_number: SB 185 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2025-05-08 last_action: Effective Date 2025-05-08 sponsors: - Randy Robertson - Steve Gooch - John Albers - Carden Summers - Max Burns - Chuck Hufstetler - Chuck Payne - Ricky Williams - Mike Hodges - Frank Ginn - Russ Goodman - Blake Tillery - Drew Echols - Brian Strickland - Marty Harbin - Lee Anderson - Bo Hatchett - Brandon Beach - Jason Anavitarte - Matt Brass - Ben Watson - Scott Hilton text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/SB185/2025 upstream_id: 1974129 summaries_model: claude-sonnet-5 topic_tags: - state inmates - prison healthcare - gender transition treatment - Department of Corrections - transgender inmate policy --- # SB 185. Correctional Institutions of State and Counties; use of state funds or resources for certain treatments for state inmates; prohibit ## Text 25 LC 39 4625 Senate Bill 185 By: Senators Robertson of the 29th, Gooch of the 51st, Albers of the 56th, Summers of the 13th, Burns of the 23rd and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to1 correctional institutions of state and counties, so as to prohi bit the use of state funds or2 resources for certain treatments for state inmates; to provide for the adoption of rules and3 regulations by the Board of Corrections relating to such prohib itions and exceptions; to4 provide for a definition; to provide for related matters; to pr ovide for an effective date; to5 repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 5 of Title 42 of the Official Code of Georgia Annotated , relating to correctional9 institutions of state and counties, is amended by revising Code Section 42-5-2, relating to10 responsibilities of governmental unit with custody of inmate, c osts of emergency and11 follow-up care, access to medical services or hospital care, an d hospital requirements for12 providing emergency health care services to state inmates, as follows:13 S. B. 185 - 1 - 25 LC 39 4625 "42-5-2.14 (a) As used in this Code section, the term 'state inmate' means any inmate in the custody15 of the department and for whom the department shall be responsi ble for the payment of16 medical care.17 (b) Except as provided in subsection (b) (c) of this Code section, it shall be the18 responsibility of the governmental unit, subdivision, or agency having the physical custody19 of an inmate to maintain the inmate, furnishing him such inmate food, clothing, and any20 needed medical and hospital attention; to defend any habeas corpus or other proceedings21 instituted by or on behalf of the inmate; and to bear all expenses relative to any escape and22 recapture, including the expenses of extradition. Except as provided in subsection (b)(c)23 of this Code section, it shall be the responsibility of the department to bear the costs of any24 reasonable and necessary emergency medical and hospital care which is provided to any25 inmate after the receipt by the department of the notice provided by subsection (a) of Code26 Section 42-5-50 who is in the physical custody of any other pol itical subdivision or27 governmental agency of this state, except a county correctional institution, if the inmate is28 available and eligible for the transfer of his custody to the d epartment pursuant to Code29 Section 42-5-50. Except as provided in subsection (b) (c) of this Code section, the30 department shall also bear the costs of any reasonable and necessary follow-up medical or31 hospital care rendered to any such inmate as a result of the in itial emergency care and32 treatment of the inmate. With respect to state inmates housed in county correctional33 institutions, the department shall bear the costs of direct med ical services required for34 emergency medical conditions posing an immediate threat to life or limb if the inmate35 cannot be placed in a state ins titution for the r eceipt of this care. The responsibility for36 payment will commence when the costs for direct medical service s exceed an amount37 specified by rules and regulations of the Board of Corrections board. The department will38 pay only the balance in excess of the specified amount. Except as provided in subsection39 (b)(c) of this Code section, it shall remain the responsibility of th e governmental unit40 S. B. 185 - 2 - 25 LC 39 4625 having the physical custody of an inmate to bear the costs of s uch medical and hospital41 care, if the custody of the inmate has been transferred from the department pursuant to any42 order of any court within this state. The department shall have the authority to promulgate43 rules and regulations relative to payment of such medical and h ospital costs by the44 department.45 (b)(c)(1) The officer in charge will provide an inmate access to med ical services or46 hospital care and may arrange for the inmate's health insurance carrier to pay the health47 care provider for the services or care rendered as provided in Article 3 of Chapter 4 of48 this title.49 (2) With respect to an inmate covered under Article 3 of Chapter 4 of this title, the costs50 of any medical services, emergency medical and hospital care, or follow-up medical or51 hospital care as provided in subsection (a) (b) of this Code section for which a local52 governmental unit is responsible shall mean the costs of such m edical services and53 hospital care which have not been paid by the inmate's health i nsurance carrier or the54 Department of Community Health.55 (c)(d) A hospital authority or hospital which is not a party to a contract with the Georgia56 Department of Corrections department or its agents on July 1, 2009, shall be reimbursed57 no more than the applicable Georgia Medicaid rate for emergency services provided to58 such state inmate. For purposes of this subsection, the term ' state inmate' means any59 inmate for whom the Georgia Department of Corrections shall be responsible for the60 payment of medical care thereof. Nothing in this Code section shall prohibit the Georgia61 Department of Corrections department from negotiating higher fees or rates with health62 care providers. It is the intent of the General Assembly that the Georgia Department of63 Corrections department or its agents enter into negotiations with health care providers to64 contract for the provision of services as provided in this Code section.65 (e)(1) Except as otherwise provided for in paragraph (2) of this subsection, no state funds66 or resources shall be used for the following treatments for state inmates:67 S. B. 185 - 3 - 25 LC 39 4625 (A) Sex reassignment surgeries or any other surgical procedures that are performed for68 the purpose of altering primary or secondary sexual characteristics;69 (B) Hormone replacement therapies; and70 (C) Cosmetic procedures or prosthetics intended to alter the appearance of primary or71 secondary sexual characteristics.72 (2) The board shall adopt rules and regulations regarding the procedures and therapies73 prohibited by this subsection, which shall provide for the following limited instances in74 which the treatments set forth in paragraph (1) of this subsection shall be authorized:75 (A) Treatments for medical conditions where such treatments ar e considered 76 medically necessary, provided that such condition is not gender dysphoria or the77 purpose of such treatment is not for sex reassignment;78 (B) Treatments for individuals born with a medically verifiabl e disorder of sex79 development, including individuals born with ambiguous genitali a or chromosomal80 abnormalities resulting in ambiguity regarding the individual's biological sex;81 (C) Treatments for individuals with partial androgen insensitivity syndrome; and82 (D) Hormone replacement therapy treatment for state inmates who were being treated83 with such therapy prior to the effective date of this Act, provided that the provision of84 such therapy is solely for the purpose of transitioning off such therapy."85 SECTION 2.86 This Act shall become effective upon its approval by the Governor or upon its becoming law87 without such approval.88 SECTION 3.89 All laws and parts of laws in conflict with this Act are repealed. 90 S. B. 185 - 4 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. Senate Bill 185 bars the Georgia Department of Corrections from using state funds or resources to pay for gender transition surgeries, hormone therapy, or related cosmetic procedures for state inmates, with narrow medical exceptions set by the Board of Corrections. ### Plain-language summary 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. ### What it does - 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. ### Who it affects 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. ### Why it matters 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. ### Key provisions - 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. ## Status - Status: Passed (2025-05-08) - Last action: Effective Date 2025-05-08 (2025-05-08) - Sponsors: Randy Robertson, Steve Gooch, John Albers, Carden Summers, Max Burns, Chuck Hufstetler, Chuck Payne, Ricky Williams, Mike Hodges, Frank Ginn, Russ Goodman, Blake Tillery, Drew Echols, Brian Strickland, Marty Harbin, Lee Anderson, Bo Hatchett, Brandon Beach, Jason Anavitarte, Matt Brass, Ben Watson, Scott Hilton - Official page: https://www.legis.ga.gov/legislation/70386 > The history, votes, and amendments (1,231 characters) are at https://georgiacommons.org/bills/2025-2026/sb185.md?full=1