2006 Indiana Code - CHAPTER 11. EMERGENCY TRANSFER OF CERTAIN JAIL INMATES
IC 35-33-11Chapter 11. Emergency Transfer of Certain Jail Inmates
IC 35-33-11-1
Inmate in county jail in imminent danger of serious bodily injury
or death or represents substantial threat to safety of others
35-33-11-1 Sec. 1. Upon motion by the:
(1) sheriff;
(2) prosecuting attorney;
(3) defendant or his counsel;
(4) attorney general; or
(5) court;
alleging that an inmate in a county jail awaiting trial is in danger of
serious bodily injury or death or represents a substantial threat to the
safety of others, the court shall determine whether the inmate is in
imminent danger of serious bodily injury or death, or represents a
substantial threat to the safety of others. If the court finds that the
inmate is in danger of serious bodily injury or death or represents a
substantial threat to the safety of others, it shall order the sheriff to
transfer the inmate to another county jail or to a facility of the
department of correction designated by the commissioner of the
department as suitable for the confinement of that prisoner and
provided that space is available. For the purpose of this chapter, an
inmate is not considered in danger of serious bodily injury or death
due to an illness or other medical condition.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-11-2
Posttransfer hearing
35-33-11-2 Sec. 2. The inmate or receiving authority is entitled to
a posttransfer hearing upon request. The inmate may refuse a transfer
if the only issue is his personal safety.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-11-3
Overcrowding or inadequacy of local penal facility
35-33-11-3 Sec. 3. Upon petition by the sheriff alleging that:
(1) the local penal facility is overcrowded or otherwise
physically inadequate to house inmates; and
(2) another sheriff or the commissioner of the department of
correction has agreed to accept custody of inmates from the
sheriff;
the court may order inmates transferred to the custody of the person
who has agreed to accept custody. Whenever a transfer order is
necessary under this section, only inmates serving a sentence after
conviction for a crime may be transferred, unless the overcrowding
or inadequacy of the facility also requires transfer of inmates
awaiting trial or sentencing.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-11-4
Return to county jail
35-33-11-4 Sec. 4. Whenever the court finds that the
circumstances which necessitated a transfer under this chapter no
longer exist, it shall order the sheriff to return the inmate to the
county jail from which he was transferred.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-11-5
Transportation to and from facilities; payment of costs by county
35-33-11-5 Sec. 5. When an inmate is transferred under this
chapter, the sheriff of the county from which the inmate is
transferred shall be responsible for transporting the inmates to and
from the other facility. If the sheriff is unable to adequately protect
the inmate during the transfer, the sheriff or the court may request
assistance from any other law enforcement agency. The county
which transfers an inmate shall pay:
(1) a per diem of the average daily cost of housing a prisoner at
the facility to which the inmate has been assigned; and
(2) any additional costs reasonably necessary to maintain the
health and welfare of a transferred inmate.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-11-6
Delivery of data with prisoner
35-33-11-6 Sec. 6. When an inmate is transferred under this
chapter, the sheriff of the county from which the inmate is received
shall deliver with the prisoner a certified copy of the order, a current
medical report, if available, and other data relating the proper
medical care and classification of the inmate that is established as
necessary by written policy of the department of correction or the
receiving institution, pertaining to the health, safety, and proper
confinement of safekeepers.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-11-7
Notice of subsequent transfer
35-33-11-7 Sec. 7. The department of correction will notify the
sheriff of the county and judge of the court from which the inmate
was transferred of any subsequent transfer of a prisoner within the
department of correction necessary to assure the purposes of the
original transfer.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-11-8
Assignment of prisoners serving sentence to program or work
35-33-11-8 Sec. 8. Prisoners serving a sentence after a conviction
and transfer to the department or other receiving institution may be
assigned to any program or work consistent with procedures and
requirements for other prisoners committed to the department or
other receiving institution.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-11-9
Assignment of prisoners awaiting trial to program or work
35-33-11-9 Sec. 9. Prisoners awaiting trial may be allowed to
work or be assigned to programs consistent with the rights regarding
prisoners awaiting trial.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-11-10
Discipline of prisoners awaiting trial
35-33-11-10 Sec. 10. The department of correction or other
receiving sheriff may discipline prisoners awaiting trial as authorized
under IC 35-50.
As added by Acts 1981, P.L.298, SEC.2.
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