2014 Indiana Code
TITLE 36. LOCAL GOVERNMENT
ARTICLE 2. GOVERNMENT OF COUNTIES GENERALLY
CHAPTER 13. COUNTY SHERIFF


Download as PDF IC 36-2-13 Chapter 13. County Sheriff IC 36-2-13-0.1 Application of certain amendments to chapter Sec. 0.1. The addition of section 14 of this chapter by P.L.219-1991 applies to the following: (1) An insurance policy that is issued or renewed after June 30, 1991. (2) A contract entered into or renewed after June 30, 1991, under which a prepaid health care delivery plan is to provide services to enrollees. As added by P.L.220-2011, SEC.643. IC 36-2-13-1 Application of chapter Sec. 1. Except for sections 15.3 and 16.3 of this chapter, this chapter applies to all counties. As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.1-2002, SEC.156. IC 36-2-13-2 Residence; term of office Sec. 2. (a) The county sheriff must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The sheriff forfeits office if the sheriff ceases to be a resident of the county. (b) The term of office of the county sheriff under Article 6, Section 2 of the Constitution of the State of Indiana is four (4) years and continues until a successor is elected and qualified. As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987, SEC.548. IC 36-2-13-2.5 Salary contracts for sheriffs; required provisions; legalization of certain contracts entered into before January 1, 1993 Sec. 2.5. (a) The sheriff, the executive, and the fiscal body may enter into a salary contract for the sheriff. (b) A sheriff's salary contract must contain the following provisions: (1) A fixed amount of compensation for the sheriff in place of fee compensation. (2) Payment of the full amount of the sheriff's compensation from the county general fund in the manner that salaries of other county officials are paid. (3) Deposit by the sheriff of the sheriff's tax warrant collection fees (as described in IC 6-8.1-8-3) in the county general fund for use for any general fund purpose. (4) A procedure for financing prisoners' meals that uses one (1) of the following methods: (A) The county fiscal body shall make an appropriation in the usual manner from the county general fund to the sheriff for feeding prisoners. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the appropriation. The sheriff shall deposit all meal allowances received under IC 36-8-10-7 in the county general fund for use for any general fund purpose. (B) The sheriff shall pay for feeding prisoners from meal allowances received under IC 36-8-10-7. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the meal allowances. After the expenses of feeding prisoners are paid, the sheriff shall deposit any unspent meal allowance money in the county general fund for use for any general fund purpose. (5) A requirement that the sheriff shall file an accounting of expenditures for feeding prisoners with the county auditor on the first Monday of January and the first Monday of July of each year. (6) An expiration date that is not later than the date that the term of the sheriff expires. (7) Other provisions concerning the sheriff's compensation to which the sheriff, the county executive, and the fiscal body agree. A contract entered before January 1, 1993, by a county sheriff and a county executive or county fiscal body that substantially complies with this subsection is legalized. (c) A salary contract is entered under this section when a written document containing the provisions of the contract is: (1) approved by resolution of both the executive and the fiscal body; and (2) signed by the sheriff. (d) A salary contract entered into under this section before November 1, 2010, with a sheriff who is reelected to office in 2010 is subject to section 17 of this chapter. As added by P.L.83-1993, SEC.2. Amended by P.L.40-2008, SEC.2; P.L.220-2011, SEC.644. IC 36-2-13-2.8 Payment of compensation from county general fund Sec. 2.8. (a) In place of any other form of compensation, including a salary contract entered into under section 2.5 of this chapter, a county may pay a sheriff's compensation as provided in this section from the county general fund in the manner that salaries of other county officials are paid. Subject to section 17 of this chapter, the sheriff may retain the sheriff's tax warrant collection fees (as described in IC 6-8.1-8-3). (b) If a county pays a sheriff's compensation under this section, the county fiscal body shall make an appropriation in the usual manner from the county general fund for feeding prisoners. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the appropriation. (c) Subject to section 17 of this chapter, a county that pays a sheriff's compensation under this section shall pay the sheriff as follows: (1) In a county having a population of not more than twenty thousand (20,000), the county must pay the sheriff an annual salary that is equal to at least fifty percent (50%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county. (2) In a county having a population of: (A) more than twenty thousand (20,000); and (B) not more than forty thousand (40,000); the county must pay the sheriff an annual salary that is equal to at least sixty percent (60%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county. (3) In a county having a population of: (A) more than forty thousand (40,000); and (B) not more than sixty-five thousand five hundred (65,500); the county must pay the sheriff an annual salary that is equal to at least seventy percent (70%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county. (4) In a county having a population of: (A) more than sixty-five thousand five hundred (65,500); and (B) not more than one hundred thousand (100,000); the county must pay the sheriff an annual salary that is equal to at least eighty percent (80%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county. (5) In a county having a population of: (A) more than one hundred thousand (100,000); and (B) not more than two hundred thousand (200,000); the county must pay the sheriff an annual salary that is equal to at least ninety percent (90%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county. (6) In a county having a population of more than two hundred thousand (200,000), the county must pay the sheriff an annual salary that is equal to at least one hundred percent (100%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county. As added by P.L.230-1996, SEC.1. Amended by P.L.40-2008, SEC.3. IC 36-2-13-3 Meetings of county executive; attendance Sec. 3. The sheriff shall attend meetings of the county executive when required under IC 36-2-2-15(d). As added by Acts 1980, P.L.212, SEC.1. IC 36-2-13-4 Meetings of county fiscal body; attendance Sec. 4. The sheriff shall attend meetings of the county fiscal body when required under IC 36-2-3-6(c). As added by Acts 1980, P.L.212, SEC.1. IC 36-2-13-5 Duties Sec. 5. (a) The sheriff shall: (1) arrest without process persons who commit an offense within the sheriff's view, take them before a court of the county having jurisdiction, and detain them in custody until the cause of the arrest has been investigated; (2) suppress breaches of the peace, calling the power of the county to the sheriff's aid if necessary; (3) pursue and jail felons; (4) execute all process directed to the sheriff by legal authority; (5) serve all process directed to the sheriff from a court or the county executive; (6) attend and preserve order in all courts of the county; (7) take care of the county jail and the prisoners there; (8) take photographs, fingerprints, and other identification data as the sheriff shall prescribe of persons taken into custody for felonies or misdemeanors; and (9) on or before January 31 and June 30 of each year, provide to the department of correction the average daily cost of incarcerating a prisoner in the county jail as determined under the methodology developed by the department of correction under IC 11-10-13. (b) A person who: (1) refuses to be photographed; (2) refuses to be fingerprinted; (3) withholds information; or (4) gives false information; as prescribed in subsection (a)(8), commits a Class C misdemeanor. (c) The sheriff may supervise and inspect all pawnbrokers, vendors, junkshop keepers, cartmen, expressmen, dealers in secondhand merchandise, intelligence offices, and auctions. The sheriff may authorize any deputy in writing to exercise the same powers. As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.344-1983, SEC.1; P.L.85-2004, SEC.12; P.L.63-2008, SEC.5. IC 36-2-13-5.5 Indiana sex and violent offender registry web site; requirements; funding Sec. 5.5. (a) The sheriffs shall jointly establish and maintain an Indiana sex and violent offender registry web site, known as the Indiana sex and violent offender registry, to inform the general public about the identity, location, and appearance of every sex or violent offender who is required to register under IC 11-8-8-7. The web site must provide information regarding each sex or violent offender, organized by county of residence. The web site shall be updated at least daily. (b) The public portal of the Indiana sex and violent offender registry Internet web site must include the following information for every sex or violent offender who is required to register under IC 11-8-8-7: (1) The sex or violent offender's full name, alias, any name by which the sex or violent offender was previously known, sex, race, height, weight, hair color, eye color, any scars, marks, or tattoos, principal residence address, and any other address where the sex or violent offender spends more than seven (7) nights in a fourteen (14) day period. (2) A description of the offense for which the sex or violent offender was convicted, the date of conviction, the county of the conviction, the state of the conviction, the cause number of the conviction, and the sentence imposed. (3) If the person is required to register under IC 11-8-8-7(a)(2) or IC 11-8-8-7(a)(3), the address of each of the sex or violent offender's employers in Indiana, the address of each campus or location where the sex or violent offender is enrolled in school in Indiana, and the address where the sex or violent offender stays or intends to stay while in Indiana. (4) A recent photograph of the sex or violent offender. (5) If the sex or violent offender is a sexually violent predator, that the sex or violent offender is a sexually violent predator. (c) The local law enforcement authority (as defined in IC 11-8-8-2) shall: (1) photograph the sex or violent offender in accordance with IC 11-8-8-14; and (2) determine whether the sex or violent offender's fingerprints are on file: (A) in Indiana; or (B) with the Federal Bureau of Investigation. If it appears that the sex or violent offender's fingerprints are not on file as described in subdivision (2), the local law enforcement authority shall fingerprint the sex or violent offender and transmit a copy of the fingerprints to the state police department. The local law enforcement authority shall place the photograph described in subdivision (1) on the public portal of the Indiana sex and violent offender registry Internet web site. (d) The photograph of a sex or violent offender described in subsection (c) must meet the following requirements: (1) The photograph must be full face, front view, with a plain white or off-white background. (2) The image of the offender's face, measured from the bottom of the chin to the top of the head, must fill at least seventy-five percent (75%) of the photograph. (3) The photograph must be in color. (4) The photograph must show the offender dressed in normal street attire, without a hat or headgear that obscures the hair or hairline. (5) If the offender normally and consistently wears prescription glasses, a hearing device, wig, or a similar article, the photograph must show the offender wearing those items. A photograph may not include dark glasses or nonprescription glasses with tinted lenses unless the offender can provide a medical certificate demonstrating that tinted lenses are required for medical reasons. (6) The photograph must have sufficient resolution to permit the offender to be easily identified by a person accessing the Indiana sex and violent offender registry web site. (e) The Indiana sex and violent offender registry web site may be funded from: (1) the jail commissary fund (IC 36-8-10-21); (2) a grant from the criminal justice institute; and (3) any other source, subject to the approval of the county fiscal body. As added by P.L.116-2002, SEC.27. Amended by P.L.154-2003, SEC.2; P.L.140-2006, SEC.40 and P.L.173-2006, SEC.40; P.L.216-2007, SEC.52; P.L.214-2013, SEC.47. IC 36-2-13-5.6 Sex or violent offender registration fee; sex or violent offender address change fee; collection and distribution Sec. 5.6. (a) The legislative body of a county may adopt an ordinance: (1) requiring the local law enforcement authority (as defined in IC 11-8-8-2) to collect: (A) an annual sex or violent offender registration fee; and (B) a sex or violent offender address change fee; and (2) establishing a county sex and violent offender administration fund to fund the administration of the sex and violent offender registration system. (b) If an ordinance is adopted under subsection (a), the legislative body of the county shall establish the amount of the annual sex or violent offender registration fee. However, the annual sex or violent offender registration fee may not exceed fifty dollars ($50). (c) If an ordinance is adopted under subsection (a), the legislative body of the county shall establish the amount of the sex or violent offender address change fee. However, a sex or violent offender address change fee may not exceed five dollars ($5) per address change. (d) The legislative body of the county shall determine the manner in which the local law enforcement authority shall collect the annual sex or violent offender registration fee and the sex or violent offender address change fee. However, the annual sex or violent offender registration fee may be collected only one (1) time per year. The sex or violent offender address change fee may be collected each time a sex or violent offender registers an address change with the local law enforcement authority. (e) The local law enforcement authority shall transfer fees collected under this section to the county auditor of the county in which the local law enforcement authority exercises jurisdiction. (f) The county auditor shall: (1) monthly deposit ninety percent (90%) of any fees collected under this section in the county sex and violent offender administration fund established under subsection (a); and (2) semiannually transfer ten percent (10%) of any fees collected under this section to the treasurer of state for deposit in the state sex and violent offender administration fund under IC 11-8-8-21. (g) A county fiscal body may appropriate money from the county sex and violent offender administration fund to an agency or organization involved in the administration of the sex and violent offender registry to defray the expense of administering or ensuring compliance with the laws concerning the Indiana sex and violent offender registry. As added by P.L.216-2007, SEC.53. Amended by P.L.26-2013, SEC.1. IC 36-2-13-6 Purchase of judgment or allowance prohibited Sec. 6. The sheriff may not purchase a judgment or allowance in a court of which he is an officer. As added by Acts 1980, P.L.212, SEC.1. IC 36-2-13-7 Repealed (Repealed by P.L.144-1983, SEC.2.) IC 36-2-13-8 Repealed (Repealed by P.L.217-1986, SEC.1.) IC 36-2-13-9 Training school; attendance; expenses Sec. 9. (a) After his election and before he assumes the duties of his office, the sheriff-elect may attend the sessions of a training school that: (1) offers courses of instruction for sheriffs; (2) is established by Indiana University, Purdue University, Indiana University and Purdue University, the state police department, or the Indiana sheriffs' association; and (3) teaches methods of crime detection and offers courses from the state board of accounts on office routine and accounting. (b) On presentation of proper charges or receipts and with the approval of the county executive, the county auditor may issue his warrant for the following expenses of the sheriff-elect in attending a school under this section: (1) Any tuition charged by the school. (2) A sum for mileage, lodging, and meals, equal to the sum allowed county officers under IC 5-11-14-1. As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.23; P.L.144-1983, SEC.3. IC 36-2-13-10 Motor vehicles; equipment; maintenance Sec. 10. (a) The county shall furnish one (1) automobile and, with the approval of the county executive and the county fiscal body, may furnish additional automobiles, for use by the sheriff in the performance of his official duties. The county shall maintain each automobile in service. (b) The county executive may purchase for and furnish to the sheriff a motor vehicle that seats a driver, two (2) guards, and at least six (6) other persons, and may be equipped for use as an ambulance or used to transport persons in the custody of the sheriff. The county shall maintain the vehicle. (c) If the county furnishes and maintains a conveyance for the use of the sheriff, it may not grant him a mileage allowance but may reimburse him for other expenses relating to the conveyance. As added by Acts 1980, P.L.212, SEC.1. IC 36-2-13-11 Repealed (Repealed by Acts 1981, P.L.309, SEC.115(b).) IC 36-2-13-12 Reports; persons confined in county jail; condition of county jail; recommendations Sec. 12. (a) The sheriff shall file with the appropriate court and, in the case of a person awaiting trial on a criminal charge, with the county prosecuting attorney, a weekly report of each person confined in the county jail. The report must include the confined person's name, the date of commitment, the court or officer ordering the commitment, the criminal charge, conviction, or civil action underlying the commitment, the term of commitment, and whether the person is awaiting trial or serving a term of imprisonment. (b) The sheriff shall file with the county executive an annual report of the condition of the county jail and any recommended improvements in its maintenance and operation. The report shall also be filed with the county auditor and maintained as a public record. As added by Acts 1980, P.L.212, SEC.1. IC 36-2-13-13 Protection of prisoner in sheriff's custody; assistance; unlawful killing of prisoner; forfeiture of office; reinstatement Sec. 13. (a) Whenever the sheriff has reason to believe that a prisoner in his custody is in danger of being unlawfully killed, he shall order all persons with whom he can directly communicate to assist him in protecting the prisoner. If the sheriff remains unable to protect the prisoner, he shall notify the governor and ask for the aid of the state in protecting the prisoner. (b) A sheriff who unlawfully kills a prisoner in his custody, or unlawfully permits such a prisoner to be killed, forfeits his office. The governor shall issue a proclamation declaring the office of the sheriff vacated. (c) The person who forfeited the office may petition the governor to be reinstated as sheriff. The petition must: (1) show that the person did everything in his power to protect the life of the prisoner and carried out the duties of his office pertaining to the protection of prisoners; and (2) be filed with the governor not more than fourteen (14) days after the date on which the governor declares the office of the sheriff vacated. If, after a hearing, the governor finds that the person did carry out the duties of his office, he may reinstate him in office and issue to him a certificate of reinstatement. A person who files a petition under this subsection shall give notice to both the prosecuting attorney of the county and the attorney general. As added by Acts 1980, P.L.212, SEC.1. IC 36-2-13-14 Health care services supplied persons under lawful detention; payment under insurance of detainee; failure or refusal of detainee to file claim Sec. 14. (a) As used in this section, "accident and sickness insurance policy" means an insurance policy that provides one (1) or more of the types of insurance described as Class 1(b) or 2(a) insurance under IC 27-1-5-1 on an individual basis or a group basis. (b) As used in this section, "enrollee" has the meaning set forth in IC 27-13-1-12. (c) As used in this section, "lawful detention" has the meaning set forth in IC 35-31.5-2-186. (d) As used in this section, "health maintenance organization" has the meaning set forth in IC 27-13-1-19. (e) An individual who is: (1) insured under an accident and sickness insurance policy; or (2) an enrollee under a health maintenance organization; shall submit a claim under the policy or plan for expenses resulting from health care services that are rendered to the individual while the individual is subject to lawful detention by a county sheriff. (f) A county sheriff is not obligated to pay for health care services rendered to an individual while in the lawful detention of the sheriff to the extent that payment for the services is available under: (1) an accident and sickness insurance policy under which the individual is insured; or (2) a health maintenance organization under which the individual is an enrollee. (g) If an individual to whom health care services are rendered while subject to lawful detention by a county sheriff fails or refuses to file a claim for payment of expenses resulting from the health care services, a claim for payment of the expenses may be filed by: (1) the sheriff; or (2) the health care provider that rendered the services; on behalf of the individual with the accident and sickness insurance policy under which the individual is insured or the health maintenance organization under which the individual is an enrollee. As added by P.L.219-1991, SEC.1. Amended by P.L.26-1994, SEC.27; P.L.114-2012, SEC.146. IC 36-2-13-15 Prisoners reimbursing counties for costs of incarceration Sec. 15. (a) As used in this section, "lawful detention" has the meaning set forth in IC 35-31.5-2-186. (b) This section applies to a county only if the legislative body for the county elects by ordinance to implement this section. (c) A person who is: (1) sentenced under this article for a felony or a misdemeanor; (2) subject to lawful detention in a county jail for a period of more than seventy-two (72) hours; (3) not a member of a family that makes less than one hundred fifty percent (150%) of the federal income poverty level; and (4) not detained as a child subject to the jurisdiction of a juvenile court; shall reimburse the county for the costs described in subsection (d). (d) A person described in subsection (c) shall reimburse the county for the sum of the following amounts: (1) The lesser of: (A) the per diem amount specified under subsection (e); or (B) thirty dollars ($30); multiplied by each day or part of a day that the person is lawfully detained in a county jail or lawfully detained under IC 35-33-11-3 for more than six (6) hours. (2) The direct cost of investigating whether the person is indigent. (3) The cost of collecting the amount for which the person is liable under this section. (e) The county fiscal body shall fix the per diem described in subsection (d)(1)(A) in an amount that is reasonably related to the average daily cost of housing a person in the county jail. If the county transfers the person to another county or the department of correction under IC 35-33-11-3, the per diem is equal to the per diem charged to the county under IC 35-33-11-5. (f) The county sheriff shall collect the amounts due from a person under this section in conformity with the procedures specified in the ordinance adopted under subsection (b). If the county sheriff does not collect the amount due to the county, the county attorney may collect the amount due. As added by P.L.123-1998, SEC.2. Amended by P.L.114-2012, SEC.147. IC 36-2-13-15.3 Prisoners reimbursing counties for costs of incarceration; Ohio County Revisor's Note: See IC 1-1-3.5-8 concerning the effective date of this section as amended by P.L.119-2012, SEC.1. Sec. 15.3. (a) As used in this section, "lawful detention" has the meaning set forth in IC 35-31.5-2-186. (b) This section applies only: (1) to a county having a population of less than seven thousand (7,000); and (2) if the legislative body for the county elects by ordinance to implement this section. (c) A person who is: (1) sentenced under this article for a felony or a misdemeanor; (2) subject to lawful detention in a county jail for a period of more than six (6) hours; (3) not a member of a family that makes less than one hundred fifty percent (150%) of the federal income poverty level; and (4) not detained as a child subject to the jurisdiction of a juvenile court; shall reimburse the county for the costs described in subsection (d). (d) A person described in subsection (c) shall reimburse the county for the sum of the following amounts: (1) The lesser of: (A) the per diem amount specified under subsection (e); or (B) fifty dollars ($50); multiplied by each day or part of a day that the person is lawfully detained in a county jail or lawfully detained under IC 35-33-11-3 for more than six (6) hours. (2) The direct cost of investigating whether the person is indigent. (3) The cost of collecting the amount for which the person is liable under this section. (e) The county fiscal body shall fix the per diem described in subsection (d)(1)(A) in an amount that is reasonably related to the average daily cost of housing a person in the county jail. If the county transfers the person to another county or the department of correction under IC 35-33-11-3, the per diem is equal to the per diem charged to the county under IC 35-33-11-5. (f) The county sheriff shall collect the amounts due from a person under this section in conformity with the procedures specified in the ordinance adopted under subsection (b). If the county sheriff does not collect the amount due to the county, the county attorney may collect the amount due. As added by P.L.170-2001, SEC.1. Amended by P.L.114-2012, SEC.148. IC 36-2-13-16 Nonreverting county prisoner reimbursement funds Sec. 16. (a) If the county legislative body adopts an ordinance electing to implement section 15 of this chapter, the county legislative body shall establish a nonreverting county prisoner reimbursement fund. (b) All amounts collected under section 15 of this chapter must be deposited in the county prisoner reimbursement fund. (c) Any amount earned from the investment of amounts in the fund becomes part of the fund. (d) Notwithstanding any other law, upon appropriation by the county fiscal body, amounts in the fund may be used by the county only for the operation, construction, repair, remodeling, enlarging, and equipment of: (1) a county jail; or (2) a juvenile detention center to be operated under IC 31-31-8 or IC 31-31-9. As added by P.L.123-1998, SEC.3. IC 36-2-13-16.3 Nonreverting county prisoner reimbursement funds; Ohio County Sec. 16.3. (a) If the county legislative body adopts an ordinance electing to implement section 15.3 of this chapter, the county legislative body shall establish a nonreverting county prisoner reimbursement fund. (b) All amounts collected under section 15.3 of this chapter must be deposited in the county prisoner reimbursement fund. (c) Any amount earned from the investment of amounts in the fund becomes part of the fund. (d) Notwithstanding any other law, upon appropriation by the county fiscal body, amounts in the fund may be used by the county only for: (1) operating, constructing, repairing, remodeling, enlarging, and equipping: (A) a county jail; or (B) a juvenile detention center to be operated under IC 31-31-8 or IC 31-31-9; or (2) the costs of care, maintenance, and housing of prisoners, including the cost of housing prisoners in the facilities of another county. As added by P.L.170-2001, SEC.2. IC 36-2-13-17 Maximum amount of compensation for sheriff Sec. 17. (a) This section applies to the following: (1) A contract entered into under section 2.5 of this chapter with a sheriff who is elected or reelected to office after November 1, 2010. (2) Any other form of annual compensation provided to a sheriff who is elected or reelected to office after November 1, 2010. (b) The total amount of a sheriff's annual compensation from: (1) the county general fund; (2) any tax warrant collection fees retained by the sheriff under IC 6-8.1-8-3; and (3) any other public source; may not exceed the amount determined under subsection (c). For purposes of this subsection, "any other public source" does not include retirement or disability benefits from a federal, a state, or another state's local governmental retirement or disability program, whether the retirement or disability benefit is based on prior employment by the sheriff or another individual, nor does it include worker's compensation benefits paid to the sheriff. (c) To determine the maximum amount of a sheriff's annual compensation, a county fiscal body shall determine the sum of the following: (1) The annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county. (2) The amount of any additional annual salary paid by the county from county sources to a full-time prosecuting attorney in the county. As added by P.L.40-2008, SEC.4. IC 36-2-13-17.4 Incarceration fees prohibited unless the payor has been convicted of a crime for which the payor was incarcerated or held in jail Sec. 17.4. A sheriff or an employee of a jail may not charge an individual a fee for the individual to be incarcerated or held in a jail unless the individual has been convicted of a crime for which the individual was incarcerated or held in the jail. As added by P.L.83-2008, SEC.13. IC 36-2-13-18 Health care services provided to person subject to lawful detention Sec. 18. (a) As used in this section, "health care services" includes health care items and procedures. (b) As used in this section, "lawful detention" means the following: (1) Arrest. (2) Custody following surrender in lieu of arrest. (3) Detention in a penal facility. (4) Detention for extradition or deportation. (5) Custody for purposes incident to any of the above, including transportation, medical diagnosis or treatment, court appearances, work, or recreation. The term does not include supervision of a person on probation or parole or constraint incidental to release with or without bail. (c) This section does not apply to a person who is subject to lawful detention and is: (1) covered under private health coverage for health care services; or (2) willing to pay for the person's own health care services. (d) A sheriff of a county may not release a person subject to lawful detention solely for the purpose of preventing the county from being financially responsible under IC 11-12-5 for health care services provided to the person. (e) If a county violates subsection (d), the county remains financially responsible under IC 11-12-5 for health care services provided to the person released from lawful detention. (f) A county is financially responsible under IC 11-12-5 for health care services provided to a person at a hospital if the person was subject to lawful detention by the sheriff at the time the person entered onto the hospital's premises. (g) If a person is subjected to lawful detention after entering onto the premises of a hospital, the county in which the hospital is located is financially responsible under IC 11-12-5 for the health care services provided to the person while the person is subject to lawful detention. (h) For purposes of this section, if a sheriff brings a person subject to lawful detention onto the premises of a hospital or subjects a person to lawful detention after the person enters onto the premises of a hospital, the sheriff shall remain on the premises of the hospital and within reasonable proximity to the person while the person receives health care services at the hospital unless: (1) the person's medical condition renders the person incapable of leaving the hospital; and (2) the person does not pose a threat to hospital personnel or property or to others at the hospital. (i) This section does not prevent or limit the application of IC 11-12-5-5 concerning the making of copayments by a person confined to a county jail. (j) A county that is responsible for paying the medical care expenses of a county jail inmate under IC 11-12-5-6 is responsible for paying the medical care expenses of the inmate under this section. (k) This section does not supersede a written agreement: (1) between: (A) a physician, a hospital, or another health care provider; and (B) a sheriff; concerning reimbursement for health care services provided to a person subject to lawful detention; and (2) entered into or renewed before July 1, 2009. As added by P.L.80-2009, SEC.2. Amended by P.L.205-2011, SEC.2.

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