CHAPTER 6. SAFE, HEALTHFUL ENVIRONMENT AND INSPECTION

IC 11-11-6
    Chapter 6. Safe, Healthful Environment and Inspection

IC 11-11-6-1
Policies and procedures; adoption
    Sec. 1. (a) The department shall adopt policies and procedures forthe protection of committed persons, including:
        (1) the monitoring of committed persons whose presence in thegeneral population of a facility or program constitutes a threatof physical danger to other persons;
        (2) reasonable searches of committed persons, facilities andpremises to reduce the number of weapons and dangerousitems;
        (3) adequate staff supervision of committed persons, includingliving quarters;
        (4) maintenance of accurate records regarding incidents ofviolence;
        (5) referral of serious criminal conduct to investigating andprosecuting authorities with appropriate information; and
        (6) policies and procedures designed to reduce racial tension.
    (b) For purposes of IC 4-22-2, the terms "policies" and"procedures" as used in this section relate solely to internal policiesand procedures not having the force of law.
As added by Acts 1979, P.L.120, SEC.4.

IC 11-11-6-2
Compliance with federal and state laws; inspections; correction ofconditions; authority of department of health and fire marshal
    Sec. 2. (a) The facilities of the department must comply withfederal and state health, sanitation, safety, and fire laws applicableto dwellings, food establishments, eating facilities, and publicbuildings.
    (b) Each department facility shall be inspected at least annuallyby the state department of health and the state fire marshal, whoshall, within fifteen (15) days of the inspection, file a written reportwith the commissioner listing all unsafe, unsanitary, or unhealthyconditions within a facility that constitute a menace to the health,safety, and welfare of committed persons or department employees.In determining whether conditions are unsafe, unsanitary, orunhealthy, the state department of health and the state fire marshalshall consider the degree of overcrowding, the light, air, and spaceavailable to offenders within a facility, the size and arrangement ofrooms and cells, the sanitary facilities, and the extent to whichconditions in a facility endanger life or property.
    (c) The commissioner shall correct all unsafe, unsanitary, orunhealthy conditions reported by the state department of health or thestate fire marshal with reasonable promptness. Failure by thedepartment to initiate and continue action to correct unsafe,unsanitary, or unhealthy conditions within thirty (30) days ofreceiving a report of those conditions from the state department of

health or the state fire marshal constitutes noncompliance with thissubsection. Upon such noncompliance, the commissioner shallsubmit to the reporting agency and the governor a written statementexplaining:
        (1) why the reported condition or conditions have not beenremedied;
        (2) what the estimated cost of remedying the reported conditionor conditions would be in terms of construction, renovation,manpower, space, and equipment;
        (3) whether the reported condition or conditions can becorrected by using facilities of other governmental entities;
        (4) whether additional state financing is required and, if so, theestimated amount needed; and
        (5) the probable consequences of not remedying each reportedunsafe, unsanitary, or unhealthy condition.
    (d) Notwithstanding other provisions of this section, the statedepartment of health and state fire marshal retain authority to correctunhealthy, unsanitary, or unsafe conditions within a facility asprovided by law.
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.2-1992,SEC.112.