CHAPTER 5. COUNTY JAILS: WORK; TEMPORARY RELEASE
IC 11-12-5
Chapter 5. County Jails: Work; Temporary Release
IC 11-12-5-1
Inmates; clean and orderly quarters; general maintenance work
Sec. 1. (a) A person confined in a county jail may be required tokeep his own living quarters clean and orderly.
(b) A person confined in a county jail upon conviction of a crimemay be required to perform general maintenance work and assist inproviding other services essential to the administration of the facilityor program. As used in this subsection, "general maintenance work"does not include construction, remodeling, or repair of the facility.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.72-1992,SEC.2; P.L.1-1993, SEC.67.
IC 11-12-5-2
Temporary release from custody; purpose; eligibility
Sec. 2. (a) The county sheriff may establish a program wherebypersons who have been committed to the county jail upon convictionof a crime or adjudication of contempt may be temporarily releasedfrom custody to work, attend an academic or vocational traininginstitution or program, or obtain medical, psychiatric, orpsychological treatment, including treatment for drug addiction oralcoholism.
(b) A person is eligible for temporary release under this sectionunless:
(1) the sentencing or committing court disapproves the person'srelease; or
(2) the person has been convicted of a sex offense underIC 35-42-4 or IC 35-46-1-3.
(c) "Work" under this section includes assignment to a work partyformed to perform any work the sheriff determines to be of benefitto the community.
(d) Persons on work parties formed under this section may berequired to wear distinctive jail uniforms.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.144-1995,SEC.2; P.L.264-1999, SEC.2.
IC 11-12-5-3
Earnings of person employed under this chapter; distribution; useof remaining amount; waiver of collection of room and board
Sec. 3. (a) Any earnings of a person employed under this chapter,less payroll deductions required by law and court ordered deductionsfor satisfaction of a judgment against that person, shall be collectedby the county sheriff, probation department, county office of thedivision of family resources, or other agency designated by thesentencing or committing court. Unless otherwise ordered by thecourt, the remaining earnings shall be distributed in the followingorder:
(1) To pay state and federal income taxes and Social Security
deductions not otherwise withheld.
(2) To pay the cost of membership in an employee organization.
(3) Not less than fifteen percent (15%) of the person's grossearnings, if that amount of the gross is available after the abovedeductions, to be given to that person or retained for the person,with accrued interest, until the person's release or discharge.
(4) To pay for the person's room and board provided by thecounty.
(5) To pay transportation costs to and from work, and otherwork related incidental expenses.
(6) To pay court ordered costs, fines, or restitution.
(b) After the amounts prescribed in subsection (a) are deducted,the remaining amount may be used to:
(1) when directed by the person or ordered by the court, pay forthe support of the person's dependents (if the person'sdependents are receiving welfare assistance, the appropriatecounty office of the division of family resources or welfaredepartment in another state shall be notified of suchdisbursements); and
(2) with the consent of the person, pay to the person's victims orothers any unpaid obligations of that person.
(c) Any remaining amount shall be given to the person or retainedfor the person according to subsection (a)(3).
(d) The collection of room and board under subsection (a)(4) maybe waived.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.2-1992,SEC.115; P.L.4-1993, SEC.16; P.L.5-1993, SEC.29; P.L.146-2008,SEC.373; P.L.44-2009, SEC.8.
IC 11-12-5-4
Application of IC 11-12-5-2 and IC 11-12-5-3
Sec. 4. Sections 2 and 3 of this chapter do not apply to a personserving a term of imprisonment under IC 35-38-2-2.3(c).
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.5-1988,SEC.62; P.L.1-1991, SEC.99.
IC 11-12-5-5
Health care copayments
Sec. 5. (a) This section does not apply to a person confined to acounty jail who:
(1) maintains a policy of insurance from a private companycovering:
(A) medical care;
(B) dental care;
(C) eye care; or
(D) any other health care related service; or
(2) is willing to pay for the person's own medical care.
(b) Except as provided in subsection (c), a person confined to acounty jail may be required to make a copayment in an amount of notmore than fifteen dollars ($15) for each provision of any of the
following services:
(1) Medical care.
(2) Dental care.
(3) Eye care.
(4) Any other health care related service.
(c) A person confined to a county jail is not required to make thecopayment under subsection (b) if:
(1) the person does not have funds in the person's commissaryaccount or trust account at the time the service is provided;
(2) the person does not have funds in the person's commissaryaccount or trust account within sixty (60) days after the serviceis provided;
(3) the service is provided in an emergency;
(4) the service is provided as a result of an injury received inthe county jail; or
(5) the service is provided at the request of the sheriff or jailadministrator.
(d) Money collected must be deposited into the county medicalcare for inmates fund.
(e) Rules for the implementation of this section must be approvedby the county legislative body.
As added by P.L.72-1994, SEC.1. Amended by P.L.143-1995, SEC.2;P.L.102-2002, SEC.1.
IC 11-12-5-5.5
County reimbursement for health care services provided to personsubject to lawful detention
Sec. 5.5. (a) As used in this section, "charge description master"means a listing of the amount charged by a hospital for each service,item, and procedure:
(1) provided by the hospital; and
(2) for which a separate charge exists.
(b) As used in this section, "health care services" includes healthcare items and procedures.
(c) As used in this section, "lawful detention" means thefollowing:
(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, includingtransportation, medical diagnosis or treatment, courtappearances, work, or recreation.
The term does not include supervision of a person on probation orparole or constraint incidental to release with or without bail.
(d) This section:
(1) does not apply in the case of a person who is subject tolawful detention by a county sheriff and is:
(A) covered under private health coverage for health careservices; or (B) willing to pay for the person's own health care services;and
(2) does not affect copayments required under section 5 of thischapter.
(e) Except as provided in subsection (f), a county that isresponsible for payment for health care services provided to a personwho is subject to lawful detention by the county's sheriff shallreimburse:
(1) a physician licensed under IC 25-22.5;
(2) a hospital licensed under IC 16-21-2; or
(3) another health care provider;
for the cost of a health care service at the federal Medicarereimbursement rate for the health care service provided plus fourpercent (4%).
(f) If there is no federal Medicare reimbursement rate for a healthcare service described in subsection (e), the county shall do thefollowing:
(1) If the health care service is provided by a hospital, thecounty shall reimburse the hospital an amount equal tosixty-five percent (65%) of the amount charged by the hospitalaccording to the hospital's charge description master.
(2) If the health care service is provided by a physician oranother health care provider, the county shall reimburse thephysician or health care provider an amount equal to sixty-fivepercent (65%) of the amount charged by the physician or healthcare provider.
(g) This section expires June 30, 2011.
As added by P.L.80-2009, SEC.1.
IC 11-12-5-6
Medical care expenses
Sec. 6. (a) As used in this section, "medical care expenses" refersto expenses relating to the following services provided to a countyjail inmate:
(1) Medical care.
(2) Dental care.
(3) Eye care.
(4) Any other health care related service.
(b) The medical care expenses of a person committed to a countyjail by another county are the responsibility of the committingcounty.
(c) The medical care expenses of a person committed to a countyjail by the department of correction are the responsibility of thedepartment of correction.
As added by P.L.141-1999, SEC.1.
IC 11-12-5-7
Reimbursement of inmate medical care expenses
Sec. 7. (a) As used in this section, "medical care expenses" refersto expenses relating to the following services provided to a county
jail inmate:
(1) Medical care.
(2) Dental care.
(3) Eye care.
(4) Any other health care related service.
(b) Notwithstanding section 6 of this chapter and subject tosubsection (c), as a term of a sentence, a court may order a countyjail inmate to reimburse a county for all or a portion of medical careexpenses incurred by the county in providing medical care to theinmate.
(c) A county jail inmate may not be required to reimburse acounty for medical care expenses under this section if:
(1) all the charges for which the inmate was detained in thecounty jail are dismissed; or
(2) the inmate is acquitted of all charges for which the inmatewas detained in the county jail.
(d) In determining the amount of reimbursement that an inmatemay be required to pay under subsection (b), the court shall considerthe inmate's ability to pay.
(e) If a court orders a county jail inmate to reimburse a county formedical care expenses under subsection (b), the amount of themedical care expenses shall be reduced by the amount of anycopayment the inmate was required to make for the medical careexpenses under IC 11-10-3-5 or section 5 of this chapter.
As added by P.L.213-2005, SEC.2.