IC 35-33-11
    Chapter 11. Emergency Transfer of Certain Jail Inmates

IC 35-33-11-1
Inmate in county jail in imminent danger of serious bodily injuryor death or represents substantial threat to safety of others
    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 ofserious bodily injury or death or represents a substantial threat to thesafety of others, the court shall determine whether the inmate is inimminent danger of serious bodily injury or death, or represents asubstantial threat to the safety of others. If the court finds that theinmate is in danger of serious bodily injury or death or represents asubstantial threat to the safety of others, it shall order the sheriff totransfer the inmate to another county jail or to a facility of thedepartment of correction designated by the commissioner of thedepartment as suitable for the confinement of that prisoner andprovided that space is available. For the purpose of this chapter, aninmate is not considered in danger of serious bodily injury or deathdue to an illness or other medical condition.
As added by Acts 1981, P.L.298, SEC.2.

IC 35-33-11-2
Posttransfer hearing
    Sec. 2. The inmate or receiving authority is entitled to aposttransfer hearing upon request. The inmate may refuse a transferif 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
    Sec. 3. Upon petition by the sheriff alleging that:
        (1) the local penal facility is overcrowded or otherwisephysically inadequate to house inmates; and
        (2) another sheriff or the commissioner of the department ofcorrection has agreed to accept custody of inmates from thesheriff;
the court may order inmates transferred to the custody of the personwho has agreed to accept custody. Whenever a transfer order isnecessary under this section, only inmates serving a sentence afterconviction for a crime may be transferred, unless the overcrowdingor inadequacy of the facility also requires transfer of inmatesawaiting trial or sentencing.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-11-4
Return to county jail
    Sec. 4. Whenever the court finds that the circumstances whichnecessitated a transfer under this chapter no longer exist, it shallorder the sheriff to return the inmate to the county jail from which hewas 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
    Sec. 5. When an inmate is transferred under this chapter, thesheriff of the county from which the inmate is transferred shall beresponsible for transporting the inmates to and from the otherfacility. If the sheriff is unable to adequately protect the inmateduring the transfer, the sheriff or the court may request assistancefrom any other law enforcement agency. The county which transfersan inmate shall pay:
        (1) a per diem of the average daily cost of housing a prisoner atthe facility to which the inmate has been assigned; and
        (2) any additional costs reasonably necessary to maintain thehealth 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
    Sec. 6. When an inmate is transferred under this chapter, thesheriff of the county from which the inmate is received shall deliverwith the prisoner a certified copy of the order, a current medicalreport, if available, and other data relating the proper medical careand classification of the inmate that is established as necessary bywritten policy of the department of correction or the receivinginstitution, pertaining to the health, safety, and proper confinementof safekeepers.
As added by Acts 1981, P.L.298, SEC.2.

IC 35-33-11-7
Notice of subsequent transfer
    Sec. 7. The department of correction will notify the sheriff of thecounty and judge of the court from which the inmate was transferredof any subsequent transfer of a prisoner within the department ofcorrection 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
    Sec. 8. Prisoners serving a sentence after a conviction and transferto the department or other receiving institution may be assigned toany program or work consistent with procedures and requirementsfor other prisoners committed to the department or other receivinginstitution.As added by Acts 1981, P.L.298, SEC.2.

IC 35-33-11-9
Assignment of prisoners awaiting trial to program or work
    Sec. 9. Prisoners awaiting trial may be allowed to work or beassigned to programs consistent with the rights regarding prisonersawaiting trial.
As added by Acts 1981, P.L.298, SEC.2.

IC 35-33-11-10
Discipline of prisoners awaiting trial
    Sec. 10. The department of correction or other receiving sheriffmay discipline prisoners awaiting trial as authorized under IC 35-50.
As added by Acts 1981, P.L.298, SEC.2.