CHAPTER 13. COUNTY SHERIFF
IC 36-2-13
Chapter 13. County Sheriff
IC 36-2-13-1
Application of chapter
Sec. 1. Except for sections 15.3 and 16.3 of this chapter, thischapter 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 asprovided in Article 6, Section 6 of the Constitution of the State ofIndiana. The sheriff forfeits office if the sheriff ceases to be aresident 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) yearsand 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
Sec. 2.5. (a) The sheriff, the executive, and the fiscal body mayenter into a salary contract for the sheriff.
(b) A sheriff's salary contract must contain the followingprovisions:
(1) A fixed amount of compensation for the sheriff in place offee compensation.
(2) Payment of the full amount of the sheriff's compensationfrom the county general fund in the manner that salaries ofother county officials are paid.
(3) Deposit by the sheriff of the sheriff's tax warrant collectionfees (as described in IC 6-8.1-8-3) in the county general fundfor 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 inthe usual manner from the county general fund to the sherifffor feeding prisoners. The sheriff or the sheriff's officers,deputies, or employees may not make a profit from theappropriation. The sheriff shall deposit all meal allowancesreceived under IC 36-8-10-7 in the county general fund foruse for any general fund purpose.
(B) The sheriff shall pay for feeding prisoners from mealallowances received under IC 36-8-10-7. The sheriff or thesheriff's officers, deputies, or employees may not make aprofit from the meal allowances. After the expenses offeeding prisoners are paid, the sheriff shall deposit any
unspent meal allowance money in the county general fundfor use for any general fund purpose.
(5) A requirement that the sheriff shall file an accounting ofexpenditures for feeding prisoners with the county auditor onthe first Monday of January and the first Monday of July ofeach year.
(6) An expiration date that is not later than the date that theterm of the sheriff expires.
(7) Other provisions concerning the sheriff's compensation towhich the sheriff, the county executive, and the fiscal bodyagree.
(c) A salary contract is entered under this section when a writtendocument containing the provisions of the contract is:
(1) approved by resolution of both the executive and the fiscalbody; and
(2) signed by the sheriff.
(d) A salary contract entered into under this section beforeNovember 1, 2010, with a sheriff who is reelected to office in 2010is subject to section 17 of this chapter.
As added by P.L.83-1993, SEC.2. Amended by P.L.40-2008, SEC.2.
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, includinga salary contract entered into under section 2.5 of this chapter, acounty may pay a sheriff's compensation as provided in this sectionfrom the county general fund in the manner that salaries of othercounty officials are paid. Subject to section 17 of this chapter, thesheriff may retain the sheriff's tax warrant collection fees (asdescribed 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 usualmanner from the county general fund for feeding prisoners. Thesheriff or the sheriff's officers, deputies, or employees may not makea profit from the appropriation.
(c) Subject to section 17 of this chapter, a county that pays asheriff's compensation under this section shall pay the sheriff asfollows:
(1) In a county having a population of not more than twentythousand (20,000), the county must pay the sheriff an annualsalary that is equal to at least fifty percent (50%) of the annualminimum salary that would be paid by the state to a full-timeprosecuting 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 toat least sixty percent (60%) of the annual minimum salary thatwould be paid by the state to a full-time prosecuting attorney inthe 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 toat least seventy percent (70%) of the annual minimum salarythat would be paid by the state to a full-time prosecutingattorney 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 toat least eighty percent (80%) of the annual minimum salary thatwould be paid by the state to a full-time prosecuting attorney inthe 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 toat least ninety percent (90%) of the annual minimum salary thatwould be paid by the state to a full-time prosecuting attorney inthe county.
(6) In a county having a population of more than two hundredthousand (200,000), the county must pay the sheriff an annualsalary that is equal to at least one hundred percent (100%) ofthe annual minimum salary that would be paid by the state to afull-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 executivewhen 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 bodywhen 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 offensewithin the sheriff's view, take them before a court of the countyhaving jurisdiction, and detain them in custody until the causeof the arrest has been investigated;
(2) suppress breaches of the peace, calling the power of thecounty 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 thecounty 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 dataas the sheriff shall prescribe of persons taken into custody forfelonies or misdemeanors; and
(9) on or before January 31 and June 30 of each year, provideto the department of correction the average daily cost ofincarcerating a prisoner in the county jail as determined underthe methodology developed by the department of correctionunder 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 insecondhand merchandise, intelligence offices, and auctions. Thesheriff may authorize any deputy in writing to exercise the samepowers.
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 anIndiana sex and violent offender registry web site, known as theIndiana sex and violent offender registry, to inform the generalpublic about the identity, location, and appearance of every sex orviolent offender residing within Indiana. The web site must provideinformation regarding each sex or violent offender, organized bycounty of residence. The web site shall be updated at least daily.
(b) The Indiana sex and violent offender registry web site mustinclude the following information:
(1) A recent photograph of every sex or violent offender whohas registered with a sheriff after the effective date of thischapter.
(2) The home address of every sex or violent offender.
(3) The information required under IC 11-8-8-8.
(c) Every time a sex or violent offender registers, but at least onceper year, the sheriff shall:
(1) photograph the sex or violent offender; and
(2) determine whether the sex or violent offender's fingerprintsare 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 onfile as described in subdivision (2), the sheriff shall fingerprint thesex or violent offender and transmit a copy of the fingerprints to thestate police department. The sheriff shall place the photographdescribed in subdivision (1) on the Indiana sex and violent offenderregistry web site.
(d) The photograph of a sex or violent offender described insubsection (c) must meet the following requirements:
(1) The photograph must be full face, front view, with a plainwhite or off-white background.
(2) The image of the offender's face, measured from the bottomof the chin to the top of the head, must fill at least seventy-fivepercent (75%) of the photograph.
(3) The photograph must be in color.
(4) The photograph must show the offender dressed in normalstreet attire, without a hat or headgear that obscures the hair orhairline.
(5) If the offender normally and consistently wears prescriptionglasses, a hearing device, wig, or a similar article, thephotograph must show the offender wearing those items. Aphotograph may not include dark glasses or nonprescriptionglasses with tinted lenses unless the offender can provide amedical certificate demonstrating that tinted lenses are requiredfor medical reasons.
(6) The photograph must have sufficient resolution to permit theoffender to be easily identified by a person accessing theIndiana sex and violent offender registry web site.
(e) The Indiana sex and violent offender registry web site may befunded 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 fiscalbody.
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.
IC 36-2-13-5.6
Sex or violent offender registration fee; sex or violent offenderaddress change fee; collection and distribution
Sec. 5.6. (a) The legislative body of a county may adopt anordinance:
(1) requiring the local law enforcement authority (as defined inIC 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 offenderadministration fund to fund the administration of the sex and
violent offender registration system.
(b) If an ordinance is adopted under subsection (a), the legislativebody of the county shall establish the amount of the annual sex orviolent offender registration fee. However, the annual sex or violentoffender registration fee may not exceed fifty dollars ($50).
(c) If an ordinance is adopted under subsection (a), the legislativebody of the county shall establish the amount of the sex or violentoffender address change fee. However, a sex or violent offenderaddress change fee may not exceed five dollars ($5) per addresschange.
(d) The legislative body of the county shall determine the mannerin which the local law enforcement authority shall collect the annualsex or violent offender registration fee and the sex or violentoffender address change fee. However, the annual sex or violentoffender registration fee may be collected only one (1) time per year.The sex or violent offender address change fee may be collected eachtime a sex or violent offender registers an address change with thelocal law enforcement authority.
(e) The local law enforcement authority shall transfer feescollected under this section to the county auditor of the county inwhich the local law enforcement authority exercises jurisdiction.
(f) The county auditor shall monthly:
(1) deposit ninety percent (90%) of any fees collected under thissection in the county sex and violent offender administrationfund established under subsection (a); and
(2) transfer ten percent (10%) of any fees collected under thissection to the treasurer of state for deposit in the state sex andviolent offender administration fund under IC 11-8-8-21.
(g) A county fiscal body may appropriate money from the countysex and violent offender administration fund to an agency ororganization involved in the administration of the sex and violentoffender registry to defray the expense of administering or ensuringcompliance with the laws concerning the Indiana sex and violentoffender registry.
As added by P.L.216-2007, SEC.53.
IC 36-2-13-6
Purchase of judgment or allowance prohibited
Sec. 6. The sheriff may not purchase a judgment or allowance ina 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 ofhis office, the sheriff-elect may attend the sessions of a trainingschool that:
(1) offers courses of instruction for sheriffs;
(2) is established by Indiana University, Purdue University,Indiana University and Purdue University, the state policedepartment, or the Indiana sheriffs' association; and
(3) teaches methods of crime detection and offers courses fromthe state board of accounts on office routine and accounting.
(b) On presentation of proper charges or receipts and with theapproval of the county executive, the county auditor may issue hiswarrant for the following expenses of the sheriff-elect in attendinga school under this section:
(1) Any tuition charged by the school.
(2) A sum for mileage, lodging, and meals, equal to the sumallowed 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, withthe approval of the county executive and the county fiscal body, mayfurnish additional automobiles, for use by the sheriff in theperformance of his official duties. The county shall maintain eachautomobile in service.
(b) The county executive may purchase for and furnish to thesheriff a motor vehicle that seats a driver, two (2) guards, and at leastsix (6) other persons, and may be equipped for use as an ambulanceor used to transport persons in the custody of the sheriff. The countyshall maintain the vehicle.
(c) If the county furnishes and maintains a conveyance for the useof the sheriff, it may not grant him a mileage allowance but mayreimburse 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 thecounty prosecuting attorney, a weekly report of each person confinedin the county jail. The report must include the confined person'sname, the date of commitment, the court or officer ordering the
commitment, the criminal charge, conviction, or civil actionunderlying the commitment, the term of commitment, and whetherthe person is awaiting trial or serving a term of imprisonment.
(b) The sheriff shall file with the county executive an annualreport of the condition of the county jail and any recommendedimprovements in its maintenance and operation. The report shall alsobe 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; unlawfulkilling of prisoner; forfeiture of office; reinstatement
Sec. 13. (a) Whenever the sheriff has reason to believe that aprisoner in his custody is in danger of being unlawfully killed, heshall order all persons with whom he can directly communicate toassist him in protecting the prisoner. If the sheriff remains unable toprotect the prisoner, he shall notify the governor and ask for the aidof the state in protecting the prisoner.
(b) A sheriff who unlawfully kills a prisoner in his custody, orunlawfully permits such a prisoner to be killed, forfeits his office.The governor shall issue a proclamation declaring the office of thesheriff vacated.
(c) The person who forfeited the office may petition the governorto be reinstated as sheriff. The petition must:
(1) show that the person did everything in his power to protectthe life of the prisoner and carried out the duties of his officepertaining to the protection of prisoners; and
(2) be filed with the governor not more than fourteen (14) daysafter the date on which the governor declares the office of thesheriff vacated.
If, after a hearing, the governor finds that the person did carry out theduties of his office, he may reinstate him in office and issue to hima certificate of reinstatement. A person who files a petition under thissubsection shall give notice to both the prosecuting attorney of thecounty 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 detaineeto file claim
Sec. 14. (a) As used in this section, "accident and sicknessinsurance policy" means an insurance policy that provides one (1) ormore 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 inIC 27-13-1-12.
(c) As used in this section, "lawful detention" has the meaning setforth in IC 35-41-1-18.
(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 resultingfrom health care services that are rendered to the individual while theindividual is subject to lawful detention by a county sheriff.
(f) A county sheriff is not obligated to pay for health care servicesrendered to an individual while in the lawful detention of the sheriffto the extent that payment for the services is available under:
(1) an accident and sickness insurance policy under which theindividual is insured; or
(2) a health maintenance organization under which theindividual is an enrollee.
(g) If an individual to whom health care services are renderedwhile subject to lawful detention by a county sheriff fails or refusesto file a claim for payment of expenses resulting from the health careservices, 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 insurancepolicy under which the individual is insured or the healthmaintenance 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.
IC 36-2-13-15
Prisoners reimbursing counties for costs of incarceration
Sec. 15. (a) As used in this section, "lawful detention" has themeaning set forth in IC 35-41-1-18.
(b) This section applies to a county only if the legislative body forthe 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 ofmore than seventy-two (72) hours;
(3) not a member of a family that makes less than 150% of thefederal income poverty level; and
(4) not detained as a child subject to the jurisdiction of ajuvenile court;
shall reimburse the county for the costs described in subsection (d).
(d) A person described in subsection (c) shall reimburse thecounty 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 islawfully detained in a county jail or lawfully detained underIC 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 isliable under this section.
(e) The county fiscal body shall fix the per diem described insubsection (d)(1)(A) in an amount that is reasonably related to theaverage daily cost of housing a person in the county jail. If thecounty transfers the person to another county or the department ofcorrection under IC 35-33-11-3, the per diem is equal to the per diemcharged to the county under IC 35-33-11-5.
(f) The county sheriff shall collect the amounts due from a personunder this section in conformity with the procedures specified in theordinance adopted under subsection (b). If the county sheriff doesnot collect the amount due to the county, the county attorney maycollect the amount due.
As added by P.L.123-1998, SEC.2.
IC 36-2-13-15.3
Prisoners reimbursing counties for costs of incarceration; OhioCounty
Sec. 15.3. (a) As used in this section, "lawful detention" has themeaning set forth in IC 35-41-1-18.
(b) This section applies only:
(1) to a county having a population of less than six thousand(6,000); and
(2) if the legislative body for the county elects by ordinance toimplement 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 ofmore than six (6) hours;
(3) not a member of a family that makes less than 150% of thefederal income poverty level; and
(4) not detained as a child subject to the jurisdiction of ajuvenile court;
shall reimburse the county for the costs described in subsection (d).
(d) A person described in subsection (c) shall reimburse thecounty 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 islawfully detained in a county jail or lawfully detained underIC 35-33-11-3 for more than six (6) hours.
(2) The direct cost of investigating whether the person isindigent.
(3) The cost of collecting the amount for which the person isliable under this section.
(e) The county fiscal body shall fix the per diem described insubsection (d)(1)(A) in an amount that is reasonably related to theaverage daily cost of housing a person in the county jail. If the
county transfers the person to another county or the department ofcorrection under IC 35-33-11-3, the per diem is equal to the per diemcharged to the county under IC 35-33-11-5.
(f) The county sheriff shall collect the amounts due from a personunder this section in conformity with the procedures specified in theordinance adopted under subsection (b). If the county sheriff doesnot collect the amount due to the county, the county attorney maycollect the amount due.
As added by P.L.170-2001, SEC.1.
IC 36-2-13-16
Nonreverting county prisoner reimbursement funds
Sec. 16. (a) If the county legislative body adopts an ordinanceelecting to implement section 15 of this chapter, the countylegislative body shall establish a nonreverting county prisonerreimbursement fund.
(b) All amounts collected under section 15 of this chapter must bedeposited in the county prisoner reimbursement fund.
(c) Any amount earned from the investment of amounts in thefund becomes part of the fund.
(d) Notwithstanding any other law, upon appropriation by thecounty fiscal body, amounts in the fund may be used by the countyonly 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 31-31-8or 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 ordinanceelecting to implement section 15.3 of this chapter, the countylegislative body shall establish a nonreverting county prisonerreimbursement fund.
(b) All amounts collected under section 15.3 of this chapter mustbe deposited in the county prisoner reimbursement fund.
(c) Any amount earned from the investment of amounts in thefund becomes part of the fund.
(d) Notwithstanding any other law, upon appropriation by thecounty fiscal body, amounts in the fund may be used by the countyonly for:
(1) operating, constructing, repairing, remodeling, enlarging,and equipping:
(A) a county jail; or
(B) a juvenile detention center to be operated underIC 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 ofanother 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 witha sheriff who is elected or reelected to office after November 1,2010.
(2) Any other form of annual compensation provided to asheriff 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 underIC 6-8.1-8-3; and
(3) any other public source;
may not exceed the amount determined under subsection (c). Forpurposes of this subsection, "any other public source" does notinclude retirement or disability benefits from a federal, a state, oranother state's local governmental retirement or disability program,whether the retirement or disability benefit is based on prioremployment by the sheriff or another individual, nor does it includeworker's compensation benefits paid to the sheriff.
(c) To determine the maximum amount of a sheriff's annualcompensation, a county fiscal body shall determine the sum of thefollowing:
(1) The annual minimum salary that would be paid by the stateto a full-time prosecuting attorney in the county.
(2) The amount of any additional annual salary paid by thecounty from county sources to a full-time prosecuting attorneyin 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 convictedof 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 anindividual a fee for the individual to be incarcerated or held in a jailunless the individual has been convicted of a crime for which theindividual 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" includeshealth care items and procedures.
(b) 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.
(c) This section does not apply to a person who is subject tolawful detention and is:
(1) covered under private health coverage for health careservices; 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 tolawful detention solely for the purpose of preventing the county frombeing financially responsible under IC 11-12-5 for health careservices provided to the person.
(e) If a county violates subsection (d), the county remainsfinancially responsible under IC 11-12-5 for health care servicesprovided to the person released from lawful detention.
(f) A county is financially responsible under IC 11-12-5 for healthcare services provided to a person at a hospital if the person wassubject to lawful detention by the sheriff at the time the personentered onto the hospital's premises.
(g) If a person is subjected to lawful detention after entering ontothe premises of a hospital, the county in which the hospital is locatedis financially responsible under IC 11-12-5 for the health careservices provided to the person while the person is subject to lawfuldetention.
(h) For purposes of this section, if a sheriff brings a person subjectto lawful detention onto the premises of a hospital or subjects aperson to lawful detention after the person enters onto the premisesof a hospital, the sheriff shall remain on the premises of the hospitaland within reasonable proximity to the person while the personreceives health care services at the hospital unless:
(1) the person's medical condition renders the person incapableof leaving the hospital; and
(2) the person does not pose a threat to hospital personnel orproperty or to others at the hospital.
(i) This section does not prevent or limit the application ofIC 11-12-5-5 concerning the making of copayments by a personconfined to a county jail.
(j) A county that is responsible for paying the medical careexpenses of a county jail inmate under IC 11-12-5-6 is responsiblefor paying the medical care expenses of the inmate under thissection.
(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 toa person subject to lawful detention; and
(2) entered into or renewed before July 1, 2009.
(l) This section expires June 30, 2011.
As added by P.L.80-2009, SEC.2.