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 for
the protection of committed persons, including:
(1) the monitoring of committed persons whose presence in the
general population of a facility or program constitutes a threat
of physical danger to other persons;
(2) reasonable searches of committed persons, facilities and
premises to reduce the number of weapons and dangerous
items;
(3) adequate staff supervision of committed persons, including
living quarters;
(4) maintenance of accurate records regarding incidents of
violence;
(5) referral of serious criminal conduct to investigating and
prosecuting 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 policies
and 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 of
conditions; authority of department of health and fire marshal
Sec. 2. (a) The facilities of the department must comply with
federal and state health, sanitation, safety, and fire laws applicable
to dwellings, food establishments, eating facilities, and public
buildings.
(b) Each department facility shall be inspected at least annually
by the state department of health and the state fire marshal, who
shall, within fifteen (15) days of the inspection, file a written report
with the commissioner listing all unsafe, unsanitary, or unhealthy
conditions 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, or
unhealthy, the state department of health and the state fire marshal
shall consider the degree of overcrowding, the light, air, and space
available to offenders within a facility, the size and arrangement of
rooms and cells, the sanitary facilities, and the extent to which
conditions in a facility endanger life or property.
(c) The commissioner shall correct all unsafe, unsanitary, or
unhealthy conditions reported by the state department of health or the
state fire marshal with reasonable promptness. Failure by the
department to initiate and continue action to correct unsafe,
unsanitary, or unhealthy conditions within thirty (30) days of
receiving a report of those conditions from the state department of
health or the state fire marshal constitutes noncompliance with this
subsection. Upon such noncompliance, the commissioner shall
submit to the reporting agency and the governor a written statement
explaining:
(1) why the reported condition or conditions have not been
remedied;
(2) what the estimated cost of remedying the reported condition
or conditions would be in terms of construction, renovation,
manpower, space, and equipment;
(3) whether the reported condition or conditions can be
corrected by using facilities of other governmental entities;
(4) whether additional state financing is required and, if so, the
estimated amount needed; and
(5) the probable consequences of not remedying each reported
unsafe, unsanitary, or unhealthy condition.
(d) Notwithstanding other provisions of this section, the state
department of health and state fire marshal retain authority to correct
unhealthy, unsanitary, or unsafe conditions within a facility as
provided by law. As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.2-1992,
SEC.112.
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 for
the protection of committed persons, including:
(1) the monitoring of committed persons whose presence in the
general population of a facility or program constitutes a threat
of physical danger to other persons;
(2) reasonable searches of committed persons, facilities and
premises to reduce the number of weapons and dangerous
items;
(3) adequate staff supervision of committed persons, including
living quarters;
(4) maintenance of accurate records regarding incidents of
violence;
(5) referral of serious criminal conduct to investigating and
prosecuting 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 policies
and 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 of
conditions; authority of department of health and fire marshal
Sec. 2. (a) The facilities of the department must comply with
federal and state health, sanitation, safety, and fire laws applicable
to dwellings, food establishments, eating facilities, and public
buildings.
(b) Each department facility shall be inspected at least annually
by the state department of health and the state fire marshal, who
shall, within fifteen (15) days of the inspection, file a written report
with the commissioner listing all unsafe, unsanitary, or unhealthy
conditions 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, or
unhealthy, the state department of health and the state fire marshal
shall consider the degree of overcrowding, the light, air, and space
available to offenders within a facility, the size and arrangement of
rooms and cells, the sanitary facilities, and the extent to which
conditions in a facility endanger life or property.
(c) The commissioner shall correct all unsafe, unsanitary, or
unhealthy conditions reported by the state department of health or the
state fire marshal with reasonable promptness. Failure by the
department to initiate and continue action to correct unsafe,
unsanitary, or unhealthy conditions within thirty (30) days of
receiving a report of those conditions from the state department of
health or the state fire marshal constitutes noncompliance with this
subsection. Upon such noncompliance, the commissioner shall
submit to the reporting agency and the governor a written statement
explaining:
(1) why the reported condition or conditions have not been
remedied;
(2) what the estimated cost of remedying the reported condition
or conditions would be in terms of construction, renovation,
manpower, space, and equipment;
(3) whether the reported condition or conditions can be
corrected by using facilities of other governmental entities;
(4) whether additional state financing is required and, if so, the
estimated amount needed; and
(5) the probable consequences of not remedying each reported
unsafe, unsanitary, or unhealthy condition.
(d) Notwithstanding other provisions of this section, the state
department of health and state fire marshal retain authority to correct
unhealthy, unsanitary, or unsafe conditions within a facility as
provided by law. As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.2-1992,
SEC.112.
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 for
the protection of committed persons, including:
(1) the monitoring of committed persons whose presence in the
general population of a facility or program constitutes a threat
of physical danger to other persons;
(2) reasonable searches of committed persons, facilities and
premises to reduce the number of weapons and dangerous
items;
(3) adequate staff supervision of committed persons, including
living quarters;
(4) maintenance of accurate records regarding incidents of
violence;
(5) referral of serious criminal conduct to investigating and
prosecuting 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 policies
and 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 of
conditions; authority of department of health and fire marshal
Sec. 2. (a) The facilities of the department must comply with
federal and state health, sanitation, safety, and fire laws applicable
to dwellings, food establishments, eating facilities, and public
buildings.
(b) Each department facility shall be inspected at least annually
by the state department of health and the state fire marshal, who
shall, within fifteen (15) days of the inspection, file a written report
with the commissioner listing all unsafe, unsanitary, or unhealthy
conditions 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, or
unhealthy, the state department of health and the state fire marshal
shall consider the degree of overcrowding, the light, air, and space
available to offenders within a facility, the size and arrangement of
rooms and cells, the sanitary facilities, and the extent to which
conditions in a facility endanger life or property.
(c) The commissioner shall correct all unsafe, unsanitary, or
unhealthy conditions reported by the state department of health or the
state fire marshal with reasonable promptness. Failure by the
department to initiate and continue action to correct unsafe,
unsanitary, or unhealthy conditions within thirty (30) days of
receiving a report of those conditions from the state department of
health or the state fire marshal constitutes noncompliance with this
subsection. Upon such noncompliance, the commissioner shall
submit to the reporting agency and the governor a written statement
explaining:
(1) why the reported condition or conditions have not been
remedied;
(2) what the estimated cost of remedying the reported condition
or conditions would be in terms of construction, renovation,
manpower, space, and equipment;
(3) whether the reported condition or conditions can be
corrected by using facilities of other governmental entities;
(4) whether additional state financing is required and, if so, the
estimated amount needed; and
(5) the probable consequences of not remedying each reported
unsafe, unsanitary, or unhealthy condition.
(d) Notwithstanding other provisions of this section, the state
department of health and state fire marshal retain authority to correct
unhealthy, unsanitary, or unsafe conditions within a facility as
provided by law. As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.2-1992,
SEC.112.
