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 injury
or 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 of
serious bodily injury or death or represents a substantial threat to the
safety of others, the court shall determine whether the inmate is in
imminent danger of serious bodily injury or death, or represents a
substantial threat to the safety of others. If the court finds that the
inmate is in danger of serious bodily injury or death or represents a
substantial threat to the safety of others, it shall order the sheriff to
transfer the inmate to another county jail or to a facility of the
department of correction designated by the commissioner of the
department as suitable for the confinement of that prisoner and
provided that space is available. For the purpose of this chapter, an
inmate is not considered in danger of serious bodily injury or death
due 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 a
posttransfer hearing upon request. The inmate may refuse a transfer
if 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 otherwise
physically inadequate to house inmates; and
(2) another sheriff or the commissioner of the department of
correction has agreed to accept custody of inmates from the
sheriff;
the court may order inmates transferred to the custody of the person
who has agreed to accept custody. Whenever a transfer order is
necessary under this section, only inmates serving a sentence after
conviction for a crime may be transferred, unless the overcrowding
or inadequacy of the facility also requires transfer of inmates
awaiting 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 which
necessitated a transfer under this chapter no longer exist, it shall
order the sheriff to return the inmate to the county jail from which he
was 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, the
sheriff of the county from which the inmate is transferred shall be
responsible for transporting the inmates to and from the other
facility. If the sheriff is unable to adequately protect the inmate
during the transfer, the sheriff or the court may request assistance
from any other law enforcement agency. The county which transfers
an inmate shall pay:
(1) a per diem of the average daily cost of housing a prisoner at
the facility to which the inmate has been assigned; and
(2) any additional costs reasonably necessary to maintain the
health 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, the
sheriff of the county from which the inmate is received shall deliver
with the prisoner a certified copy of the order, a current medical
report, if available, and other data relating the proper medical care
and classification of the inmate that is established as necessary by
written policy of the department of correction or the receiving
institution, pertaining to the health, safety, and proper confinement
of 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 the
county and judge of the court from which the inmate was transferred
of any subsequent transfer of a prisoner within the department of
correction 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 transfer
to the department or other receiving institution may be assigned to
any program or work consistent with procedures and requirements
for other prisoners committed to the department or other receiving
institution.
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 be
assigned to programs consistent with the rights regarding prisoners
awaiting 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 sheriff
may discipline prisoners awaiting trial as authorized under IC 35-50. As added by Acts 1981, P.L.298, SEC.2.
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 injury
or 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 of
serious bodily injury or death or represents a substantial threat to the
safety of others, the court shall determine whether the inmate is in
imminent danger of serious bodily injury or death, or represents a
substantial threat to the safety of others. If the court finds that the
inmate is in danger of serious bodily injury or death or represents a
substantial threat to the safety of others, it shall order the sheriff to
transfer the inmate to another county jail or to a facility of the
department of correction designated by the commissioner of the
department as suitable for the confinement of that prisoner and
provided that space is available. For the purpose of this chapter, an
inmate is not considered in danger of serious bodily injury or death
due 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 a
posttransfer hearing upon request. The inmate may refuse a transfer
if 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 otherwise
physically inadequate to house inmates; and
(2) another sheriff or the commissioner of the department of
correction has agreed to accept custody of inmates from the
sheriff;
the court may order inmates transferred to the custody of the person
who has agreed to accept custody. Whenever a transfer order is
necessary under this section, only inmates serving a sentence after
conviction for a crime may be transferred, unless the overcrowding
or inadequacy of the facility also requires transfer of inmates
awaiting 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 which
necessitated a transfer under this chapter no longer exist, it shall
order the sheriff to return the inmate to the county jail from which he
was 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, the
sheriff of the county from which the inmate is transferred shall be
responsible for transporting the inmates to and from the other
facility. If the sheriff is unable to adequately protect the inmate
during the transfer, the sheriff or the court may request assistance
from any other law enforcement agency. The county which transfers
an inmate shall pay:
(1) a per diem of the average daily cost of housing a prisoner at
the facility to which the inmate has been assigned; and
(2) any additional costs reasonably necessary to maintain the
health 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, the
sheriff of the county from which the inmate is received shall deliver
with the prisoner a certified copy of the order, a current medical
report, if available, and other data relating the proper medical care
and classification of the inmate that is established as necessary by
written policy of the department of correction or the receiving
institution, pertaining to the health, safety, and proper confinement
of 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 the
county and judge of the court from which the inmate was transferred
of any subsequent transfer of a prisoner within the department of
correction 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 transfer
to the department or other receiving institution may be assigned to
any program or work consistent with procedures and requirements
for other prisoners committed to the department or other receiving
institution.
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 be
assigned to programs consistent with the rights regarding prisoners
awaiting 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 sheriff
may discipline prisoners awaiting trial as authorized under IC 35-50. As added by Acts 1981, P.L.298, SEC.2.
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 injury
or 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 of
serious bodily injury or death or represents a substantial threat to the
safety of others, the court shall determine whether the inmate is in
imminent danger of serious bodily injury or death, or represents a
substantial threat to the safety of others. If the court finds that the
inmate is in danger of serious bodily injury or death or represents a
substantial threat to the safety of others, it shall order the sheriff to
transfer the inmate to another county jail or to a facility of the
department of correction designated by the commissioner of the
department as suitable for the confinement of that prisoner and
provided that space is available. For the purpose of this chapter, an
inmate is not considered in danger of serious bodily injury or death
due 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 a
posttransfer hearing upon request. The inmate may refuse a transfer
if 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 otherwise
physically inadequate to house inmates; and
(2) another sheriff or the commissioner of the department of
correction has agreed to accept custody of inmates from the
sheriff;
the court may order inmates transferred to the custody of the person
who has agreed to accept custody. Whenever a transfer order is
necessary under this section, only inmates serving a sentence after
conviction for a crime may be transferred, unless the overcrowding
or inadequacy of the facility also requires transfer of inmates
awaiting 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 which
necessitated a transfer under this chapter no longer exist, it shall
order the sheriff to return the inmate to the county jail from which he
was 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, the
sheriff of the county from which the inmate is transferred shall be
responsible for transporting the inmates to and from the other
facility. If the sheriff is unable to adequately protect the inmate
during the transfer, the sheriff or the court may request assistance
from any other law enforcement agency. The county which transfers
an inmate shall pay:
(1) a per diem of the average daily cost of housing a prisoner at
the facility to which the inmate has been assigned; and
(2) any additional costs reasonably necessary to maintain the
health 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, the
sheriff of the county from which the inmate is received shall deliver
with the prisoner a certified copy of the order, a current medical
report, if available, and other data relating the proper medical care
and classification of the inmate that is established as necessary by
written policy of the department of correction or the receiving
institution, pertaining to the health, safety, and proper confinement
of 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 the
county and judge of the court from which the inmate was transferred
of any subsequent transfer of a prisoner within the department of
correction 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 transfer
to the department or other receiving institution may be assigned to
any program or work consistent with procedures and requirements
for other prisoners committed to the department or other receiving
institution.
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 be
assigned to programs consistent with the rights regarding prisoners
awaiting 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 sheriff
may discipline prisoners awaiting trial as authorized under IC 35-50. As added by Acts 1981, P.L.298, SEC.2.
