§ 11-11-6-2 — Compliance with federal and state laws; inspections; correction of conditions; authority of Indiana department of health and fire marshal

(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:
(1) the Indiana department of health if the facility is not
accredited by a nationally recognized accrediting organization;
and
(2) 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 Indiana 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 Indiana 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 Indiana 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 Indiana
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; P.L.156-2011, SEC.5; P.L.56-2023,
SEC.81.