§ 11-12-4-2 — Inspection of county jails; notice of noncompliance with standards; petition for injunction; recommendation to convene grand jury; action by sheriff

(a) The department shall inspect each county
jail at least one (1) time each year to determine whether it is complying
with the standards adopted under section 1 of this chapter. If the
department determines that a jail is not complying with the standards,
the commissioner shall give written notice of this determination to the
county sheriff, the board of county commissioners, the prosecuting
attorney, the circuit court, superior court, or probate court, and all
courts having criminal or juvenile jurisdiction in that county. This
notice must specify which standards are not being met and state the
commissioner's recommendations regarding compliance.
(b) If after six (6) months from the date of the written notice the
department determines that the county is not making a good faith effort
toward compliance with the standards specified in the notice, the
commissioner may:
(1) petition the circuit court, superior court, or probate court for
an injunction prohibiting the confinement of persons in all or any
part of the jail, or otherwise restricting the use of the jail; or
(2) recommend, in writing, to the prosecuting attorney and each
court with criminal or juvenile jurisdiction that a grand jury be
convened to tour and examine the county jail under IC 35-34-2-11.
(c) Upon receipt of notice by the commissioner that the jail does not
comply with standards adopted under section 1 of this chapter, the
sheriff may bring an action in the circuit court, superior court, or
probate court against the board of county commissioners or county
council for appropriate mandatory or injunctive relief.
As added by Acts 1979, P.L.120, SEC.5. Amended by
P.L.5-2002, SEC.1; P.L.84-2016, SEC.61.