§ 35-33-11-1 — Emergency transfer of certain county jail inmates

(a) An inmate who is confined in a county jail
before sentencing may be transferred to the custody of another county
jail or the department of correction in accordance with this chapter.
However, an inmate may not be transferred under this chapter due to
mental illness or another medical condition requiring the
administration of health care services under IC 11-12-5 and IC 36-2-13.
(b) If a sheriff, prosecuting attorney, inmate, or inmate's attorney has
reason to believe that the inmate:
(1) poses a serious risk of escape;
(2) demonstrates violent or aggressive behavior that poses a
substantial threat to the inmate, another inmate, or staff; or
(3) needs to be protected from another inmate and is in imminent
danger of serious bodily injury or death;
that person may submit a written request to another sheriff or to the
commissioner of the department of correction for the inmate's transfer
to another jail or to the department of correction. The written request
must set forth the basis for the person's belief that a circumstance
described in subdivisions (1) through (3) exists.
(c) Not later than forty-eight (48) hours after receipt of the written
request submitted under subsection (b), the:
(1) sheriff to whom the request was submitted; or
(2) commissioner of the department of correction;
shall approve or deny the request. If the sheriff or commissioner denies
the request, the sheriff or commissioner must provide a justification for
the denial in writing.
(d) If the sheriff or commissioner of the department of correction
approves the request for transfer, the person who submitted the request
for transfer shall file a petition with the appropriate court:
(1) describing the basis under subsection (b)(1) through (b)(3) for
the transfer; and
(2) requesting an order to transfer the inmate to the custody of
another county jail (if the county jail approved the transfer) or the
department of correction (if the commissioner approved the
transfer).
The person shall attach a written copy of the approved request to the
petition.
(e) If the request for transfer is denied, the person who submitted the
request for transfer may file a petition with an appropriate court
seeking transfer of the inmate to:
(1) the county jail that denied the transfer request;
(2) another county jail; or
(3) the department of correction.
(f) A petition filed under subsection (e) must include:
(1) a copy of the original request for transfer;
(2) a copy of the denial of transfer and of the justification for the
denial from the sheriff or commissioner of the department of
correction, as applicable;
(3) the basis under subsection (b)(1) through (b)(3) for the
transfer; and
(4) an explanation of why the transfer is necessary.
(g) If the court finds by clear and convincing evidence that:
(1) a basis for transfer under subsection (b)(1) through (b)(3)
exists; and
(2) the transfer is necessary;
the court may order the inmate transferred to a county jail, if the sheriff
agrees to accept the inmate, or to an appropriate facility of the
department of correction, as designated by the commissioner. The
department of correction has exclusive authority over the placement of
an individual who is transferred into departmental custody under this
section.
(h) The county from which the inmate is transferred shall pay a per
diem consisting of the average daily cost of housing the inmate at the
facility to which the inmate has been transferred. Except as provided
in subsection (i), the county from which the inmate was transferred
shall also reimburse the receiving facility for any additional costs
incurred as a direct result of the confinement of the inmate for the
duration of the transfer order, including personnel costs and the costs
of health care, transport, and other costs incurred as a direct result of
the confinement.
(i) If the inmate is transferred to the department of correction, the
county shall reimburse the department of correction for marginal health
care costs, transportation costs, and corresponding personnel costs for
the duration of the transfer order.
As added by Acts 1981, P.L.298, SEC.2. Amended by
P.L.110-2025, SEC.1.