§ 35-33-11-3 — Overcrowding or inadequacy of local penal facility

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.