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

Indiana Statutes

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

Indiana § 35-33-11-3

Art. 33PRELIMINARY PROCEEDINGS

Ch. 11Emergency Transfer of Certain Jail Inmates

This text of Indiana § 35-33-11-3 (Overcrowding or inadequacy of local penal facility) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-33-11-3 (2026).

Text

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.

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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.