Indiana § 36-2-13-13 Protection of prisoner in sheriff's custody; assistance; unlawful killing
of prisoner; forfeiture of office; reinstatement

Indiana Statutes

§ 36-2-13-13 — Protection of prisoner in sheriff's custody; assistance; unlawful killing of prisoner; forfeiture of office; reinstatement

Indiana § 36-2-13-13

Title 36LOCAL GOVERNMENT

Art. 2GOVERNMENT OF COUNTIES GENERALLY

Ch. 13County Sheriff

This text of Indiana § 36-2-13-13 (Protection of prisoner in sheriff's custody; assistance; unlawful killing of prisoner; forfeiture of office; reinstatement) 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 § 36-2-13-13 (2026).

Text

(a)Whenever the sheriff has reason to believe that a prisoner in the sheriff's custody is in danger of being unlawfully killed, the sheriff shall order all persons with whom the sheriff can directly communicate to assist in protecting the prisoner. If the sheriff remains unable to protect the prisoner, the sheriff shall notify the governor and ask for the aid of the state in protecting the prisoner.

(b)A sheriff who unlawfully kills a prisoner in the sheriff's custody, or unlawfully permits a prisoner to be killed, forfeits the sheriff's office. The governor shall issue a proclamation declaring the office of the sheriff vacated.

(c)The person who forfeited the office may petition the governor to be reinstated as sheriff. The petition must:

(1)show that the person did everything in the

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(a) Whenever the sheriff has reason to
believe that a prisoner in the sheriff's custody is in danger of being
unlawfully killed, the sheriff shall order all persons with whom the
sheriff can directly communicate to assist in protecting the prisoner. If
the sheriff remains unable to protect the prisoner, the sheriff shall
notify the governor and ask for the aid of the state in protecting the
prisoner.
(b) A sheriff who unlawfully kills a prisoner in the sheriff's custody,
or unlawfully permits a prisoner to be killed, forfeits the sheriff's office.
The governor shall issue a proclamation declaring the office of the
sheriff vacated.
(c) The person who forfeited the office may petition the governor to
be reinstated as sheriff. The petition must:
(1) show that the person did everything in the person's power to
protect the life of the prisoner and carried out the duties of the
sheriff's office pertaining to the protection of prisoners; and
(2) be filed with the governor not more than fourteen (14) days
after the date on which the governor declares the office of the
sheriff vacated.
If, after a hearing, the governor finds that the person did carry out the
duties of the sheriff's office, the governor may reinstate the person in
office and issue to the person a certificate of reinstatement. A person
who files a petition under this subsection shall give notice to both the
prosecuting attorney of the county and the attorney general.
[Pre-Local Government Recodification Citation: 17-3-5-2.1
part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by
P.L.127-2017, SEC.93.