§ 36-8-10-7 — Prisoner meal allowances

(a) The state examiner of the state board of
accounts shall fix the exact amount per meal that the sheriff of each
county receives for feeding the prisoners in the sheriff's custody.
Subject to the maximum meal allowance provided in this section, the
state examiner shall increase the amount per meal that a sheriff
receives as follows:
(1) Increase the amount per meal by a percentage that does not
exceed the percent of increase in the United States Department of
Labor Consumer Price Index during the year preceding the year
in which an increase is established.
(2) Increase the amount per meal above the amount determined
under subdivision (1) if the sheriff furnishes to the state examiner
sufficient documentation to prove that the sheriff cannot provide
meals at the amount per meal that is determined under
subdivision (1).
The amount must be fixed by April 15 each year and takes effect
immediately upon approval. The allowance may not exceed two dollars
($2) per person per meal. The allowance shall be paid out of the
general fund of the county after the sheriff submits to the county
executive an itemized statement, under oath, showing the names of the
prisoners, the date that each was imprisoned in the county jail, and the
number of meals served to each prisoner.
(b) Notwithstanding subsection (a), IC 36-2-13-2.5(b)(4) through IC 36-2-13-2.5(b)(5), and IC 36-2-13-2.8(b), this subsection applies to the
following counties:
(1) A county having a population of more than one hundred eighty
thousand (180,000) and less than one hundred eighty-five
thousand (185,000).
(2) A county having a population of more than three hundred fifty
thousand (350,000) and less than four hundred thousand
(400,000).
(3) A county having a population of more than four hundred
thousand (400,000) and less than seven hundred thousand
(700,000).
(4) A county having a consolidated city.
A county shall feed the county prisoners through an appropriation in
the usual manner by the county fiscal body. The appropriation shall be
expended by the sheriff under the direction of the county executive. If
a county has a population of less than four hundred thousand
(400,000), an accounting of the expenditures must be filed monthly
with the county auditor by the fifth day of the month following the
expenditure. If a county has a population of four hundred thousand
(400,000) or more, an accounting of the expenditures must be filed
with the county auditor on the first Monday of January and the first
Monday of July of each year. Neither the sheriff nor the sheriff's
officers, deputies, and employees may make a profit as a result of the
appropriation.
[Pre-Local Government Recodification Citations: subsection
(a) formerly 17-3-12-1; subsection (b) formerly 17-2-85-2;
17-3-12-1.5; 17-3-12.5-1; 17-3-75-2.]
As added by Acts 1981, P.L.309, SEC.61. Amended by Acts
1982, P.L.215, SEC.1; P.L.227-1991, SEC.1; P.L.12-1992, SEC.173;
P.L.83-1993, SEC.3; P.L.230-1996, SEC.2; P.L.170-2002, SEC.163;
P.L.119-2012, SEC.220; P.L.104-2022, SEC.200.