Indiana § 11-12-4-1 - Adoption of minimum standards; requirements of standards; committee of sheriffs; views and suggestions

§ 11-12-4-1. Adoption of minimum standards; requirements of standards; committee of sheriffs; views and suggestions

Note: This version of section amended by P.L.106-2026, SEC.12, effective 7-1-2026. See also following version of this section amended by P.L.152-2026, SEC.176, effective 7-1-2027.

Sec. 1. (a) The department shall adopt under IC 4-22-2 minimum standards for county jails governing the following:

(1) General physical and environmental conditions.

(2) Services and programs to be provided to confined persons.

(3) Procedures for the care and control of confined persons that are necessary to ensure the health and safety of confined persons, the security of the jail, and public safety.

(4) The restraint of pregnant inmates. Rules adopted under this subdivision must be consistent with IC 11-10-3.5.

(5) Procedures concerning proper cooperation between the jail and the United States Immigration and Customs Enforcement, including compliance with the requirements of IC 5-2-18.2-9.

However, the department may not adopt any standard that prohibits the placement of more than one (1) prisoner in a prisoner cell that has thirty-five (35) square feet or more of floor space per prisoner.

(b) The standards must be sufficiently flexible to foster the development of new and improved practices and to accommodate local needs and circumstances. The standards must be consistent with the laws of Indiana and the rules of the Indiana department of health and the fire prevention and building safety commission.

(c) The commissioner shall select a committee of not less than five (5) county sheriffs to consult with the department before and during the drafting of the proposed minimum standards. County sheriffs shall be selected from the various classes of counties to ensure that densely, moderately, and sparsely populated counties are represented. Each county sheriff is entitled to the minimum salary per diem as provided in IC 4-10-11-2.1 for each day engaged in the official business of the committee and to reimbursement for traveling and other expenses, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(d) At least sixty (60) days before setting the date for a public hearing under IC 4-22-2, the department shall forward copies of the proposed minimum standards to each county sheriff, each board of county commissioners, and the attorney general and shall solicit their views and suggestions.

(e) Compliance with standards described in subsection (a)(5) and the results of inspections performed pursuant to IC 11-12-4 concerning compliance with such standards do not preclude and are not a defense to the attorney general bringing an action under IC 5-2-18.2 for violations of IC 5-2-18.2-9.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.152-1983, SEC.1; P.L.8-1984, SEC.15; P.L.245-1987, SEC.9; P.L.2-1992, SEC.114; P.L.78-2022, SEC.7; P.L.56-2023, SEC.82; P.L.106-2026, SEC.12.

IC 11-12-4-1Adoption of minimum standards; requirements of standards; committee of sheriffs; views and suggestions of sheriffs and county commissioners Note: This version of section amended by P.L.152-2026, SEC.176, effective 7-1-2027. See also preceding version of this section amended by P.L.106-2026, SEC.12, effective 7-1-2026.

Sec. 1. (a) The department shall adopt under IC 4-22-2 minimum standards for county jails governing:

(1) general physical and environmental conditions;

(2) services and programs to be provided to confined persons;

(3) procedures for the care and control of confined persons that are necessary to ensure the health and safety of confined persons, the security of the jail, and public safety; and

(4) the restraint of pregnant inmates. Rules adopted under this subdivision must be consistent with IC 11-10-3.5.

However, the department may not adopt any standard that prohibits the placement of more than one (1) prisoner in a prisoner cell that has thirty-five (35) square feet or more of floor space per prisoner.

(b) The standards must be sufficiently flexible to foster the development of new and improved practices and to accommodate local needs and circumstances. The standards must be consistent with the laws of Indiana and the rules of the Indiana department of health and the department of homeland security.

(c) The commissioner shall select a committee of not less than five (5) county sheriffs to consult with the department before and during the drafting of the proposed minimum standards. County sheriffs shall be selected from the various classes of counties to ensure that densely, moderately, and sparsely populated counties are represented. Each county sheriff is entitled to the minimum salary per diem as provided in IC 4-10-11-2.1 for each day engaged in the official business of the committee and to reimbursement for traveling and other expenses, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(d) At least sixty (60) days before setting the date for a public hearing under IC 4-22-2, the department shall forward copies of the proposed minimum standards to each county sheriff and each board of county commissioners and shall solicit their views and suggestions.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.152-1983, SEC.1; P.L.8-1984, SEC.15; P.L.245-1987, SEC.9; P.L.2-1992, SEC.114; P.L.78-2022, SEC.7; P.L.56-2023, SEC.82; P.L.152-2026, SEC.176.