Indiana § 11-12-5-10 - Assistance in securing treatment for mental illness or addictive disorder; timing of assistance; outside entity assistance

§ 11-12-5-10. Assistance in securing treatment for mental illness or addictive disorder; timing of assistance; outside entity assistance

Sec. 10. (a) This section is effective beginning September 1, 2015.

(b) The sheriff, in consultation with the county executive or a person designated by the county executive, shall assist an offender who has a mental illness or addictive disorder in securing treatment for the mental illness or for substance abuse addiction, as the authorized representative as described in IC 11-10-3-7 or as a health navigator under the requirements of IC 27-19-2-12, so that the offender might be eligible for treatment when the offender is subsequently released from the county jail or required to receive inpatient psychiatric services while incarcerated to the extent authorized under federal law.

(c) The sheriff shall provide the assistance described in subsection (b) in sufficient time to ensure that the offender will be able to receive treatment at the time the committed offender is released from the county jail.

(d) A sheriff shall use a community mental health center (as defined in IC 12-7-2.1-78) or a provider certified or licensed by the division of mental health and addiction, including a hospital or outreach eligibility worker, to assist with securing treatment for a mental illness or addictive disorder through the Medicaid program under this section.

As added by P.L.185-2015, SEC.8. Amended by P.L.145-2026, SEC.61.

IC 11-12-5.5Chapter 5.5. Regional Jails

11-12-5.5-1Definitions 11-12-5.5-2Interlocal agreement for the construction, maintenance, or operation of a regional jail; approval 11-12-5.5-3Terms included in the regional jail agreement 11-12-5.5-4County sheriff as a member of separate legal entity or joint board 11-12-5.5-5Provisions supplement existing law 11-12-5.5-6Regional jails; programs

IC 11-12-5.5-1Definitions Sec. 1. The following definitions apply throughout this chapter:

(1) "Regional jail" means a correctional facility (as defined in IC 5-1.2-2-11) for which a regional jail agreement has been entered into under section 2 of this chapter.

(2) "Regional jail agreement" means an agreement described in section 2(a) of this chapter.

As added by P.L.184-2018, SEC.11. Amended by P.L.239-2019, SEC.7.

IC 11-12-5.5-2Interlocal agreement for the construction, maintenance, or operation of a regional jail; approval Sec. 2. (a) Subject to the requirements of this chapter, the executive of a county may enter into an agreement under IC 36-1-7 with one (1) or more entities described in IC 36-1-7-1 for the construction, maintenance, or operation of a regional jail.

(b) In the case of a county, the county executive may not enter into a regional jail agreement under this chapter unless the regional jail agreement is first approved by both the county fiscal body and the county sheriff.

(c) A regional jail may be designed, financed, constructed, operated, or maintained by any means permitted or authorized by law, including the following:

(1) IC 5-23.

(2) IC 5-30.

(3) IC 5-32.

(4) IC 36-1-12.

As added by P.L.184-2018, SEC.11. Amended by P.L.239-2019, SEC.8.

IC 11-12-5.5-3Terms included in the regional jail agreement Sec. 3. (a) In addition to the provisions required under IC 36-1-7-3, a regional jail agreement must include terms concerning the following:

(1) The location of the regional jail.

(2) The acquisition, design, financing, construction, leasing, maintenance, repair, operation, termination of operations, and administration of the regional jail.

(3) The manner in which each participating entity's proportionate share of the funding for the regional jail will be determined.

(4) The manner in which any:

(A) per diem paid by the state; or

(B) other reimbursement paid by the state;

for the costs of incarcerating individuals in a county jail or the costs of medical care expenses incurred for individuals in a county jail will be used by the participating entities.

(5) Any pledge of local revenue that will be required to carry out the regional jail agreement or to pay bonds issued or leases entered into by a participating entity to carry out the regional jail agreement.

(6) The standards that will apply to the regional jail.

(7) The method of determining the inmate programs, activities, and services that will be provided at the regional jail.

(8) The method of resolving disputes among the participating entities concerning the regional jail agreement, if any such disputes arise.

(b) Notwithstanding IC 5-23, if a public-private agreement (as defined in IC 5-23-2-13) is entered into to design, finance, construct, maintain, or operate a regional jail, the manner of acquiring, holding, and disposing of real property under the joint agreement may include ownership by the operator of:

(1) real property on which the regional jail is constructed;

(2) personal property of the regional jail; and

(3) all improvements to the regional jail during and after the termination of the public-private agreement.

As added by P.L.184-2018, SEC.11. Amended by P.L.239-2019, SEC.9.

IC 11-12-5.5-4County sheriff as a member of separate legal entity or joint board Sec. 4. If the participating entities determine that the regional jail agreement entered into under this chapter shall be administered by a separate legal entity as authorized by IC 36-1-7-3(a)(5)(A) or by a joint board as authorized by IC 36-1-7-3(a)(5)(B), the county sheriff of each county participating in the agreement (or the county sheriff's designee) must be included as a member on the governing board of the separate legal entity or as a member of the joint board.

As added by P.L.184-2018, SEC.11.

IC 11-12-5.5-5Provisions supplement existing law Sec. 5. This chapter supplements and does not limit the authority of any entity to enter into an agreement under IC 36-1-7 concerning regional or multicounty jails.

As added by P.L.184-2018, SEC.11.

IC 11-12-5.5-6Regional jails; programs Sec. 6. A regional jail may provide any combination of:

(1) substance abuse treatment (as defined in IC 11-12-3.8-1.5);

(2) jail treatment (as described in IC 11-12-2);

(3) recidivism reduction programs (as described in IC 11-12-2); or

(4) any other program or service the participating entities determine is necessary or appropriate.

As added by P.L.239-2019, SEC.10.

IC 11-12-6Chapter 6. RepealedRepealed by P.L.179-2015, SEC.7.

IC 11-12-6.5Chapter 6.5. Regional Holding Facilities

11-12-6.5-1Definitions 11-12-6.5-2Terms included in the regional holding facility agreement 11-12-6.5-3Transport of a confined jail offender 11-12-6.5-4Costs of incarcerating a confined jail offender 11-12-6.5-5Department report 11-12-6.5-6State comptroller report 11-12-6.5-7Confined jail offender commissary or trust account; transfer 11-12-6.5-8Regional holding facility agreement; standards 11-12-6.5-9Responsibilities of criminal justice institute 11-12-6.5-10Provisions supplement existing law 11-12-6.5-11Rulemaking authority

IC 11-12-6.5-1Definitions Sec. 1. (a) As used in this chapter, "confined jail offender" means a person convicted of a Level 6 felony and sentenced to a period of imprisonment in a county jail. The term does not include:

(1) a person convicted of a felony other than a Level 6 felony; or

(2) a person convicted of an offense under IC 9-30-15.5-1.

(b) As used in this chapter, "overcrowded" means that the county jail is at one hundred percent (100%) capacity.

(c) As used in this chapter, "prisoner" means a criminal offender who is convicted of a crime and is:

(1) serving a sentence for a conviction other than a Level 6 felony conviction; and

(2) committed to the department of correction.

(d) As used in this chapter, "regional holding facility" means an existing facility that:

(1) is currently established and operated by the department for the purpose of housing a confined jail offender from a county jail when the county jail is overcrowded;

(2) does not include any prisoners from the general prison population who are committed to the department of correction;

(3) provides treatment and counseling, if necessary, for the following:

(A) drug and alcohol abuse; or

(B) emotional or mental problems;

(4) provides education, if necessary, including:

(A) remedial programs;

(B) programs in preparation for an Indiana high school equivalency diploma under IC 22-4.1-18; or

(C) life skills;

(5) provides vocational assessment designed to evaluate a participant's skill level and aptitudes for vocational and technical skill development; and

(6) provides other evidence based programs designed to reduce recidivism.

(e) As used in this chapter, "regional holding facility agreement" means an agreement described in section 2 of this chapter.

As added by P.L.239-2019, SEC.11.

IC 11-12-6.5-2Terms included in the regional holding facility agreement Sec. 2. (a) Subject to the requirements of this chapter, a county sheriff may contract with the department to transfer a confined jail offender from the county jail to a regional holding facility established and operated by the department if the county jail is overcrowded.

(b) An agreement between the county sheriff and the department may be made under this chapter only if:

(1) the confined jail offender is serving a sentence for a Level 6 felony conviction; and

(2) the commissioner has agreed to accept custody of the confined jail offender under a court order or by order of the county sheriff.

(c) Whenever the county jail is no longer overcrowded, the department may return the confined jail offender from the regional holding facility to the county jail from which the confined jail offender was transferred.

As added by P.L.239-2019, SEC.11.

IC 11-12-6.5-3Transport of a confined jail offender Sec. 3. When a confined jail offender is transferred under this chapter, the sheriff of the county from which the confined jail offender is transferred shall be responsible for transporting the confined jail offender to and from the regional holding facility. If the sheriff is unable to adequately protect the confined jail offender during a transfer, the sheriff may request assistance from any other law enforcement agency.

As added by P.L.239-2019, SEC.11.

IC 11-12-6.5-4Costs of incarcerating a confined jail offender Sec. 4. The costs of incarcerating a confined jail offender under IC 35-38-3-3(f) shall be used to pay for the confined jail offender housed in either a regional holding facility or a county jail.

As added by P.L.239-2019, SEC.11.

IC 11-12-6.5-5Department report Sec. 5. (a) The department shall collect data and report the outcomes of the services provided under this chapter to the legislative council in an electronic format under IC 5-14-6 not later than November 1, 2022.

(b) The report shall include the following:

(1) The number of confined jail offenders served by a regional holding facility.

(2) The average length of time a confined jail offender spent in a regional holding facility.

(3) The number and type of services provided by the regional holding facility.

(4) The number of confined jail offenders demonstrating improvement in functioning, as defined by the department, while receiving treatment services in the regional holding facility.

(5) The number of confined jail offenders who did not recidivate.

(6) The number of confined jail offender who did recidivate.

(7) A summary description of the most effective service provided in the regional holding facility.

(8) The number of confined jail offenders arrested upon leaving the regional holding facility and the reason for the arrest, if known.

(9) Recommendations to improve the effectiveness and efficiency of the program.

As added by P.L.239-2019, SEC.11.

IC 11-12-6.5-6State comptroller report Sec. 6. The state comptroller shall semiannually provide to the department and the general assembly, in an electronic format under IC 5-14-6, an itemized record of the per diem and medical expense reimbursements received by a county under section 4 of this chapter.

As added by P.L.239-2019, SEC.11. Amended by P.L.9-2024, SEC.325.

IC 11-12-6.5-7Confined jail offender commissary or trust account; transfer Sec. 7. If a confined jail offender is transferred:

(1) from a county jail to a regional holding facility, the confined jail offender's commissary account or trust account shall be transferred to the department; or

(2) from a regional holding facility to a county jail, the confined jail offender's commissary account or trust account shall be transferred to the county jail.

As added by P.L.239-2019, SEC.11.

IC 11-12-6.5-8Regional holding facility agreement; standards Sec. 8. A regional holding facility agreement must include terms concerning the standards that will apply to the establishment and operation of a regional holding facility.

As added by P.L.239-2019, SEC.11.

IC 11-12-6.5-9Responsibilities of criminal justice institute Sec. 9. (a) The Indiana criminal justice institute shall identify any federal, state, or local grants that can be used to assist in the funding and operation of regional holding facilities.

(b) To obtain necessary funding for the establishment and operation of regional holding facilities, or to provide such services through contractual agreements with public and private agencies, the commissioner may accept gifts, grants, and subsidies from any lawful source and apply for and accept federal funds.

As added by P.L.239-2019, SEC.11.

IC 11-12-6.5-10Provisions supplement existing law Sec. 10. This chapter supplements and does not limit the authority of any entity to enter into an agreement under IC 11-12-5.5 concerning regional jails or IC 36-1-7 concerning regional or multicounty jails.

As added by P.L.239-2019, SEC.11.

IC 11-12-6.5-11Rulemaking authority Sec. 11. The department shall adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.239-2019, SEC.11.

IC 11-12-6.8Chapter 6.8. RepealedExpired 1-1-2020 by P.L.239-2019, SEC.12. Repealed by P.L.48-2020, SEC.2.

IC 11-12-7Chapter 7. Community Corrections Home Detention Fund

11-12-7-1Establishment of funds 11-12-7-2Contents of fund 11-12-7-3Budget; appropriation 11-12-7-4Reversion of funds