Ind. Code ch. 11-12-4

Ind. Code ch. 11-12-4
in effect

Ind. Code § 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.

Ind. Code § 11-12-4-1 Adoption 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.

Ind. Code § 11-12-4-2 Inspection of county jails; notice of noncompliance with standards; petition for injunction; recommendation to convene grand jury; action by sheriff

Sec. 2. (a) The department shall inspect each county jail at least one (1) time each year to determine whether it is complying with the standards adopted under section 1 of this chapter. (b) If the department determines that a jail is not complying with the standards described in section 1(a)(1) through 1(a)(4) of this chapter, the commissioner shall give written notice of this determination to the county sheriff, the board of county commissioners, the prosecuting attorney, the circuit court, superior court, or probate court, and all courts having criminal or juvenile jurisdiction in that county. This notice must specify which standards are not being met and state the commissioner's recommendations regarding compliance. (c) If the department determines that a jail is not complying with standards described in section 1(a)(5) of this chapter, the commissioner shall give written notice of this determination to the county sheriff and the attorney general. (d) If after six (6) months from the date of the written notice issued under subsection (b), the department determines that the county is not making a good faith effort toward compliance with the standards specified in the notice, the commissioner may: (1) petition the circuit court, superior court, or probate court for an injunction prohibiting the confinement of persons in all or any part of the jail, or otherwise restricting the use of the jail; or (2) recommend, in writing, to the prosecuting attorney and each court with criminal or juvenile jurisdiction that a grand jury be convened to tour and examine the county jail under IC 35-34-2-11. (e) Upon receipt of notice by the commissioner under subsection (b) that the jail does not comply with standards adopted under section 1 of this chapter, the sheriff may bring an action in the circuit court, superior court, or probate court against the board of county commissioners or county council for appropriate mandatory or injunctive relief. As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.5-2002, SEC.1; P.L.84-2016, SEC.61; P.L.106-2026, SEC.13.

Ind. Code § 11-12-4-3 Rules for maintenance of order and discipline in county jail; requirements; disciplinary action

Sec. 3. The county sheriff shall adopt rules for the maintenance of order and discipline among persons committed to the county jail. These rules must describe the conduct for which disciplinary action may be imposed, the type of disciplinary action that may be taken, and the disciplinary procedure to be followed. The rules and possible disciplinary action must be made available to all persons committed to the county jail. The disciplinary action imposed must be proportionate to the seriousness of the violation. As added by Acts 1979, P.L.120, SEC.5.

Ind. Code § 11-12-4-4 Jail officer; necessity; training

Sec. 4. (a) As used in this section, "jail officer" means a person whose duties include the daily or ongoing supervision of county jail inmates. (b) A person may be confined in the county jail only if there is a jail officer stationed in the jail. (c) A jail officer whose employment begins after December 31, 1985, shall complete the training required by this section during the first year of employment. This subsection does not apply to a jail officer who: (1) has successfully completed minimum basic training requirements (other than training completed under IC 5-2-1-9(i)) for law enforcement officers established by the law enforcement training board; or (2) is a law enforcement officer and is exempt from the training requirements of IC 5-2-1. For purposes of this subdivision, completion of the training requirements of IC 5-2-1-9(i) does not exempt an officer from the minimum basic training requirements of IC 5-2-1. (d) The law enforcement training board shall develop a forty (40) hour program for the specialized training of jail officers. The program training must include six (6) hours of training in interacting with persons with mental illness, addictive disorders, intellectual disabilities, and developmental disabilities, to be provided by persons approved by the secretary of family and social services and the law enforcement training board. The remainder of the training shall be provided by the board. (e) The board shall certify each person who successfully completes such a training program. (f) The department shall pay the cost of training each jail officer. As added by P.L.153-1983, SEC.1. Amended by P.L.129-1985, SEC.1; P.L.30-1992, SEC.5; P.L.85-2004, SEC.43; P.L.117-2015, SEC.8; P.L.4-2017, SEC.2.

Ind. Code § 11-12-4-5 Construction; final plans and specifications; feasibility study and public hearing; review

Sec. 5. In addition to the approval required from the agencies listed under IC 36-1-12-10, all final plans and specifications for the construction of a county jail are subject to review by the department. Before construction may begin on a county jail: (1) the board of county commissioners shall submit the plans and specifications to the department; and (2) except as provided in IC 36-1-8-19(b), the county executive must prepare the feasibility study and hold the public hearing required by IC 36-1-8-19. As added by P.L.130-1985, SEC.1. Amended by P.L.184-2018, SEC.10.

Ind. Code § 11-12-4-6 Plans and specifications; review for minimum standards

Sec. 6. The department shall review plans and specifications submitted by a county under section 5 of this chapter to determine whether the new jail will meet the minimum standards adopted by the department under section 1 of this chapter. As added by P.L.130-1985, SEC.2.

Ind. Code § 11-12-4-7 Report to department of homeland security and county commissioners; contents

Sec. 7. After conducting the review required by section 6 of this chapter, the department shall send a copy of the department's report to the department of homeland security and make a public report to the board of county commissioners. In the report, the department shall evaluate whether the jail, if constructed according to the plans and specifications submitted to the department, meets the minimum standards adopted by the department under section 1 of this chapter. As added by P.L.130-1985, SEC.3. Amended by P.L.1-2006, SEC.182; P.L.187-2021, SEC.41.

Ind. Code § 11-12-4-8 Application of section; issuance of design release

Sec. 8. (a) This section does not apply to the approval of the plans and specifications for a county jail under IC 22-15-3 if the department has failed to submit its report under section 7 of this chapter to the department of homeland security within ten (10) regular working days of the date that the department received the plans and specifications from the board of county commissioners. (b) The department of homeland security may not issue a design release for a county jail under IC 22-15-3 until the department of homeland security receives the report of the department for that county jail under section 7 of this chapter. As added by P.L.130-1985, SEC.4. Amended by P.L.245-1987, SEC.10; P.L.1-2006, SEC.183; P.L.187-2021, SEC.42.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/11Fetched: 10/17/2026

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