Ind. Code ch. 10-16-8

in effect

Ind. Code § 10-16-8-1 Organization

Sec. 1. (a) To supplement the Indiana national guard, the governor may organize and maintain within Indiana military forces the governor considers necessary to support Indiana if any part of the Indiana national guard is in active federal service or is engaged in state active duty. (b) The Indiana guard reserve shall be composed of able bodied citizens who volunteer for service. (c) These forces: (1) are additional to and distinct from the Indiana national guard; and (2) shall be known as the Indiana guard reserve. The members of the Indiana guard reserve may be uniformed pursuant to regulation or policy established by the adjutant general. [Pre-2003 Recodification Citation: 10-2-8-1.] As added by P.L.2-2003, SEC.7. Amended by P.L.170-2022, SEC.4.

Ind. Code § 10-16-8-2 Rules and regulations

Sec. 2. (a) The adjutant general may adopt rules, policies, and regulations not inconsistent with this chapter governing the organization, administration, equipment, maintenance, training, and discipline of members of the Indiana guard reserve. (b) The adjutant general is designated as the commanding officer of the Indiana guard reserve, and the Indiana guard reserve shall operate in a similar fashion to other national guard units or directorates under the adjutant general's command. The administration of the Indiana guard reserve shall be in the adjutant general's office. (c) The adjutant general shall establish an appropriate internal structure and organization of the Indiana guard reserve that is consistent with the needs of the Indiana national guard and the size and capabilities of the Indiana guard reserve. (d) The adjutant general shall establish a process or procedure that provides for the promotion, demotion, and discipline of citizens who volunteer for the Indiana guard reserve. This process shall not be inconsistent with the process and procedure developed and used by the Indiana national guard for its members. However, volunteers with the Indiana guard reserve are not: (1) subject to military court-martial procedures under IC 10-16-9; or (2) covered by immunity protections under IC 10-16-7-7. (e) Volunteers with the Indiana guard reserve shall respond to calls for voluntary service as established by the Indiana national guard. (f) The Indiana guard reserve shall not be placed on state active duty under IC 10-16-7. (g) The adjutant general retains final command authority over the Indiana guard reserve. However, the adjutant general may delegate operational and administrative control of the Indiana guard reserve to subordinate directorates within the Indiana national guard or the adjutant general's office that the adjutant general deems necessary and prudent for efficient operations. (h) Upon recommendation of the adjutant general, the governor may disband the Indiana guard reserve. [Pre-2003 Recodification Citation: 10-2-8-2.] As added by P.L.2-2003, SEC.7. Amended by P.L.170-2022, SEC.5.

Ind. Code § 10-16-8-3 Payment of expenses

Sec. 3. The adjutant general shall determine and pay for administration, operation, training, and all expenses incidental to administration, operation, and training that are incurred in carrying out this chapter. [Pre-2003 Recodification Citation: 10-2-8-3.] As added by P.L.2-2003, SEC.7.

Ind. Code § 10-16-8-4 Requisitions; use of public buildings and property

Sec. 4. (a) The state armory board shall make available the facilities of state armories and their equipment and other state premises and property as may be available. (b) School authorities may allow the use of school buildings and school grounds by the Indiana guard reserve, on the terms and conditions set out by the adjutant general. [Pre-2003 Recodification Citation: 10-2-8-4.] As added by P.L.2-2003, SEC.7. Amended by P.L.170-2022, SEC.6.

Ind. Code § 10-16-8-5 Repealed

[Pre-2003 Recodification Citation: 10-2-8-5.] As added by P.L.2-2003, SEC.7. Repealed by P.L.170-2022, SEC.7.

Ind. Code § 10-16-8-6 Military forces of foreign states; pursuit into state

Sec. 6. (a) Military forces, organizations, units, or detachments of another state that are in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces may continue the pursuit into Indiana until the military or police forces of Indiana or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture the insurrectionists, saboteurs, enemies, or enemy forces. (b) Military forces, organizations, units, or detachments of another state may arrest or capture insurrectionists, saboteurs, enemies, or enemy forces within Indiana while in fresh pursuit. A person who is captured or arrested by the military forces of the other state while in Indiana shall without unnecessary delay be surrendered to the military or police forces of Indiana to be dealt with according to law. (c) This section may not be construed to make unlawful any arrest in Indiana that would otherwise be lawful. This section does not repeal any provision of IC 35-33-3. [Pre-2003 Recodification Citation: 10-2-8-6.] As added by P.L.2-2003, SEC.7.

Ind. Code § 10-16-8-7 Drafts for military service of United States; exemptions

Sec. 7. This chapter may not be construed to authorize the Indiana guard reserve or any part of the Indiana guard reserve to be called, ordered, or in any manner drafted into the military services of the United States. However, a person may not, by reason of the person's enlistment or commission in the Indiana guard reserve, be exempted from United States military service required under any law of the United States. [Pre-2003 Recodification Citation: 10-2-8-7.] As added by P.L.2-2003, SEC.7.

Ind. Code § 10-16-8-8 Civil organizations; enlistment as unit

Sec. 8. A civil organization, a society, a club, a post, an order, a fraternity, an association, a brotherhood, a body, a union, a league, or any other combination of persons or civil groups may not be enlisted in the Indiana guard reserve as an organization or unit. [Pre-2003 Recodification Citation: 10-2-8-8.] As added by P.L.2-2003, SEC.7.

Ind. Code § 10-16-8-9 Qualifications; citizenship; dishonorable discharge from military organizations

Sec. 9. A person may not be commissioned or enlisted in the Indiana guard reserve if the person is not a citizen of the United States or if the person has been expelled or dishonorably discharged from any military or naval organization of this state, of another state, or of the United States. [Pre-2003 Recodification Citation: 10-2-8-9.] As added by P.L.2-2003, SEC.7.

Ind. Code § 10-16-8-10 Oath of officers

Sec. 10. The oath to be taken by officers commissioned in the Indiana guard reserve shall be substantially in the form prescribed for officers of the national guard, substituting the words "Indiana guard reserve" where necessary. [Pre-2003 Recodification Citation: 10-2-8-10.] As added by P.L.2-2003, SEC.7.

Ind. Code § 10-16-8-11 Term of enlistment; oath of enlisted persons

Sec. 11. A person may not be enlisted for more than three (3) years. However, an enlistment may be renewed. The oath to be taken upon enlistment in the Indiana guard reserve shall be substantially in the form prescribed for enlisted persons of the national guard, substituting the words "Indiana guard reserve" where necessary. [Pre-2003 Recodification Citation: 10-2-8-11.] As added by P.L.2-2003, SEC.7.

Ind. Code § 10-16-8-12 Orders; arrest of volunteers

Sec. 12. (a) If the Indiana guard reserve or any part of the Indiana guard reserve is requested to provide voluntary service, the members of the Indiana guard reserve shall follow the orders and guidance of the Indiana national guard's chain of command and the rules and regulations adopted by the adjutant general under section 2 of this chapter regarding the discipline of members of the Indiana guard reserve. (b) A volunteer responding to a call to voluntary service with the Indiana guard reserve may not be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from a place where requested to attend for voluntary service with the state. A volunteer of the Indiana guard reserve is, during the service in the Indiana guard reserve, exempt from service upon any posse comitatus. [Pre-2003 Recodification Citation: 10-2-8-12.] As added by P.L.2-2003, SEC.7. Amended by P.L.170-2022, SEC.8.

Ind. Code § 10-16-8-13 Group insurance

Sec. 13. The adjutant general of Indiana, with the approval of the governor and subject to the availability of funds, may procure a policy of group insurance for and covering members of the Indiana guard reserve covering and insuring against any injury received or had by members from any accident while actively providing voluntary service to the state. [Pre-2003 Recodification Citation: 10-2-8-14.] As added by P.L.2-2003, SEC.7. Amended by P.L.170-2022, SEC.9.

Ind. Code § 10-16-8-14 Repealed

[Pre-2003 Recodification Citation: 10-2-8-15.] As added by P.L.2-2003, SEC.7. Repealed by P.L.170-2022, SEC.10.

Ind. Code § 10-16-8-15 Racial group; proportional representation; segregation prohibited

Sec. 15. (a) Adequate provisions shall be made to allow the enlistment and induction of able bodied citizens of each and all racial groups in Indiana into all branches and departments of the Indiana guard reserve organized to defend and enforce the laws of Indiana. To that end, all racial groups in Indiana are entitled to that representation in each branch or department of the Indiana guard reserve in approximate proportion to the group or groups to the population of Indiana. However, this section or any other statute may not be construed so as to allow racial segregation. (b) Race or color may not be a cause for excluding the application to serve or the service of any person in any branch of service provided for in this chapter. [Pre-2003 Recodification Citation: 10-2-8-16.] As added by P.L.2-2003, SEC.7.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/10Fetched: 10/17/2026