Ind. Code § 35-33-11-1 Emergency transfer of certain county jail inmates
Sec. 1. (a) An inmate who is confined in a county jail before sentencing may be transferred to the custody of another county jail or the department of correction in accordance with this chapter. However, an inmate may not be transferred under this chapter due to mental illness or another medical condition requiring the administration of health care services under IC 11-12-5 and IC 36-2-13.
(b) If a sheriff, prosecuting attorney, inmate, or inmate's attorney has reason to believe that the inmate:
(1) poses a serious risk of escape;
(2) demonstrates violent or aggressive behavior that poses a substantial threat to the inmate, another inmate, or staff; or
(3) needs to be protected from another inmate and is in imminent danger of serious bodily injury or death;
that person may submit a written request to another sheriff or to the commissioner of the department of correction for the inmate's transfer to another jail or to the department of correction. The written request must set forth the basis for the person's belief that a circumstance described in subdivisions (1) through (3) exists.
(c) Not later than forty-eight (48) hours after receipt of the written request submitted under subsection (b), the:
(1) sheriff to whom the request was submitted; or
(2) commissioner of the department of correction;
shall approve or deny the request. If the sheriff or commissioner denies the request, the sheriff or commissioner must provide a justification for the denial in writing.
(d) If the sheriff or commissioner of the department of correction approves the request for transfer, the person who submitted the request for transfer shall file a petition with the appropriate court:
(1) describing the basis under subsection (b)(1) through (b)(3) for the transfer; and
(2) requesting an order to transfer the inmate to the custody of another county jail (if the county jail approved the transfer) or the department of correction (if the commissioner approved the transfer).
The person shall attach a written copy of the approved request to the petition.
(e) If the request for transfer is denied, the person who submitted the request for transfer may file a petition with an appropriate court seeking transfer of the inmate to:
(1) the county jail that denied the transfer request;
(2) another county jail; or
(3) the department of correction.
(f) A petition filed under subsection (e) must include:
(1) a copy of the original request for transfer;
(2) a copy of the denial of transfer and of the justification for the denial from the sheriff or commissioner of the department of correction, as applicable;
(3) the basis under subsection (b)(1) through (b)(3) for the transfer; and
(4) an explanation of why the transfer is necessary.
(g) If the court finds by clear and convincing evidence that:
(1) a basis for transfer under subsection (b)(1) through (b)(3) exists; and
(2) the transfer is necessary;
the court may order the inmate transferred to a county jail, if the sheriff agrees to accept the inmate, or to an appropriate facility of the department of correction, as designated by the commissioner. The department of correction has exclusive authority over the placement of an individual who is transferred into departmental custody under this section.
(h) The county from which the inmate is transferred shall pay a per diem consisting of the average daily cost of housing the inmate at the facility to which the inmate has been transferred. Except as provided in subsection (i), the county from which the inmate was transferred shall also reimburse the receiving facility for any additional costs incurred as a direct result of the confinement of the inmate for the duration of the transfer order, including personnel costs and the costs of health care, transport, and other costs incurred as a direct result of the confinement.
(i) If the inmate is transferred to the department of correction, the county shall reimburse the department of correction for marginal health care costs, transportation costs, and corresponding personnel costs for the duration of the transfer order.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.110-2025, SEC.1.