First Regular Session of the 124th General Assembly (2025)
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HOUSE ENROLLED ACT No. 1208
AN ACT to amend the Indiana Code concerning local government.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-11-14.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 14.5. Training for Sheriffs and Designated Personnel
for Oversight of Jail Commissary Funds
Sec. 1. As used in this chapter, "fund" refers to a jail
commissary fund established by IC 36-8-10-21.
Sec. 2. As used in this chapter, "sheriff's designee" refers to a
sheriff's designee, if applicable, who is responsible for the oversight
or administration of a fund.
Sec. 3. (a) The state board of accounts shall establish training
requirements for a county sheriff and the sheriff's designee
pertaining to the following:
(1) The proper use of forms prescribed by the state board of
accounts.
(2) The keeping of the records for the fund.
(3) Best practices for financial management of the fund.
(b) The state board of accounts may require the training
requirements to be completed annually or biennially. The training
may be fulfilled by:
(1) in-person training seminars;
(2) Internet based seminars;
HEA 1208 — Concur 2
(3) participation through video conferences; or
(4) other appropriate methods.
SECTION 2. IC 36-8-10-21, AS AMENDED BY P.L.216-2007,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 21. (a) This section applies to any county that has
a jail commissary that sells merchandise to inmates.
(b) A jail commissary fund is established, referred to in this section
as "the fund". The fund is separate from the general fund, and money
in the fund does not revert to the general fund.
(c) The sheriff, or the sheriff's designee, shall deposit all money
from commissary sales into the fund, which the sheriff or the sheriff's
designee shall keep in a depository designated under IC 5-13-8.
(d) The sheriff, or the sheriff's designee, at the sheriff's or the
sheriff's designee's discretion and without appropriation by the county
fiscal body, may disburse money from the fund for:
(1) merchandise for resale to inmates through the commissary;
(2) expenses of operating the commissary, including, but not
limited to, facilities and personnel;
(3) special training in law enforcement for employees of the
sheriff's department;
(4) equipment installed in the county jail;
(5) equipment, including vehicles and computers, computer
software, communication devices, office machinery and
furnishings, cameras and photographic equipment, animals,
animal training, holding and feeding equipment and supplies, or
attire used by an employee of the sheriff's department in the
course of the employee's official duties;
(6) an activity provided to maintain order and discipline among
the inmates of the county jail;
(7) an activity or program of the sheriff's department intended to
reduce or prevent occurrences of criminal activity, including the
following:
(A) Substance abuse.
(B) Child abuse.
(C) Domestic violence.
(D) Drinking and driving.
(E) Juvenile delinquency;
(8) expenses related to the establishment, operation, or
maintenance of the sex and violent offender registry web site
website under IC 36-2-13-5.5; or
(9) an audit or review of the fund by an independent certified
public accountant for years the fund is not included in an
HEA 1208 — Concur 3
audit under IC 5-11-1-24.4 or IC 5-11-1-25; or
(9) (10) any other purpose that benefits the sheriff's department
that is mutually agreed upon by the county fiscal body and the
county sheriff.
Money disbursed from the fund under this subsection must be
supplemental or in addition to, rather than a replacement for, regular
appropriations made to carry out the purposes listed in subdivisions (1)
through (8).
(e) The sheriff shall maintain a record of the fund's receipts and
disbursements. The state board of accounts shall prescribe the form for
this record. The sheriff shall semiannually provide a copy of this record
of receipts and disbursements to the county fiscal body The semiannual
reports are due on July 1 and December 31 of each year. not later than
the following dates:
(1) January 15, for the quarter ending December 31 of the
preceding year.
(2) April 15, for the quarter ending March 31 of a year.
(3) July 15, for the quarter ending June 30 of a year.
(4) October 15, for the quarter ending September 30 of a year.
HEA 1208 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1208 — Concur