Introduced Version
SENATE BILL No. 420
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-33-11; IC 36-2-13.
Synopsis: Transfer of high risk persons from county jail. Establishes
a procedure for the transfer of an inmate from a county jail to another
county jail or the department of correction if the inmate: (1) poses a
serious risk of escape; (2) demonstrates violent or aggressive behavior;
or (3) needs to be protected from other inmates.
Effective: July 1, 2025.
Carrasco, Clark
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 420—LS 7384/DI 106 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 420
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-33-11-1 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. Upon motion by the:
3 (1) sheriff;
4 (2) prosecuting attorney;
5 (3) defendant or his counsel;
6 (4) attorney general; or
7 (5) court;
8 alleging that an inmate in a county jail awaiting trial is in danger of
9 serious bodily injury or death or represents a substantial threat to the
10 safety of others, the court shall determine whether the inmate is in
11 imminent danger of serious bodily injury or death, or represents a
12 substantial threat to the safety of others. If the court finds that the
13 inmate is in danger of serious bodily injury or death or represents a
14 substantial threat to the safety of others, it shall order the sheriff to
15 transfer the inmate to another county jail or to a facility of the
16 department of correction designated by the commissioner of the
17 department as suitable for the confinement of that prisoner and
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1 provided that space is available.
2 (a) Subject to the requirements of this chapter, an inmate who
3 is confined in a county jail before sentencing may be transferred
4 into the custody of another county jail or the department of
5 correction if:
6 (1) the inmate:
7 (A) poses a serious risk of escape;
8 (B) demonstrates violent or aggressive behavior that poses
9 a substantial threat to the inmate, another inmate, or staff;
10 or
11 (C) needs to be protected from another inmate and is in
12 imminent danger of serious bodily injury or death; and
13 (2) a court finds that the inmate cannot reasonably be
14 confined in the county jail.
15 For the purpose of this chapter, An inmate is not considered in danger
16 of serious bodily injury or death may not be transferred under this
17 chapter due to an mental illness or other another medical condition
18 requiring the administration of health care services under
19 IC 11-12-5 and IC 36-2-13.
20 (b) Upon a preliminary determination that an inmate meets one
21 (1) or more of the conditions described in subsection (a)(1), the:
22 (1) sheriff;
23 (2) prosecuting attorney; or
24 (3) inmate or inmate's attorney;
25 may submit a written request to another sheriff or to the
26 commissioner of the department of correction for the inmate's
27 transfer. The request must set forth a factual basis for the
28 preliminary determination made under this subsection.
29 (c) Not later than forty-eight (48) hours after receipt of the
30 written request submitted under subsection (b), the:
31 (1) sheriff to whom the request was submitted; or
32 (2) commissioner of the department of correction;
33 shall approve or deny the request and provide a justification in
34 writing.
35 (d) Upon receipt of the approval or denial issued under
36 subsection (c), the:
37 (1) sheriff;
38 (2) prosecuting attorney; or
39 (3) inmate or inmate's attorney;
40 may file a motion with the court describing the conditions set forth
41 in subsection (a)(1) and requesting an order transferring the
42 inmate to the custody of another county jail or the department of
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1 correction. The motion must include the approval or denial issued
2 under subsection (c).
3 (e) If the court finds by clear and convincing evidence that the
4 conditions described in subsection (a)(1) exist, the court may order
5 the sheriff to transfer the inmate:
6 (1) to another county jail; or
7 (2) to a facility of the department of correction designated by
8 the commissioner of the department as suitable for the
9 confinement of the inmate.
10 The department of correction has exclusive authority over the
11 placement of an individual who is transferred into departmental
12 custody under this section.
13 (f) The county from which the inmate is transferred shall pay a
14 per diem consisting of the average daily cost of housing the inmate
15 at the facility to which the inmate has been transferred. Except as
16 provided in subsection (g), the county from which the inmate was
17 transferred shall also reimburse the receiving facility for any
18 additional costs incurred as a direct result of the confinement of
19 the inmate for the duration of the transfer order, including
20 personnel costs and the costs of health care, transport, and other
21 costs incurred as a direct result of the confinement.
22 (g) If the inmate is transferred to the department of correction,
23 the county shall reimburse the department of correction for
24 marginal health care costs, transportation costs, and
25 corresponding personnel costs for the duration of the transfer
26 order.
27 SECTION 2. IC 35-33-11-2 IS AMENDED TO READ AS
28 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. The inmate or
29 receiving authority is entitled to a posttransfer hearing upon request.
30 The inmate may refuse a transfer if the only issue is his personal safety.
31 (a) An inmate may refuse transfer to another county jail or the
32 department of correction if the transfer order is based solely on a
33 finding under section 1(a)(1)(C) of this chapter.
34 (b) At any time after the issuance of an order transferring an
35 inmate under this chapter:
36 (1) a sheriff;
37 (2) the prosecuting attorney;
38 (3) the inmate or inmate's attorney; or
39 (4) the department of correction;
40 may file a motion with the court for review of the order to
41 determine whether the conditions described in section 1(a)(1) of
42 this chapter no longer exist, or if any other circumstances require
2025 IN 420—LS 7384/DI 106 4
1 termination of the order. The court shall hold a hearing on the
2 motion and issue an order confirming or terminating the
3 placement of the inmate.
4 (c) If at any other time the court finds that the circumstances
5 which necessitated a transfer under this chapter no longer exist, it
6 shall order the sheriff to return the inmate to the county jail from
7 which the inmate was transferred.
8 SECTION 3. IC 35-33-11-4 IS REPEALED [EFFECTIVE JULY 1,
9 2025]. Sec. 4. Whenever the court finds that the circumstances which
10 necessitated a transfer under this chapter no longer exist, it shall order
11 the sheriff to return the inmate to the county jail from which he was
12 transferred.
13 SECTION 4. IC 35-33-11-5 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. When an inmate is
15 transferred under this chapter, The sheriff of the county from which the
16 inmate is was originally transferred shall be is responsible for
17 transporting the inmates inmate to and from the any other facility for
18 the duration of the court order issued under section 1 of this
19 chapter. If the sheriff is unable to adequately protect the inmate during
20 the transfer, the sheriff or the court may request assistance from any
21 other law enforcement agency. The county which transfers an inmate
22 shall pay:
23 (1) a per diem of the average daily cost of housing a prisoner at
24 the facility to which the inmate has been assigned; and
25 (2) any additional costs reasonably necessary to maintain the
26 health and welfare of a transferred inmate.
27 SECTION 5. IC 36-2-13-15, AS AMENDED BY P.L.114-2012,
28 SECTION 147, IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) As used in this section,
30 "lawful detention" has the meaning set forth in IC 35-31.5-2-186.
31 (b) This section applies to a county only if the legislative body for
32 the county elects by ordinance to implement this section.
33 (c) A person who is:
34 (1) sentenced under this article for a felony or a misdemeanor;
35 (2) subject to lawful detention in a county jail for a period of more
36 than seventy-two (72) hours;
37 (3) not a member of a family that makes less than one hundred
38 fifty percent (150%) of the federal income poverty level; and
39 (4) not detained as a child subject to the jurisdiction of a juvenile
40 court;
41 shall reimburse the county for the costs described in subsection (d).
42 (d) A person described in subsection (c) shall reimburse the county
2025 IN 420—LS 7384/DI 106 5
1 for the sum of the following amounts:
2 (1) The lesser of:
3 (A) the per diem amount specified under subsection (e); or
4 (B) thirty dollars ($30);
5 multiplied by each day or part of a day that the person is lawfully
6 detained in a county jail or lawfully detained under IC 35-33-11-3
7 for more than six (6) hours.
8 (2) The direct cost of investigating whether the person is indigent.
9 (3) The cost of collecting the amount for which the person is
10 liable under this section.
11 (e) The county fiscal body shall fix the per diem described in
12 subsection (d)(1)(A) in an amount that is reasonably related to the
13 average daily cost of housing a person in the county jail. If the county
14 transfers the person to another county or the department of correction
15 under IC 35-33-11-3, the per diem is equal to the per diem charged to
16 the county under IC 35-33-11-5. IC 35-33-11-1.
17 (f) The county sheriff shall collect the amounts due from a person
18 under this section in conformity with the procedures specified in the
19 ordinance adopted under subsection (b). If the county sheriff does not
20 collect the amount due to the county, the county attorney may collect
21 the amount due.
22 SECTION 6. IC 36-2-13-15.3, AS AMENDED BY P.L.114-2012,
23 SECTION 148, IS AMENDED TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2025]: Sec. 15.3. (a) As used in this section,
25 "lawful detention" has the meaning set forth in IC 35-31.5-2-186.
26 (b) This section applies only:
27 (1) to a county having a population of less than seven thousand
28 (7,000); and
29 (2) if the legislative body for the county elects by ordinance to
30 implement this section.
31 (c) A person who is:
32 (1) sentenced under this article for a felony or a misdemeanor;
33 (2) subject to lawful detention in a county jail for a period of more
34 than six (6) hours;
35 (3) not a member of a family that makes less than one hundred
36 fifty percent (150%) of the federal income poverty level; and
37 (4) not detained as a child subject to the jurisdiction of a juvenile
38 court;
39 shall reimburse the county for the costs described in subsection (d).
40 (d) A person described in subsection (c) shall reimburse the county
41 for the sum of the following amounts:
42 (1) The lesser of:
2025 IN 420—LS 7384/DI 106 6
1 (A) the per diem amount specified under subsection (e); or
2 (B) fifty dollars ($50);
3 multiplied by each day or part of a day that the person is lawfully
4 detained in a county jail or lawfully detained under IC 35-33-11-3
5 for more than six (6) hours.
6 (2) The direct cost of investigating whether the person is indigent.
7 (3) The cost of collecting the amount for which the person is
8 liable under this section.
9 (e) The county fiscal body shall fix the per diem described in
10 subsection (d)(1)(A) in an amount that is reasonably related to the
11 average daily cost of housing a person in the county jail. If the county
12 transfers the person to another county or the department of correction
13 under IC 35-33-11-3, the per diem is equal to the per diem charged to
14 the county under IC 35-33-11-5. IC 35-33-11-1.
15 (f) The county sheriff shall collect the amounts due from a person
16 under this section in conformity with the procedures specified in the
17 ordinance adopted under subsection (b). If the county sheriff does not
18 collect the amount due to the county, the county attorney may collect
19 the amount due.
2025 IN 420—LS 7384/DI 106