*SB0420.2*
Reprinted
February 14, 2025
SENATE BILL No. 420
_____
DIGEST OF SB 420 (Updated February 13, 2025 3:58 pm - DI 106)
Citations Affected: IC 35-33; IC 36-2.
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, Koch, Glick,
Ford J.D., Randolph Lonnie M
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
February 4, 2025, reported favorably — Do Pass.
February 13, 2025, read second time, amended, ordered engrossed.
SB 420—LS 7384/DI 106 Reprinted
February 14, 2025
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
SB 420—LS 7384/DI 106 2
1 provided that space is available. For the purpose of this chapter,
2 (a) An inmate who is confined in a county jail before sentencing
3 may be transferred to the custody of another county jail or the
4 department of correction in accordance with this chapter.
5 However, an inmate is not considered in danger of serious bodily
6 injury or death may not be transferred under this chapter due to an
7 mental illness or other another medical condition requiring the
8 administration of health care services under IC 11-12-5 and
9 IC 36-2-13.
10 (b) If a sheriff, prosecuting attorney, inmate, or inmate's
11 attorney has reason to believe that the inmate:
12 (1) poses a serious risk of escape;
13 (2) demonstrates violent or aggressive behavior that poses a
14 substantial threat to the inmate, another inmate, or staff; or
15 (3) needs to be protected from another inmate and is in
16 imminent danger of serious bodily injury or death;
17 that person may submit a written request to another sheriff or to
18 the commissioner of the department of correction for the inmate's
19 transfer to another jail or to the department of correction. The
20 written request must set forth the basis for the person's belief that
21 a circumstance described in subdivisions (1) through (3) exists.
22 (c) Not later than forty-eight (48) hours after receipt of the
23 written request submitted under subsection (b), the:
24 (1) sheriff to whom the request was submitted; or
25 (2) commissioner of the department of correction;
26 shall approve or deny the request. If the sheriff or commissioner
27 denies the request, the sheriff or commissioner must provide a
28 justification for the denial in writing.
29 (d) If the sheriff or commissioner of the department of
30 correction approves the request for transfer, the person who
31 submitted the request for transfer shall file a petition with the
32 appropriate court:
33 (1) describing the basis under subsection (b)(1) through (b)(3)
34 for the transfer; and
35 (2) requesting an order to transfer the inmate to the custody
36 of another county jail (if the county jail approved the
37 transfer) or the department of correction (if the commissioner
38 approved the transfer).
39 The person shall attach a written copy of the approved request to
40 the petition.
41 (e) If the request for transfer is denied, the person who
42 submitted the request for transfer may file a petition with an
SB 420—LS 7384/DI 106 3
1 appropriate court seeking transfer of the inmate to:
2 (1) the county jail that denied the transfer request;
3 (2) another county jail; or
4 (3) the department of correction.
5 (f) A petition filed under subsection (e) must include:
6 (1) a copy of the original request for transfer;
7 (2) a copy of the denial of transfer and of the justification for
8 the denial from the sheriff or commissioner of the department
9 of correction, as applicable;
10 (3) the basis under subsection (b)(1) through (b)(3) for the
11 transfer; and
12 (4) an explanation of why the transfer is necessary.
13 (g) If the court finds by clear and convincing evidence that:
14 (1) a basis for transfer under subsection (b)(1) through (b)(3)
15 exists; and
16 (2) the transfer is necessary;
17 the court may order the inmate transferred to a county jail, if the
18 sheriff agrees to accept the inmate, or to an appropriate facility of
19 the department of correction, as designated by the commissioner.
20 The department of correction has exclusive authority over the
21 placement of an individual who is transferred into departmental
22 custody under this section.
23 (h) The county from which the inmate is transferred shall pay
24 a per diem consisting of the average daily cost of housing the
25 inmate at the facility to which the inmate has been transferred.
26 Except as provided in subsection (i), the county from which the
27 inmate was transferred shall also reimburse the receiving facility
28 for any additional costs incurred as a direct result of the
29 confinement of the inmate for the duration of the transfer order,
30 including personnel costs and the costs of health care, transport,
31 and other costs incurred as a direct result of the confinement.
32 (i) If the inmate is transferred to the department of correction,
33 the county shall reimburse the department of correction for
34 marginal health care costs, transportation costs, and
35 corresponding personnel costs for the duration of the transfer
36 order.
37 SECTION 2. IC 35-33-11-2 IS AMENDED TO READ AS
38 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. The inmate or
39 receiving authority is entitled to a posttransfer hearing upon request.
40 The inmate may refuse a transfer if the only issue is his personal safety.
41 (a) At any time after the issuance of an order transferring an
42 inmate under this chapter:
SB 420—LS 7384/DI 106 4
1 (1) a sheriff;
2 (2) the prosecuting attorney;
3 (3) the inmate or inmate's attorney; or
4 (4) the department of correction;
5 may file a motion with the court for review of the order to
6 determine whether the conditions described in section 1(b) of this
7 chapter no longer exist, or if any other circumstances require
8 termination of the order. The court shall hold a hearing on the
9 motion and issue an order confirming or terminating the
10 placement of the inmate.
11 (b) If at any other time the court finds that the circumstances
12 which necessitated a transfer under this chapter no longer exist, it
13 shall order the sheriff to return the inmate to the county jail from
14 which the inmate was transferred.
15 SECTION 3. IC 35-33-11-4 IS REPEALED [EFFECTIVE JULY 1,
16 2025]. Sec. 4. Whenever the court finds that the circumstances which
17 necessitated a transfer under this chapter no longer exist, it shall order
18 the sheriff to return the inmate to the county jail from which he was
19 transferred.
20 SECTION 4. IC 35-33-11-5 IS AMENDED TO READ AS
21 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. When an inmate is
22 transferred under this chapter, The sheriff of the county from which the
23 inmate is was originally transferred shall be is responsible for
24 transporting the inmates inmate to and from the any other facility for
25 the duration of the court order issued under section 1 of this
26 chapter. If the sheriff is unable to adequately protect the inmate during
27 the transfer, the sheriff or the court may request assistance from any
28 other law enforcement agency. The county which transfers an inmate
29 shall pay:
30 (1) a per diem of the average daily cost of housing a prisoner at
31 the facility to which the inmate has been assigned; and
32 (2) any additional costs reasonably necessary to maintain the
33 health and welfare of a transferred inmate.
34 SECTION 5. IC 36-2-13-15, AS AMENDED BY P.L.114-2012,
35 SECTION 147, IS AMENDED TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) As used in this section,
37 "lawful detention" has the meaning set forth in IC 35-31.5-2-186.
38 (b) This section applies to a county only if the legislative body for
39 the county elects by ordinance to implement this section.
40 (c) A person who is:
41 (1) sentenced under this article for a felony or a misdemeanor;
42 (2) subject to lawful detention in a county jail for a period of more
SB 420—LS 7384/DI 106 5
1 than seventy-two (72) hours;
2 (3) not a member of a family that makes less than one hundred
3 fifty percent (150%) of the federal income poverty level; and
4 (4) not detained as a child subject to the jurisdiction of a juvenile
5 court;
6 shall reimburse the county for the costs described in subsection (d).
7 (d) A person described in subsection (c) shall reimburse the county
8 for the sum of the following amounts:
9 (1) The lesser of:
10 (A) the per diem amount specified under subsection (e); or
11 (B) thirty dollars ($30);
12 multiplied by each day or part of a day that the person is lawfully
13 detained in a county jail or lawfully detained under IC 35-33-11-3
14 for more than six (6) hours.
15 (2) The direct cost of investigating whether the person is indigent.
16 (3) The cost of collecting the amount for which the person is
17 liable under this section.
18 (e) The county fiscal body shall fix the per diem described in
19 subsection (d)(1)(A) in an amount that is reasonably related to the
20 average daily cost of housing a person in the county jail. If the county
21 transfers the person to another county or the department of correction
22 under IC 35-33-11-3, the per diem is equal to the per diem charged to
23 the county under IC 35-33-11-5. IC 35-33-11-1.
24 (f) The county sheriff shall collect the amounts due from a person
25 under this section in conformity with the procedures specified in the
26 ordinance adopted under subsection (b). If the county sheriff does not
27 collect the amount due to the county, the county attorney may collect
28 the amount due.
29 SECTION 6. IC 36-2-13-15.3, AS AMENDED BY P.L.114-2012,
30 SECTION 148, IS AMENDED TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2025]: Sec. 15.3. (a) As used in this section,
32 "lawful detention" has the meaning set forth in IC 35-31.5-2-186.
33 (b) This section applies only:
34 (1) to a county having a population of less than seven thousand
35 (7,000); and
36 (2) if the legislative body for the county elects by ordinance to
37 implement this section.
38 (c) A person who is:
39 (1) sentenced under this article for a felony or a misdemeanor;
40 (2) subject to lawful detention in a county jail for a period of more
41 than six (6) hours;
42 (3) not a member of a family that makes less than one hundred
SB 420—LS 7384/DI 106 6
1 fifty percent (150%) of the federal income poverty level; and
2 (4) not detained as a child subject to the jurisdiction of a juvenile
3 court;
4 shall reimburse the county for the costs described in subsection (d).
5 (d) A person described in subsection (c) shall reimburse the county
6 for the sum of the following amounts:
7 (1) The lesser of:
8 (A) the per diem amount specified under subsection (e); or
9 (B) fifty dollars ($50);
10 multiplied by each day or part of a day that the person is lawfully
11 detained in a county jail or lawfully detained under IC 35-33-11-3
12 for more than six (6) hours.
13 (2) The direct cost of investigating whether the person is indigent.
14 (3) The cost of collecting the amount for which the person is
15 liable under this section.
16 (e) The county fiscal body shall fix the per diem described in
17 subsection (d)(1)(A) in an amount that is reasonably related to the
18 average daily cost of housing a person in the county jail. If the county
19 transfers the person to another county or the department of correction
20 under IC 35-33-11-3, the per diem is equal to the per diem charged to
21 the county under IC 35-33-11-5. IC 35-33-11-1.
22 (f) The county sheriff shall collect the amounts due from a person
23 under this section in conformity with the procedures specified in the
24 ordinance adopted under subsection (b). If the county sheriff does not
25 collect the amount due to the county, the county attorney may collect
26 the amount due.
SB 420—LS 7384/DI 106 7
COMMITTEE REPORT
Mr. President: The Senate Committee on Corrections and Criminal
Law, to which was referred Senate Bill No. 420, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to SB 420 as introduced.)
FREEMAN, Chairperson
Committee Vote: Yeas 8, Nays 0
_____
SENATE MOTION
Mr. President: I move that Senate Bill 420 be amended to read as
follows:
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 35-33-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. Upon motion by the:
(1) sheriff;
(2) prosecuting attorney;
(3) defendant or his counsel;
(4) attorney general; or
(5) court;
alleging that an inmate in a county jail awaiting trial is in danger of
serious bodily injury or death or represents a substantial threat to the
safety of others, the court shall determine whether the inmate is in
imminent danger of serious bodily injury or death, or represents a
substantial threat to the safety of others. If the court finds that the
inmate is in danger of serious bodily injury or death or represents a
substantial threat to the safety of others, it shall order the sheriff to
transfer the inmate to another county jail or to a facility of the
department of correction designated by the commissioner of the
department as suitable for the confinement of that prisoner and
provided that space is available. For the purpose of this chapter,
(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 is not considered in danger of serious bodily
injury or death may not be transferred under this chapter due to an
mental illness or other another medical condition requiring the
SB 420—LS 7384/DI 106 8
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
SB 420—LS 7384/DI 106 9
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.".
Delete page 2.
Page 3, delete lines 1 through 26.
Page 3, delete lines 31 through 33.
Page 3, line 34, delete "(b)" and insert "(a)".
Page 3, line 41, delete "1(a)(1)" and insert "1(b)".
Page 4, line 4, delete "(c)" and insert "(b)".
(Reference is to SB 420 as printed February 5, 2025.)
CLARK
SB 420—LS 7384/DI 106