First Regular Session of the 124th General Assembly (2025)
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 420
AN ACT to amend the Indiana Code concerning corrections.
Be it enacted by the General Assembly of the State of Indiana:
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
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injury or death may not be transferred under this chapter due to an
mental illness or other 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:
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(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.
SECTION 2. IC 35-33-11-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. The inmate or
receiving authority is entitled to a posttransfer hearing upon request.
The inmate may refuse a transfer if the only issue is his personal safety.
(a) At any time after the issuance of an order transferring an
inmate under this chapter:
(1) a sheriff;
(2) the prosecuting attorney;
(3) the inmate or inmate's attorney; or
(4) the department of correction;
may file a motion with the court for review of the order to
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determine whether the conditions described in section 1(b) of this
chapter no longer exist, or if any other circumstances require
termination of the order. The court shall hold a hearing on the
motion and issue an order confirming or terminating the
placement of the inmate.
(b) If at any other time the court finds that the circumstances
which necessitated a transfer under this chapter no longer exist, it
shall order the sheriff to return the inmate to the county jail from
which the inmate was transferred.
SECTION 3. IC 35-33-11-4 IS REPEALED [EFFECTIVE JULY 1,
2025]. Sec. 4. Whenever the court finds that the circumstances which
necessitated a transfer under this chapter no longer exist, it shall order
the sheriff to return the inmate to the county jail from which he was
transferred.
SECTION 4. IC 35-33-11-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. When an inmate is
transferred under this chapter, The sheriff of the county from which the
inmate is was originally transferred shall be is responsible for
transporting the inmates inmate to and from the any other facility for
the duration of the court order issued under section 1 of this
chapter. If the sheriff is unable to adequately protect the inmate during
the transfer, the sheriff or the court may request assistance from any
other law enforcement agency. The county which transfers an inmate
shall pay:
(1) a per diem of the average daily cost of housing a prisoner at
the facility to which the inmate has been assigned; and
(2) any additional costs reasonably necessary to maintain the
health and welfare of a transferred inmate.
SECTION 5. IC 36-2-13-15, AS AMENDED BY P.L.114-2012,
SECTION 147, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 15. (a) As used in this section,
"lawful detention" has the meaning set forth in IC 35-31.5-2-186.
(b) This section applies to a county only if the legislative body for
the county elects by ordinance to implement this section.
(c) A person who is:
(1) sentenced under this article for a felony or a misdemeanor;
(2) subject to lawful detention in a county jail for a period of more
than seventy-two (72) hours;
(3) not a member of a family that makes less than one hundred
fifty percent (150%) of the federal income poverty level; and
(4) not detained as a child subject to the jurisdiction of a juvenile
court;
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shall reimburse the county for the costs described in subsection (d).
(d) A person described in subsection (c) shall reimburse the county
for the sum of the following amounts:
(1) The lesser of:
(A) the per diem amount specified under subsection (e); or
(B) thirty dollars ($30);
multiplied by each day or part of a day that the person is lawfully
detained in a county jail or lawfully detained under IC 35-33-11-3
for more than six (6) hours.
(2) The direct cost of investigating whether the person is indigent.
(3) The cost of collecting the amount for which the person is
liable under this section.
(e) The county fiscal body shall fix the per diem described in
subsection (d)(1)(A) in an amount that is reasonably related to the
average daily cost of housing a person in the county jail. If the county
transfers the person to another county or the department of correction
under IC 35-33-11-3, the per diem is equal to the per diem charged to
the county under IC 35-33-11-5. IC 35-33-11-1.
(f) The county sheriff shall collect the amounts due from a person
under this section in conformity with the procedures specified in the
ordinance adopted under subsection (b). If the county sheriff does not
collect the amount due to the county, the county attorney may collect
the amount due.
SECTION 6. IC 36-2-13-15.3, AS AMENDED BY P.L.114-2012,
SECTION 148, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 15.3. (a) As used in this section,
"lawful detention" has the meaning set forth in IC 35-31.5-2-186.
(b) This section applies only:
(1) to a county having a population of less than seven thousand
(7,000); and
(2) if the legislative body for the county elects by ordinance to
implement this section.
(c) A person who is:
(1) sentenced under this article for a felony or a misdemeanor;
(2) subject to lawful detention in a county jail for a period of more
than six (6) hours;
(3) not a member of a family that makes less than one hundred
fifty percent (150%) of the federal income poverty level; and
(4) not detained as a child subject to the jurisdiction of a juvenile
court;
shall reimburse the county for the costs described in subsection (d).
(d) A person described in subsection (c) shall reimburse the county
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for the sum of the following amounts:
(1) The lesser of:
(A) the per diem amount specified under subsection (e); or
(B) fifty dollars ($50);
multiplied by each day or part of a day that the person is lawfully
detained in a county jail or lawfully detained under IC 35-33-11-3
for more than six (6) hours.
(2) The direct cost of investigating whether the person is indigent.
(3) The cost of collecting the amount for which the person is
liable under this section.
(e) The county fiscal body shall fix the per diem described in
subsection (d)(1)(A) in an amount that is reasonably related to the
average daily cost of housing a person in the county jail. If the county
transfers the person to another county or the department of correction
under IC 35-33-11-3, the per diem is equal to the per diem charged to
the county under IC 35-33-11-5. IC 35-33-11-1.
(f) The county sheriff shall collect the amounts due from a person
under this section in conformity with the procedures specified in the
ordinance adopted under subsection (b). If the county sheriff does not
collect the amount due to the county, the county attorney may collect
the amount due.
SEA 420 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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