CHAPTER 4. STANDARDS, RULES, AND CONSTRUCTION OF COUNTY JAILS
IC 11-12-4
Chapter 4. Standards, Rules, and Construction of County Jails
IC 11-12-4-1
Adoption of minimum standards; requirements of standards;
committee of sheriffs; views and suggestions of sheriffs and county
commissioners
Sec. 1. (a) The department shall adopt under IC 4-22-2 minimum
standards for county jails governing:
(1) general physical and environmental conditions;
(2) services and programs to be provided to confined persons;
and
(3) procedures for the care and control of confined persons that
are necessary to ensure the health and safety of confined
persons, the security of the jail, and public safety.
However, the department may not adopt any standard that prohibits
the placement of more than one (1) prisoner in a prisoner cell that
has thirty-five (35) square feet or more of floor space per prisoner.
(b) The standards must be sufficiently flexible to foster the
development of new and improved practices and to accommodate
local needs and circumstances. The standards must be consistent with
the laws of Indiana and the rules of the state department of health
and the fire prevention and building safety commission.
(c) The commissioner shall select a committee of not less than
five (5) county sheriffs to consult with the department before and
during the drafting of the proposed minimum standards. County
sheriffs shall be selected from the various classes of counties to
ensure that densely, moderately, and sparsely populated counties are
represented. Each county sheriff is entitled to the minimum salary
per diem as provided in IC 4-10-11-2.1 for each day engaged in the
official business of the committee and to reimbursement for traveling
and other expenses, as provided in the state travel policies and
procedures established by the Indiana department of administration
and approved by the budget agency.
(d) At least sixty (60) days before setting the date for a public
hearing under IC 4-22-2, the department shall forward copies of the
proposed minimum standards to each county sheriff and each board
of county commissioners and shall solicit their views and
suggestions.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.152-1983,
SEC.1; P.L.8-1984, SEC.15; P.L.245-1987, SEC.9; P.L.2-1992,
SEC.114.
IC 11-12-4-2
Inspection of county jails; notice of noncompliance with standards;
petition for injunction; recommendation to convene grand jury;
action by sheriff
Sec. 2. (a) The department shall inspect each county jail at least
one (1) time each year to determine whether it is complying with the
standards adopted under section 1 of this chapter. If the department
determines that a jail is not complying with the standards, the
commissioner shall give written notice of this determination to the
county sheriff, the board of county commissioners, the prosecuting
attorney, the circuit court, and all courts having criminal or juvenile
jurisdiction in that county. This notice must specify which standards
are not being met and state the commissioner's recommendations
regarding compliance.
(b) If after six (6) months from the date of the written notice the
department determines that the county is not making a good faith
effort toward compliance with the standards specified in the notice,
the commissioner may:
(1) petition the circuit court for an injunction prohibiting the
confinement of persons in all or any part of the jail, or
otherwise restricting the use of the jail; or
(2) recommend, in writing, to the prosecuting attorney and each
court with criminal or juvenile jurisdiction that a grand jury be
convened to tour and examine the county jail under
IC 35-34-2-11.
(c) Upon receipt of notice by the commissioner that the jail does
not comply with standards adopted under section 1 of this chapter,
the sheriff may bring an action in the circuit court against the board
of county commissioners or county council for appropriate
mandatory or injunctive relief.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.5-2002,
SEC.1.
IC 11-12-4-3
Rules for maintenance of order and discipline in county jail;
requirements; disciplinary action
Sec. 3. The county sheriff shall adopt rules for the maintenance of
order and discipline among persons committed to the county jail.
These rules must describe the conduct for which disciplinary action
may be imposed, the type of disciplinary action that may be taken,
and the disciplinary procedure to be followed. The rules and possible
disciplinary action must be made available to all persons committed
to the county jail. The disciplinary action imposed must be
proportionate to the seriousness of the violation.
As added by Acts 1979, P.L.120, SEC.5.
IC 11-12-4-4
Jail officer; necessity; training
Sec. 4. (a) As used in this section, "jail officer" means a person
whose duties include the daily or ongoing supervision of county jail
inmates.
(b) A person may be confined in the county jail only if there is a
jail officer stationed in the jail.
(c) A jail officer whose employment begins after December 31,
1985, shall complete the training required by this section during the
first year of employment. This subsection does not apply to a jail
officer who:
(1) has successfully completed minimum basic training
requirements (other than training completed under
IC 5-2-1-9(h)) for law enforcement officers established by the
law enforcement training board; or
(2) is a law enforcement officer and is exempt from the training
requirements of IC 5-2-1. For purposes of this subdivision,
completion of the training requirements of IC 5-2-1-9(h) does
not exempt an officer from the minimum basic training
requirements of IC 5-2-1.
(d) The law enforcement training board shall develop a forty (40)
hour program for the specialized training of jail officers. The
program training must include six (6) hours of training in interacting
with persons with mental illness, addictive disorders, mental
retardation, and developmental disabilities, to be provided by persons
approved by the secretary of family and social services and the law
enforcement training board. The remainder of the training shall be
provided by the board.
(e) The board shall certify each person who successfully
completes such a training program.
(f) The department shall pay the cost of training each jail officer.
As added by P.L.153-1983, SEC.1. Amended by P.L.129-1985,
SEC.1; P.L.30-1992, SEC.5; P.L.85-2004, SEC.43.
IC 11-12-4-5
Construction; final plans and specifications; review
Sec. 5. In addition to the approval required from the agencies
listed under IC 36-1-12-10, all final plans and specifications for the
construction of a county jail are subject to review by the department.
Before construction may begin on a county jail, the board of county
commissioners shall submit the plans and specifications to the
department.
As added by P.L.130-1985, SEC.1.
IC 11-12-4-6
Plans and specifications; review for minimum standards
Sec. 6. The department shall review plans and specifications
submitted by a county under section 5 of this chapter to determine
whether the new jail will meet the minimum standards adopted by
the department under section 1 of this chapter.
As added by P.L.130-1985, SEC.2.
IC 11-12-4-7
Report to division of fire and building safety and county
commissioners; contents
Sec. 7. After conducting the review required by section 6 of this
chapter, the department shall send a copy of the department's report
to the division of fire and building safety and make a public report to
the board of county commissioners. In the report, the department
shall evaluate whether the jail, if constructed according to the plans
and specifications submitted to the department, meets the minimum
standards adopted by the department under section 1 of this chapter.
As added by P.L.130-1985, SEC.3. Amended by P.L.1-2006,
SEC.182.
IC 11-12-4-8
Application of section; issuance of design release
Sec. 8. (a) This section does not apply to the approval of the plans
and specifications for a county jail under IC 22-15-3 if the
department has failed to submit its report under section 7 of this
chapter to the division of fire and building safety within ten (10)
regular working days of the date that the department received the
plans and specifications from the board of county commissioners.
(b) The division of fire and building safety may not issue a design
release for a county jail under IC 22-15-3 until the division of fire
and building safety receives the report of the department for that
county jail under section 7 of this chapter.
As added by P.L.130-1985, SEC.4. Amended by P.L.245-1987,
SEC.10; P.L.1-2006, SEC.183.