CHAPTER 5. COUNTY JAILS: WORK; TEMPORARY RELEASE
IC 11-12-5
Chapter 5. County Jails: Work; Temporary Release
IC 11-12-5-1
Inmates; clean and orderly quarters; general maintenance work
Sec. 1. (a) A person confined in a county jail may be required to
keep his own living quarters clean and orderly.
(b) A person confined in a county jail upon conviction of a crime
may be required to perform general maintenance work and assist in
providing other services essential to the administration of the facility
or program. As used in this subsection, "general maintenance work"
does not include construction, remodeling, or repair of the facility.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.72-1992,
SEC.2; P.L.1-1993, SEC.67.
IC 11-12-5-2
Temporary release from custody; purpose; eligibility
Sec. 2. (a) The county sheriff may establish a program whereby
persons who have been committed to the county jail upon conviction
of a crime or adjudication of contempt may be temporarily released
from custody to work, attend an academic or vocational training
institution or program, or obtain medical, psychiatric, or
psychological treatment, including treatment for drug addiction or
alcoholism.
(b) A person is eligible for temporary release under this section
unless:
(1) the sentencing or committing court disapproves the person's
release; or
(2) the person has been convicted of a sex offense under
IC 35-42-4 or IC 35-46-1-3.
(c) "Work" under this section includes assignment to a work party
formed to perform any work the sheriff determines to be of benefit
to the community.
(d) Persons on work parties formed under this section may be
required to wear distinctive jail uniforms.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.144-1995,
SEC.2; P.L.264-1999, SEC.2.
IC 11-12-5-3
Earnings of person employed under this chapter; distribution; use
of remaining amount; waiver of collection of room and board
Sec. 3. (a) Any earnings of a person employed under this chapter,
less payroll deductions required by law and court ordered deductions
for satisfaction of a judgment against that person, shall be collected
by the county sheriff, probation department, county office of the
division of family resources, or other agency designated by the
sentencing or committing court. Unless otherwise ordered by the
court, the remaining earnings shall be distributed in the following
order:
(1) To pay state and federal income taxes and Social Security
deductions not otherwise withheld.
(2) To pay the cost of membership in an employee organization.
(3) Not less than fifteen percent (15%) of the person's gross
earnings, if that amount of the gross is available after the above
deductions, to be given to that person or retained for the person,
with accrued interest, until the person's release or discharge.
(4) To pay for the person's room and board provided by the
county.
(5) To pay transportation costs to and from work, and other
work related incidental expenses.
(6) To pay court ordered costs, fines, or restitution.
(b) After the amounts prescribed in subsection (a) are deducted,
the remaining amount may be used to:
(1) when directed by the person or ordered by the court, pay for
the support of the person's dependents (if the person's
dependents are receiving welfare assistance, the appropriate
county office of the division of family resources or welfare
department in another state shall be notified of such
disbursements); and
(2) with the consent of the person, pay to the person's victims or
others any unpaid obligations of that person.
(c) Any remaining amount shall be given to the person or retained
for the person according to subsection (a)(3).
(d) The collection of room and board under subsection (a)(4) may
be waived.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.2-1992,
SEC.115; P.L.4-1993, SEC.16; P.L.5-1993, SEC.29; P.L.146-2008,
SEC.373; P.L.44-2009, SEC.8.
IC 11-12-5-4
Application of IC 11-12-5-2 and IC 11-12-5-3
Sec. 4. Sections 2 and 3 of this chapter do not apply to a person
serving a term of imprisonment under IC 35-38-2-2.3(c).
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.5-1988,
SEC.62; P.L.1-1991, SEC.99.
IC 11-12-5-5
Health care copayments
Sec. 5. (a) This section does not apply to a person confined to a
county jail who:
(1) maintains a policy of insurance from a private company
covering:
(A) medical care;
(B) dental care;
(C) eye care; or
(D) any other health care related service; or
(2) is willing to pay for the person's own medical care.
(b) Except as provided in subsection (c), a person confined to a
county jail may be required to make a copayment in an amount of not
more than fifteen dollars ($15) for each provision of any of the
following services:
(1) Medical care.
(2) Dental care.
(3) Eye care.
(4) Any other health care related service.
(c) A person confined to a county jail is not required to make the
copayment under subsection (b) if:
(1) the person does not have funds in the person's commissary
account or trust account at the time the service is provided;
(2) the person does not have funds in the person's commissary
account or trust account within sixty (60) days after the service
is provided;
(3) the service is provided in an emergency;
(4) the service is provided as a result of an injury received in
the county jail; or
(5) the service is provided at the request of the sheriff or jail
administrator.
(d) Money collected must be deposited into the county medical
care for inmates fund.
(e) Rules for the implementation of this section must be approved
by the county legislative body.
As added by P.L.72-1994, SEC.1. Amended by P.L.143-1995, SEC.2;
P.L.102-2002, SEC.1.
IC 11-12-5-5.5
County reimbursement for health care services provided to person
subject to lawful detention
Sec. 5.5. (a) As used in this section, "charge description master"
means a listing of the amount charged by a hospital for each service,
item, and procedure:
(1) provided by the hospital; and
(2) for which a separate charge exists.
(b) As used in this section, "health care services" includes health
care items and procedures.
(c) As used in this section, "lawful detention" means the
following:
(1) Arrest.
(2) Custody following surrender in lieu of arrest.
(3) Detention in a penal facility.
(4) Detention for extradition or deportation.
(5) Custody for purposes incident to any of the above, including
transportation, medical diagnosis or treatment, court
appearances, work, or recreation.
The term does not include supervision of a person on probation or
parole or constraint incidental to release with or without bail.
(d) This section:
(1) does not apply in the case of a person who is subject to
lawful detention by a county sheriff and is:
(A) covered under private health coverage for health care
services; or
(B) willing to pay for the person's own health care services;
and
(2) does not affect copayments required under section 5 of this
chapter.
(e) Except as provided in subsection (f), a county that is
responsible for payment for health care services provided to a person
who is subject to lawful detention by the county's sheriff shall
reimburse:
(1) a physician licensed under IC 25-22.5;
(2) a hospital licensed under IC 16-21-2; or
(3) another health care provider;
for the cost of a health care service at the federal Medicare
reimbursement rate for the health care service provided plus four
percent (4%).
(f) If there is no federal Medicare reimbursement rate for a health
care service described in subsection (e), the county shall do the
following:
(1) If the health care service is provided by a hospital, the
county shall reimburse the hospital an amount equal to
sixty-five percent (65%) of the amount charged by the hospital
according to the hospital's charge description master.
(2) If the health care service is provided by a physician or
another health care provider, the county shall reimburse the
physician or health care provider an amount equal to sixty-five
percent (65%) of the amount charged by the physician or health
care provider.
(g) This section expires June 30, 2011.
As added by P.L.80-2009, SEC.1.
IC 11-12-5-6
Medical care expenses
Sec. 6. (a) As used in this section, "medical care expenses" refers
to expenses relating to the following services provided to a county
jail inmate:
(1) Medical care.
(2) Dental care.
(3) Eye care.
(4) Any other health care related service.
(b) The medical care expenses of a person committed to a county
jail by another county are the responsibility of the committing
county.
(c) The medical care expenses of a person committed to a county
jail by the department of correction are the responsibility of the
department of correction.
As added by P.L.141-1999, SEC.1.
IC 11-12-5-7
Reimbursement of inmate medical care expenses
Sec. 7. (a) As used in this section, "medical care expenses" refers
to expenses relating to the following services provided to a county
jail inmate:
(1) Medical care.
(2) Dental care.
(3) Eye care.
(4) Any other health care related service.
(b) Notwithstanding section 6 of this chapter and subject to
subsection (c), as a term of a sentence, a court may order a county
jail inmate to reimburse a county for all or a portion of medical care
expenses incurred by the county in providing medical care to the
inmate.
(c) A county jail inmate may not be required to reimburse a
county for medical care expenses under this section if:
(1) all the charges for which the inmate was detained in the
county jail are dismissed; or
(2) the inmate is acquitted of all charges for which the inmate
was detained in the county jail.
(d) In determining the amount of reimbursement that an inmate
may be required to pay under subsection (b), the court shall consider
the inmate's ability to pay.
(e) If a court orders a county jail inmate to reimburse a county for
medical care expenses under subsection (b), the amount of the
medical care expenses shall be reduced by the amount of any
copayment the inmate was required to make for the medical care
expenses under IC 11-10-3-5 or section 5 of this chapter.
As added by P.L.213-2005, SEC.2.