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, an inmate is not considered in danger of serious bodily injury or death due to an illness or other medical condition.
As added by Acts 1981, P.L.298, SEC.2.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 33. Preliminary Proceedings
Chapter 11. Emergency Transfer of Certain Jail Inmates
35-33-11-2. Posttransfer Hearing
35-33-11-3. Overcrowding or Inadequacy of Local Penal Facility
35-33-11-4. Return to County Jail
35-33-11-5. Transportation to and From Facilities; Payment of Costs by County
35-33-11-6. Delivery of Data With Prisoner
35-33-11-7. Notice of Subsequent Transfer
35-33-11-8. Assignment of Prisoners Serving Sentence to Program or Work
35-33-11-9. Assignment of Prisoners Awaiting Trial to Program or Work