Sec. 3. Upon petition by the sheriff alleging that:
(1) the local penal facility is overcrowded or otherwise physically inadequate to house inmates; and
(2) another sheriff or the commissioner of the department of correction has agreed to accept custody of inmates from the sheriff;
the court may order inmates transferred to the custody of the person who has agreed to accept custody. Whenever a transfer order is necessary under this section, only inmates serving a sentence after conviction for a crime may be transferred, unless the overcrowding or inadequacy of the facility also requires transfer of inmates awaiting trial or sentencing.
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