Sec. 7. (a) Except as provided in subsection (c), if an agreement under section 3 of this chapter concerns the provision of law enforcement or firefighting services, the following provisions apply:
(1) Visiting law enforcement officers or firefighters have the same powers and duties as corresponding personnel of the entities they visit, but only for the period they are engaged in activities authorized by the entity they are visiting, and are subject to all provisions of law as if they were providing services within their own jurisdiction.
(2) An entity providing visiting personnel remains responsible for the conduct of its personnel, for their medical expenses, for worker's compensation, and if the entity is a volunteer fire department, for all benefits provided by IC 36-8-12.
(b) A law enforcement or fire service agency of a unit or of the state may request the assistance of a law enforcement or fire service agency of another unit, even if no agreement for such assistance is in effect. In such a case, subsection (a)(1) and (a)(2) apply, the agency requesting assistance shall pay all travel expenses, and all visiting personnel shall be supervised by the agency requesting assistance.
(c) This subsection applies to a law enforcement officer that visits another state after a request for assistance from another state under the emergency management compact is made under IC 10-14-5. A law enforcement officer that visits another state does not have the power of arrest unless the law enforcement officer is specifically authorized to exercise the power by the receiving state.
[Pre-Local Government Recodification Citations: subsection (a) formerly 18-5-1-4.5; subsection (b) formerly 17-3-6.5-1; 17-3-6.5-2; 17-3-6.5-3; 17-3-6.5-4; 18-5-1.5-6.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.28-1988, SEC.115; P.L.229-1996, SEC.1; P.L.30-1998, SEC.4; P.L.1-1999, SEC.80; P.L.2-2003, SEC.100.
Structure Indiana Code
Chapter 7. Interlocal Cooperation
36-1-7-1. Application of Chapter
36-1-7-3. Agreements; Contents; Powers Under Agreements
36-1-7-4. Agreements; When Attorney General's Approval Required
36-1-7-6. Agreements; Recording; Filing
36-1-7-7. Agreements; Law Enforcement or Firefighting Services
36-1-7-9. Agreements Between Municipality and County; Contents
36-1-7-10. Agreements Between Municipality and County; Prerequisites to Taking Effect
36-1-7-11. Power to Appropriate Money and Provide Personnel, Services, and Facilities
36-1-7-11.5. "Economic Development Project"; Agreements Related to Economic Development Projects
36-1-7-12. Purchase, Sale, or Exchange of Services, Supplies, or Equipment
36-1-7-13. Agreements Between School Corporations; Rights and Privileges of Teachers