Sec. 13. (a) Whenever the sheriff has reason to believe that a prisoner in the sheriff's custody is in danger of being unlawfully killed, the sheriff shall order all persons with whom the sheriff can directly communicate to assist in protecting the prisoner. If the sheriff remains unable to protect the prisoner, the sheriff shall notify the governor and ask for the aid of the state in protecting the prisoner.
(b) A sheriff who unlawfully kills a prisoner in the sheriff's custody, or unlawfully permits a prisoner to be killed, forfeits the sheriff's office. The governor shall issue a proclamation declaring the office of the sheriff vacated.
(c) The person who forfeited the office may petition the governor to be reinstated as sheriff. The petition must:
(1) show that the person did everything in the person's power to protect the life of the prisoner and carried out the duties of the sheriff's office pertaining to the protection of prisoners; and
(2) be filed with the governor not more than fourteen (14) days after the date on which the governor declares the office of the sheriff vacated.
If, after a hearing, the governor finds that the person did carry out the duties of the sheriff's office, the governor may reinstate the person in office and issue to the person a certificate of reinstatement. A person who files a petition under this subsection shall give notice to both the prosecuting attorney of the county and the attorney general.
[Pre-Local Government Recodification Citation: 17-3-5-2.1 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.93.
Structure Indiana Code
Article 2. Government of Counties Generally
36-2-13-0.1. Application of Certain Amendments to Chapter
36-2-13-1. Application of Chapter
36-2-13-2. Residence; Term of Office
36-2-13-2.8. Payment of Compensation From County General Fund
36-2-13-3. Meetings of County Executive; Attendance
36-2-13-4. Meetings of County Fiscal Body; Attendance
36-2-13-5.5. Indiana Sex and Violent Offender Registry Web Site; Requirements; Funding
36-2-13-6. Purchase of Judgment or Allowance Prohibited
36-2-13-9. Training School; Attendance; Expenses
36-2-13-10. Motor Vehicles; Equipment; Maintenance
36-2-13-12. Reports; Persons Confined in County Jail; Condition of County Jail; Recommendations
36-2-13-15. Prisoners Reimbursing Counties for Costs of Incarceration
36-2-13-15.3. Prisoners Reimbursing Counties for Costs of Incarceration; Ohio County
36-2-13-16.3. Nonreverting County Prisoner Reimbursement Funds; Ohio County
36-2-13-17. Maximum Amount of Compensation for Sheriff
36-2-13-18. Health Care Services Provided to Person Subject to Lawful Detention