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.

Terms Used In Indiana Code 36-2-13-13

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
     (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.

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