Sec. 2. (a) Subject to the requirements of this chapter, a county sheriff may contract with the department to transfer a confined jail offender from the county jail to a regional holding facility established and operated by the department if the county jail is overcrowded.

     (b) An agreement between the county sheriff and the department may be made under this chapter only if:

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
For details, see Ind. Code § 35-50-2-7

Terms Used In Indiana Code 11-12-6.5-2

  • confined jail offender: means a person convicted of a Level 6 felony and sentenced to a period of imprisonment in a county jail. See Indiana Code 11-12-6.5-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • overcrowded: means that the county jail is at one hundred percent (100%) capacity. See Indiana Code 11-12-6.5-1
  • regional holding facility: means an existing facility that:

    Indiana Code 11-12-6.5-1

  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
(1) the confined jail offender is serving a sentence for a Level 6 felony conviction; and

(2) the commissioner has agreed to accept custody of the confined jail offender under a court order or by order of the county sheriff.

     (c) Whenever the county jail is no longer overcrowded, the department may return the confined jail offender from the regional holding facility to the county jail from which the confined jail offender was transferred.

As added by P.L.239-2019, SEC.11.