Sec. 2. (a) If a judicial officer authorized to issue a warrant for arrest in the county in which the individual is present approves an application for detention made under section 1 of this chapter, the application authorizes a police officer to take the individual into custody and transport the individual to a facility, if applicable.

     (b) Except as provided in subsection (c), the expense of transportation under this section shall be paid by the county in which the individual is present.

Terms Used In Indiana Code 12-26-5-2

  • Arrest: Taking physical custody of a person by lawful authority.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
     (c) This subsection applies only to the nonemergency transport to a facility by the county sheriff or deputy sheriff of an individual who:

(1) is not in lawful detention (as defined in IC 36-2-13-18);

(2) has had an application for the individual’s detention under section 1 of this chapter approved by a judicial officer; and

(3) is transported more than thirty (30) miles.

The county sheriff may be reimbursed from the individual’s health care coverage, including health coverage offered or administered by the state.

[Pre-1992 Revision Citation: 16-14-9.1-7(a) part.]

As added by P.L.2-1992, SEC.20. Amended by P.L.196-2021, SEC.7; P.L.205-2023, SEC.11.

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