Indiana Code 35-33-11-3. Overcrowding or inadequacy of local penal facility
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Sec. 3. Upon petition by the sheriff alleging that:
(2) another sheriff or the commissioner of the department of correction has agreed to accept custody of inmates from the sheriff;
(1) the local penal facility is overcrowded or otherwise physically inadequate to house inmates; and
Terms Used In Indiana Code 35-33-11-3
- Conviction: A judgement of guilt against a criminal defendant.
- Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
the court may order inmates transferred to the custody of the person who has agreed to accept custody. Whenever a transfer order is necessary under this section, only inmates serving a sentence after conviction for a crime may be transferred, unless the overcrowding or inadequacy of the facility also requires transfer of inmates awaiting trial or sentencing.
As added by Acts 1981, P.L.298, SEC.2.