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IC 36-2-13-1
Application of chapter
Sec. 1. Except for sections 15.3 and 16.3 of this chapter, this
chapter applies to all counties.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.1-2002,
SEC.156.
IC 36-2-13-2
Residence; term of office
Sec. 2. (a) The county sheriff must reside within the county as
provided in Article 6, Section 6 of the Constitution of the State of
Indiana. The sheriff forfeits office if the sheriff ceases to be a
resident of the county.
(b) The term of office of the county sheriff under Article 6,
Section 2 of the Constitution of the State of Indiana is four (4) years
and continues until a successor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987,
SEC.548.
IC 36-2-13-2.5
Salary contracts for sheriffs; required provisions
Sec. 2.5. (a) The sheriff, the executive, and the fiscal body may
enter into a salary contract for the sheriff.
(b) A sheriff's salary contract must contain the following
provisions:
(1) A fixed amount of compensation for the sheriff in place of
fee compensation.
(2) Payment of the full amount of the sheriff's compensation
from the county general fund in the manner that salaries of
other county officials are paid.
(3) Deposit by the sheriff of the sheriff's tax warrant collection
fees (as described in IC 6-8.1-8-3) in the county general fund
for use for any general fund purpose.
(4) A procedure for financing prisoners' meals that uses one (1)
of the following methods:
(A) The county fiscal body shall make an appropriation in
the usual manner from the county general fund to the sheriff
for feeding prisoners. The sheriff or the sheriff's officers,
deputies, or employees may not make a profit from the
appropriation. The sheriff shall deposit all meal allowances
received under IC 36-8-10-7 in the county general fund for
use for any general fund purpose.
(B) The sheriff shall pay for feeding prisoners from meal
allowances received under IC 36-8-10-7. The sheriff or the
sheriff's officers, deputies, or employees may not make a
profit from the meal allowances. After the expenses of
feeding prisoners are paid, the sheriff shall deposit any
unspent meal allowance money in the county general fund
for use for any general fund purpose.
(5) A requirement that the sheriff shall file an accounting of
expenditures for feeding prisoners with the county auditor on
the first Monday of January and the first Monday of July of
each year.
(6) An expiration date that is not later than the date that the
term of the sheriff expires.
(7) Other provisions concerning the sheriff's compensation to
which the sheriff, the county executive, and the fiscal body
agree.
(c) A salary contract is entered under this section when a written
document containing the provisions of the contract is:
(1) approved by resolution of both the executive and the fiscal
body; and
(2) signed by the sheriff.
As added by P.L.83-1993, SEC.2.
IC 36-2-13-2.8
Payment of compensation from county general fund
Sec. 2.8. (a) In place of any other form of compensation, including
a salary contract entered into under section 2.5 of this chapter, a
county may pay a sheriff's compensation as provided in this section
from the county general fund in the manner that salaries of other
county officials are paid. However, the sheriff may retain the sheriff's
tax warrant collection fees (as described in IC 6-8.1-8-3).
(b) If a county pays a sheriff's compensation under this section,
the county fiscal body shall make an appropriation in the usual
manner from the county general fund for feeding prisoners. The
sheriff or the sheriff's officers, deputies, or employees may not make
a profit from the appropriation.
(c) A county that pays a sheriff's compensation under this section
shall pay the sheriff as follows:
(1) In a county having a population of not more than twenty
thousand (20,000), the county must pay the sheriff an annual
salary that is equal to at least fifty percent (50%) of the annual
minimum salary that would be paid by the state to a full-time
prosecuting attorney in the county.
(2) In a county having a population of:
(A) more than twenty thousand (20,000); and
(B) not more than forty thousand (40,000);
the county must pay the sheriff an annual salary that is equal to
at least sixty percent (60%) of the annual minimum salary that
would be paid by the state to a full-time prosecuting attorney in
the county.
(3) In a county having a population of:
(A) more than forty thousand (40,000); and
(B) not more than sixty-five thousand five hundred (65,500);
the county must pay the sheriff an annual salary that is equal to
at least seventy percent (70%) of the annual minimum salary
that would be paid by the state to a full-time prosecuting
attorney in the county.
(4) In a county having a population of:
(A) more than sixty-five thousand five hundred (65,500);
and
(B) not more than one hundred thousand (100,000);
the county must pay the sheriff an annual salary that is equal to
at least eighty percent (80%) of the annual minimum salary that
would be paid by the state to a full-time prosecuting attorney in
the county.
(5) In a county having a population of:
(A) more than one hundred thousand (100,000); and
(B) not more than two hundred thousand (200,000);
the county must pay the sheriff an annual salary that is equal to
at least ninety percent (90%) of the annual minimum salary that
would be paid by the state to a full-time prosecuting attorney in
the county.
(6) In a county having a population of more than two hundred
thousand, the county must pay the sheriff an annual salary that
is equal to at least one hundred percent (100%) of the annual
minimum salary that would be paid by the state to a full-time
prosecuting attorney in the county.
As added by P.L.230-1996, SEC.1.
IC 36-2-13-3
Meetings of county executive; attendance
Sec. 3. The sheriff shall attend meetings of the county executive
when required under IC 36-2-2-15(d).
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-13-4
Meetings of county fiscal body; attendance
Sec. 4. The sheriff shall attend meetings of the county fiscal body
when required under IC 36-2-3-6(c).
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-13-5
Duties
Sec. 5. (a) The sheriff shall:
(1) arrest without process persons who commit an offense
within the sheriff's view, take them before a court of the county
having jurisdiction, and detain them in custody until the cause
of the arrest has been investigated;
(2) suppress breaches of the peace, calling the power of the
county to the sheriff's aid if necessary;
(3) pursue and jail felons;
(4) execute all process directed to the sheriff by legal authority;
(5) serve all process directed to the sheriff from a court or the
county executive;
(6) attend and preserve order in all courts of the county;
IC 36-2-13-5.5
Indiana sex and violent offender registry web site; requirements;
funding
Sec. 5.5. (a) The sheriffs shall jointly establish and maintain an
Indiana sex and violent offender registry web site, known as the
Indiana sex and violent offender registry, to inform the general
public about the identity, location, and appearance of every sex or
violent offender residing within Indiana. The web site must provide
information regarding each sex or violent offender, organized by
county of residence. The web site shall be updated at least daily.
(b) The Indiana sex and violent offender registry web site must
include the following information:
(1) A recent photograph of every sex or violent offender who
has registered with a sheriff after the effective date of this
chapter.
(2) The home address of every sex or violent offender.
(3) The information required under IC 11-8-8-8.
(c) Every time a sex or violent offender registers, but at least once
per year, the sheriff shall:
(1) photograph the sex or violent offender; and
(2) determine whether the sex or violent offender's fingerprints
are on file:
(A) in Indiana; or
(B) with the Federal Bureau of Investigation.
If it appears that the sex or violent offender's fingerprints are not on
file as described in subdivision (2), the sheriff shall fingerprint the
sex or violent offender and transmit a copy of the fingerprints to the
state police department. The sheriff shall place the photograph
described in subdivision (1) on the Indiana sex and violent offender
registry web site.
(d) The photograph of a sex or violent offender described in
subsection (c) must meet the following requirements:
IC 36-2-13-5.6
Sex or violent offender registration fee; sex or violent offender
address change fee; collection and distribution
Sec. 5.6. (a) The legislative body of a county may adopt an
ordinance:
(1) requiring the local law enforcement authority (as defined in
IC 11-8-8-2) to collect:
(A) an annual sex or violent offender registration fee; and
(B) a sex or violent offender address change fee; and
(2) establishing a county sex and violent offender
administration fund to fund the administration of the sex and
violent offender registration system.
(b) If an ordinance is adopted under subsection (a), the legislative
body of the county shall establish the amount of the annual sex or
violent offender registration fee. However, the annual sex or violent
offender registration fee may not exceed fifty dollars ($50).
(c) If an ordinance is adopted under subsection (a), the legislative
body of the county shall establish the amount of the sex or violent
offender address change fee. However, a sex or violent offender
address change fee may not exceed five dollars ($5) per address
change.
IC 36-2-13-6
Purchase of judgment or allowance prohibited
Sec. 6. The sheriff may not purchase a judgment or allowance in
a court of which he is an officer.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-13-7
Repealed
(Repealed by P.L.144-1983, SEC.2.)
IC 36-2-13-8
Repealed
(Repealed by P.L.217-1986, SEC.1.)
IC 36-2-13-9
Training school; attendance; expenses
Sec. 9. (a) After his election and before he assumes the duties of
his office, the sheriff-elect may attend the sessions of a training
school that:
(1) offers courses of instruction for sheriffs;
(2) is established by Indiana University, Purdue University,
Indiana University and Purdue University, the state police
department, or the Indiana sheriffs' association; and
(3) teaches methods of crime detection and offers courses from
the state board of accounts on office routine and accounting.
(b) On presentation of proper charges or receipts and with the
approval of the county executive, the county auditor may issue his
warrant for the following expenses of the sheriff-elect in attending
a school under this section:
(1) Any tuition charged by the school.
(2) A sum for mileage, lodging, and meals, equal to the sum
allowed county officers under IC 5-11-14-1.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,
P.L.125, SEC.23; P.L.144-1983, SEC.3.
IC 36-2-13-10
Motor vehicles; equipment; maintenance
Sec. 10. (a) The county shall furnish one (1) automobile and, with
the approval of the county executive and the county fiscal body, may
furnish additional automobiles, for use by the sheriff in the
performance of his official duties. The county shall maintain each
automobile in service.
(b) The county executive may purchase for and furnish to the
sheriff a motor vehicle that seats a driver, two (2) guards, and at least
six (6) other persons, and may be equipped for use as an ambulance
or used to transport persons in the custody of the sheriff. The county
shall maintain the vehicle.
(c) If the county furnishes and maintains a conveyance for the use
of the sheriff, it may not grant him a mileage allowance but may
reimburse him for other expenses relating to the conveyance.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-13-11
Repealed
(Repealed by Acts 1981, P.L.309, SEC.115(b).)
IC 36-2-13-12
Reports; persons confined in county jail; condition of county jail;
recommendations
Sec. 12. (a) The sheriff shall file with the appropriate court and,
in the case of a person awaiting trial on a criminal charge, with the
county prosecuting attorney, a weekly report of each person confined
in the county jail. The report must include the confined person's
name, the date of commitment, the court or officer ordering the
commitment, the criminal charge, conviction, or civil action
underlying the commitment, the term of commitment, and whether
the person is awaiting trial or serving a term of imprisonment.
(b) The sheriff shall file with the county executive an annual
report of the condition of the county jail and any recommended
improvements in its maintenance and operation. The report shall also
be filed with the county auditor and maintained as a public record.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-13-14
Health care services supplied persons under lawful detention;
payment under insurance of detainee; failure or refusal of detainee
to file claim
Sec. 14. (a) As used in this section, "accident and sickness
insurance policy" means an insurance policy that provides one (1) or
more of the types of insurance described as Class 1(b) or 2(a)
insurance under IC 27-1-5-1 on an individual basis or a group basis.
(b) As used in this section, "enrollee" has the meaning set forth in
IC 27-13-1-12.
(c) As used in this section, "lawful detention" has the meaning set
forth in IC 35-41-1-18.
(d) As used in this section, "health maintenance organization" has
the meaning set forth in IC 27-13-1-19.
(e) An individual who is:
(1) insured under an accident and sickness insurance policy; or
(2) an enrollee under a health maintenance organization;
shall submit a claim under the policy or plan for expenses resulting
from health care services that are rendered to the individual while the
individual is subject to lawful detention by a county sheriff.
(f) A county sheriff is not obligated to pay for health care services
rendered to an individual while in the lawful detention of the sheriff
to the extent that payment for the services is available under:
IC 36-2-13-15
Prisoners reimbursing counties for costs of incarceration
Sec. 15. (a) As used in this section, "lawful detention" has the
meaning set forth in IC 35-41-1-18.
(b) This section applies to a county only if the legislative body for
the county elects by ordinance to implement this section.
(c) A person who is:
(1) sentenced under this article for a felony or a misdemeanor;
(2) subject to lawful detention in a county jail for a period of
more than seventy-two (72) hours;
(3) not a member of a family that makes less than 150% of the
federal income poverty level; and
(4) not detained as a child subject to the jurisdiction of a
juvenile court;
shall reimburse the county for the costs described in subsection (d).
(d) A person described in subsection (c) shall reimburse the
county for the sum of the following amounts:
(1) The lesser of:
(A) the per diem amount specified under subsection (e); or
(B) thirty dollars ($30);
multiplied by each day or part of a day that the person is
lawfully detained in a county jail or lawfully detained under
IC 35-33-11-3 for more than six (6) hours.
(2) The direct cost of investigating whether the person is
indigent.
(3) The cost of collecting the amount for which the person is
liable under this section.
(e) The county fiscal body shall fix the per diem described in
subsection (d)(1)(A) in an amount that is reasonably related to the
average daily cost of housing a person in the county jail. If the
county transfers the person to another county or the department of
correction under IC 35-33-11-3, the per diem is equal to the per diem
charged to the county under IC 35-33-11-5.
(f) The county sheriff shall collect the amounts due from a person
under this section in conformity with the procedures specified in the
ordinance adopted under subsection (b). If the county sheriff does
not collect the amount due to the county, the county attorney may
collect the amount due.
As added by P.L.123-1998, SEC.2.
IC 36-2-13-15.3
Prisoners reimbursing counties for costs of incarceration; Ohio
County
Sec. 15.3. (a) As used in this section, "lawful detention" has the
meaning set forth in IC 35-41-1-18.
(b) This section applies only:
(1) to a county having a population of less than six thousand
(6,000); and
(2) if the legislative body for the county elects by ordinance to
implement this section.
(c) A person who is:
(1) sentenced under this article for a felony or a misdemeanor;
(2) subject to lawful detention in a county jail for a period of
more than six (6) hours;
(3) not a member of a family that makes less than 150% of the
federal income poverty level; and
(4) not detained as a child subject to the jurisdiction of a
juvenile court;
shall reimburse the county for the costs described in subsection (d).
(d) A person described in subsection (c) shall reimburse the
county for the sum of the following amounts:
(1) The lesser of:
(A) the per diem amount specified under subsection (e); or
(B) fifty dollars ($50);
multiplied by each day or part of a day that the person is
lawfully detained in a county jail or lawfully detained under
IC 35-33-11-3 for more than six (6) hours.
(2) The direct cost of investigating whether the person is
indigent.
(3) The cost of collecting the amount for which the person is
liable under this section.
(e) The county fiscal body shall fix the per diem described in
subsection (d)(1)(A) in an amount that is reasonably related to the
average daily cost of housing a person in the county jail. If the
county transfers the person to another county or the department of
correction under IC 35-33-11-3, the per diem is equal to the per diem
charged to the county under IC 35-33-11-5.
(f) The county sheriff shall collect the amounts due from a person
under this section in conformity with the procedures specified in the
ordinance adopted under subsection (b). If the county sheriff does
not collect the amount due to the county, the county attorney may
collect the amount due.
As added by P.L.170-2001, SEC.1.
IC 36-2-13-16.3
Nonreverting county prisoner reimbursement funds; Ohio County
Sec. 16.3. (a) If the county legislative body adopts an ordinance
electing to implement section 15.3 of this chapter, the county
legislative body shall establish a nonreverting county prisoner
reimbursement fund.
(b) All amounts collected under section 15.3 of this chapter must
be deposited in the county prisoner reimbursement fund.
(c) Any amount earned from the investment of amounts in the
fund becomes part of the fund.
(d) Notwithstanding any other law, upon appropriation by the
county fiscal body, amounts in the fund may be used by the county
only for:
(1) operating, constructing, repairing, remodeling, enlarging,
and equipping:
(A) a county jail; or
(B) a juvenile detention center to be operated under
IC 31-31-8 or IC 31-31-9; or
(2) the costs of care, maintenance, and housing of prisoners,
including the cost of housing prisoners in the facilities of
another county.
As added by P.L.170-2001, SEC.2.