35-33-11-3. Overcrowding or inadequacy of local penal facility

IN Code § 35-33-11-3 (2019) (N/A)
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Sec. 3. Upon petition by the sheriff alleging that:

(1) the local penal facility is overcrowded or otherwise physically inadequate to house inmates; and

(2) another sheriff or the commissioner of the department of correction has agreed to accept custody of inmates from the sheriff;

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.