Section 11-12-4-1 - Adoption of minimum standards; requirements of standards; committee of sheriffs; views and suggestions of sheriffs and county commissioners(a) The department shall adopt under IC 4-22-2 minimum standards for county jails governing: (1) general physical and environmental conditions;(2) services and programs to be provided to confined persons;(3) procedures for the care and control of confined persons that are necessary to ensure the health and safety of confined persons, the security of the jail, and public safety; and(4) the restraint of pregnant inmates. Rules adopted under this subdivision must be consistent with IC 11-10-3.5. However, the department may not adopt any standard that prohibits the placement of more than one (1) prisoner in a prisoner cell that has thirty-five (35) square feet or more of floor space per prisoner.
(b) The standards must be sufficiently flexible to foster the development of new and improved practices and to accommodate local needs and circumstances. The standards must be consistent with the laws of Indiana and the rules of the Indiana department of health and the fire prevention and building safety commission.(c) The commissioner shall select a committee of not less than five (5) county sheriffs to consult with the department before and during the drafting of the proposed minimum standards. County sheriffs shall be selected from the various classes of counties to ensure that densely, moderately, and sparsely populated counties are represented. Each county sheriff is entitled to the minimum salary per diem as provided in IC 4-10-11-2.1 for each day engaged in the official business of the committee and to reimbursement for traveling and other expenses, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.(d) At least sixty (60) days before setting the date for a public hearing under IC 4-22-2, the department shall forward copies of the proposed minimum standards to each county sheriff and each board of county commissioners and shall solicit their views and suggestions.Amended by P.L. 56-2023,SEC. 82, eff. 7/1/2023.Amended by P.L. 78-2022,SEC. 7, eff. 7/1/2022.As added by Acts1979 , P.L. 120, SEC.5. Amended by P.L. 152-1983, SEC.1; P.L. 8-1984, SEC.15; P.L. 245-1987, SEC.9; P.L. 2-1992, SEC.114.