Indiana Code

Ind. Code § 11-12-4-2 (2026)

Inspection of county jails; notice of noncompliance with standards; petition for injunction; recommendation to convene grand jury; action by sheriff

✓ current as of May 2026

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Sec. 2. (a) The department shall inspect each county jail at least one (1) time each year to determine whether it is complying with the standards adopted under section 1 of this chapter. If the department determines that a jail is not complying with the standards, the commissioner shall give written notice of this determination to the county sheriff, the board of county commissioners, the prosecuting attorney, the circuit court, superior court, or probate court, and all courts having criminal or juvenile jurisdiction in that county. This notice must specify which standards are not being met and state the commissioner's recommendations regarding compliance.

(b) If after six (6) months from the date of the written notice the department determines that the county is not making a good faith effort toward compliance with the standards specified in the notice, the commissioner may:

(1) petition the circuit court, superior court, or probate court for an injunction prohibiting the confinement of persons in all or any part of the jail, or otherwise restricting the use of the jail; or

(2) recommend, in writing, to the prosecuting attorney and each court with criminal or juvenile jurisdiction that a grand jury be convened to tour and examine the county jail under IC 35-34-2-11.

(c) Upon receipt of notice by the commissioner that the jail does not comply with standards adopted under section 1 of this chapter, the sheriff may bring an action in the circuit court, superior court, or probate court against the board of county commissioners or county council for appropriate mandatory or injunctive relief.

As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.5-2002, SEC.1; P.L.84-2016, SEC.61.

Notes of Decisions

Cited in 2 cases, 1994–2020 · leading case: Weatherholt v. Spencer Cnty., 639 N.E.2d 354 (Ind. Ct. App. 1994).

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Weatherholt v. Spencer Cnty., 639 N.E.2d 354 (Ind. Ct. App. 1994). “CODE § 11-12-4-2(a). Thus, these statutes suggest that both the county and the sheriff have responsibility for ensuring safe conditions in a county jail.”

Mayweather-Brown - RESTRICTED - ACCEPT NO FILINGS v. Biggler (N.D. Ind. 2020). “) In accordance with Indiana Code 11-12-4-2, IDOC is responsible for conducting annual inspections of the Elkhart Jail.”

— Ind. Code § 11-12-4-2(a) — 1 case

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