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;
(7) take care of the county jail and the prisoners there;
(8) take photographs, fingerprints, and other identification data as
the sheriff shall prescribe of persons taken into custody for
felonies or misdemeanors;
(9) take DNA (deoxyribonucleic acid) samples for felonies; and
(10) on or before January 31 and June 30 of each year, provide to
the department of correction the average daily cost of
incarcerating a prisoner in the county jail as determined under the
methodology developed by the department of correction under IC 11-10-13.
(b) A person who:
(1) refuses to be photographed, as prescribed in subsection (a)(8);
(2) refuses to be fingerprinted, as prescribed in subsection (a)(8);
(3) withholds identification data, as prescribed in subsection
(a)(8);
(4) gives false information, as prescribed in subsection (a)(8); or
(5) refuses to provide a DNA (deoxyribonucleic acid) sample, as
prescribed in subsection (a)(9);
commits a Class C misdemeanor.
(c) The sheriff may supervise and inspect all pawnbrokers, vendors,
junkshop keepers, cartmen, expressmen, dealers in secondhand
merchandise, intelligence offices, and auctions. The sheriff may
authorize any deputy in writing to exercise the same powers.
[Pre-Local Government Recodification Citations: 17-3-5-2;
17-3-5-3.]
As added by Acts 1980, P.L.212, SEC.1. Amended by
P.L.344-1983, SEC.1; P.L.85-2004, SEC.12; P.L.63-2008, SEC.5;
P.L.44-2025, SEC.1.
Notes of Decisions
Destiny Hoffman v. Susan Knoebel, 894 F.3d 836 (7th Cir. 2018).
· cites it 2× “at 579 (internal citations omitted); see also Ind. Code § 36-2-13-5 (a)(1). The sheriff has no analogous duty when a detainee is held pursuant to a court order.”
Weatherholt v. Spencer Cnty., 639 N.E.2d 354 (Ind. Ct. App. 1994).
· cites it 6× “According to Weatherholt, if we construe Indiana Code § 36-2-2-24 and Indiana Code § 36-2-13-5(a)(7) together in order to harmonize their meanings, both statutes impose a duty to protect the safety of inmates.”
Tittle v. Mahan, 582 N.E.2d 796 (Ind. 1991).
· cites it 3× “§ 36-2-13-5(a)(7) (West, 1983), and case law, see e.”
Nat'l RR Passenger Corp. v. Everton by Everton, 655 N.E.2d 360 (Ind. Ct. App. 1995).
· cites it 3× “5(b)(2) (person furnishing alcoholic beverage not liable in civil action unless intoxication of person served was proximate cause of injury alleged in complaint).”
Gibson v. Indiana Dep't of Corr., 899 N.E.2d 40 (Ind. Ct. App. 2008).
· cites it 2× “” Ind. Code § 36-2-13-5 .5. Appellant James Gibson was convicted of murder in 1985 in Marion County, received a fifty-year prison sentence, and was released from prison in April 2007.”
Commonwealth v. Leet, 585 A.2d 1033 (Pa. Super. Ct. 1991).
· cites it 2× “1989)); Indiana, (Ind.Code Ann. § 36-2-13-5 (Burns 1981 & Supp.”
Thompson v. Hays, 867 N.E.2d 654 (Ind. Ct. App. 2007).
· cites it 2× “Indiana Code section 36-2-13-5 describes the official duties of the sheriff.”
Jeremiah Cline v. State of Indiana, 971 N.E.2d 1240 (Ind. Ct. App. 2012).
· cites it 4× “Ind. Code § 36-2-13-5 .5. However, effects of the Act have been declared in violation of the ex post facto clause contained in the Indiana Constitution,3 as applied to persons who had committed their crimes prior to the imposition of any registration requirement.”
William McCurdy v. Sheriff of Madison Cnty., 128 F.3d 1144 (7th Cir. 1997).
“It could as well have been served by a bailiff or other court employee, for the sheriffs duty to serve the warrant was mandatory, Ind.Code §§ 36-2-13-5(a)(4), (5), so the county was not interposed as a decision-making body between the state and him.”
In Re Courthouse Sec. in Tippecanoe Cnty., 765 N.E.2d 1254 (Ind. 2002).
· cites it 2× “See Ind.Code § 36-2-13-5(a)(6). The decree states that each entrance with public access shall have a metal detector through which persons entering the courthouse shall pass.”
Trout v. Buie, 653 N.E.2d 1002 (Ind. Ct. App. 1995).
“CODE § 36-2-13-5(a)(7). Indiana courts have held that a sheriff, who is charged with the care and custody of a prisoner, has a duty to exercise reasonable care to preserve his prisoner’s health and safety.”
— Ind. Code § 36-2-13-5(7) — 1 case
— Ind. Code § 36-2-13-5(a) — 2 cases
— Ind. Code § 36-2-13-5(a)(4) — 1 case
William McCurdy v. Sheriff of Madison Cnty., 128 F.3d 1144 (7th Cir. 1997).
“It could as well have been served by a bailiff or other court employee, for the sheriffs duty to serve the warrant was mandatory, Ind.Code §§ 36-2-13-5(a)(4), (5), so the county was not interposed as a decision-making body between the state and him.”
— Ind. Code § 36-2-13-5(a)(6) — 1 case
In Re Courthouse Sec. in Tippecanoe Cnty., 765 N.E.2d 1254 (Ind. 2002).
“See Ind.Code § 36-2-13-5(a)(6). The decree states that each entrance with public access shall have a metal detector through which persons entering the courthouse shall pass.”
— Ind. Code § 36-2-13-5(a)(7) — 11 cases
Weatherholt v. Spencer Cnty., 639 N.E.2d 354 (Ind. Ct. App. 1994).
“According to Weatherholt, if we construe Indiana Code § 36-2-2-24 and Indiana Code § 36-2-13-5(a)(7) together in order to harmonize their meanings, both statutes impose a duty to protect the safety of inmates.”
Tittle v. Mahan, 582 N.E.2d 796 (Ind. 1991).
“§ 36-2-13-5(a)(7) (West, 1983), and case law, see e.”
Nat'l RR Passenger Corp. v. Everton by Everton, 655 N.E.2d 360 (Ind. Ct. App. 1995).
“5(b)(2) (person furnishing alcoholic beverage not liable in civil action unless intoxication of person served was proximate cause of injury alleged in complaint).”
Trout v. Buie, 653 N.E.2d 1002 (Ind. Ct. App. 1995).
“CODE § 36-2-13-5(a)(7). Indiana courts have held that a sheriff, who is charged with the care and custody of a prisoner, has a duty to exercise reasonable care to preserve his prisoner’s health and safety.”
Annotations are extracted automatically from the opinions in the
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