CHAPTER 5. COUNTY JAILS: WORK; TEMPORARY RELEASE - Indiana Statutes

IC 11-12-5
     Chapter 5. County Jails: Work; Temporary Release

IC 11-12-5-1
Inmates; clean and orderly quarters; general maintenance work
     Sec. 1. (a) A person confined in a county jail may be required to keep his own living quarters clean and orderly.
    (b) A person confined in a county jail upon conviction of a crime may be required to perform general maintenance work and assist in providing other services essential to the administration of the facility or program. As used in this subsection, "general maintenance work" does not include construction, remodeling, or repair of the facility.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.72-1992, SEC.2; P.L.1-1993, SEC.67.

IC 11-12-5-2
Temporary release from custody; purpose; eligibility
     Sec. 2. (a) The county sheriff may establish a program whereby persons who have been committed to the county jail upon conviction of a crime or adjudication of contempt may be temporarily released from custody to work, attend an academic or vocational training institution or program, or obtain medical, psychiatric, or psychological treatment, including treatment for drug addiction or alcoholism.
    (b) A person is eligible for temporary release under this section unless:
        (1) the sentencing or committing court disapproves the person's release; or
        (2) the person has been convicted of a sex offense under IC 35-42-4 or IC 35-46-1-3.
    (c) "Work" under this section includes assignment to a work party formed to perform any work the sheriff determines to be of benefit to the community.
    (d) Persons on work parties formed under this section may be required to wear distinctive jail uniforms.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.144-1995, SEC.2; P.L.264-1999, SEC.2.

IC 11-12-5-3
Earnings of person employed under this chapter; distribution; use of remaining amount; waiver of collection of room and board
     Sec. 3. (a) Any earnings of a person employed under this chapter, less payroll deductions required by law and court ordered deductions for satisfaction of a judgment against that person, shall be collected by the county sheriff, probation department, county office of the division of family resources, or other agency designated by the sentencing or committing court. Unless otherwise ordered by the court, the remaining earnings shall be distributed in the following order:
        (1) To pay state and federal income taxes and Social Security

deductions not otherwise withheld.
        (2) To pay the cost of membership in an employee organization.
        (3) Not less than fifteen percent (15%) of the person's gross earnings, if that amount of the gross is available after the above deductions, to be given to that person or retained for the person, with accrued interest, until the person's release or discharge.
        (4) To pay for the person's room and board provided by the county.
        (5) To pay transportation costs to and from work, and other work related incidental expenses.
        (6) To pay court ordered costs, fines, or restitution.
    (b) After the amounts prescribed in subsection (a) are deducted, the remaining amount may be used to:
        (1) when directed by the person or ordered by the court, pay for the support of the person's dependents (if the person's dependents are receiving welfare assistance, the appropriate county office of the division of family resources or welfare department in another state shall be notified of such disbursements); and
        (2) with the consent of the person, pay to the person's victims or others any unpaid obligations of that person.
    (c) Any remaining amount shall be given to the person or retained for the person according to subsection (a)(3).
    (d) The collection of room and board under subsection (a)(4) may be waived.
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.2-1992, SEC.115; P.L.4-1993, SEC.16; P.L.5-1993, SEC.29; P.L.146-2008, SEC.373; P.L.44-2009, SEC.8.

IC 11-12-5-4
Application of IC 11-12-5-2 and IC 11-12-5-3
     Sec. 4. Sections 2 and 3 of this chapter do not apply to a person serving a term of imprisonment under IC 35-38-2-2.3(c).
As added by Acts 1979, P.L.120, SEC.5. Amended by P.L.5-1988, SEC.62; P.L.1-1991, SEC.99.

IC 11-12-5-5
Health care copayments
     Sec. 5. (a) This section does not apply to a person confined to a county jail who:
        (1) maintains a policy of insurance from a private company covering:
            (A) medical care;
            (B) dental care;
            (C) eye care; or
            (D) any other health care related service; or
        (2) is willing to pay for the person's own medical care.
    (b) Except as provided in subsection (c), a person confined to a county jail may be required to make a copayment in an amount of not more than fifteen dollars ($15) for each provision of any of the

following services:
        (1) Medical care.
        (2) Dental care.
        (3) Eye care.
        (4) Any other health care related service.
    (c) A person confined to a county jail is not required to make the copayment under subsection (b) if:
        (1) the person does not have funds in the person's commissary account or trust account at the time the service is provided;
        (2) the person does not have funds in the person's commissary account or trust account within sixty (60) days after the service is provided;
        (3) the service is provided in an emergency;
        (4) the service is provided as a result of an injury received in the county jail; or
        (5) the service is provided at the request of the sheriff or jail administrator.
    (d) Money collected must be deposited into the county medical care for inmates fund.
    (e) Rules for the implementation of this section must be approved by the county legislative body.
As added by P.L.72-1994, SEC.1. Amended by P.L.143-1995, SEC.2; P.L.102-2002, SEC.1.

IC 11-12-5-5.5
County reimbursement for health care services provided to person subject to lawful detention
     Sec. 5.5. (a) As used in this section, "charge description master" means a listing of the amount charged by a hospital for each service, item, and procedure:
        (1) provided by the hospital; and
        (2) for which a separate charge exists.
    (b) As used in this section, "health care services" includes health care items and procedures.
    (c) As used in this section, "lawful detention" means the following:
        (1) Arrest.
        (2) Custody following surrender in lieu of arrest.
        (3) Detention in a penal facility.
        (4) Detention for extradition or deportation.
        (5) Custody for purposes incident to any of the above, including transportation, medical diagnosis or treatment, court appearances, work, or recreation.
The term does not include supervision of a person on probation or parole or constraint incidental to release with or without bail.
    (d) This section:
        (1) does not apply in the case of a person who is subject to lawful detention by a county sheriff and is:
            (A) covered under private health coverage for health care services; or             (B) willing to pay for the person's own health care services; and
        (2) does not affect copayments required under section 5 of this chapter.
    (e) Except as provided in subsection (f), a county that is responsible for payment for health care services provided to a person who is subject to lawful detention by the county's sheriff shall reimburse:
        (1) a physician licensed under IC 25-22.5;
        (2) a hospital licensed under IC 16-21-2; or
        (3) another health care provider;
for the cost of a health care service at the federal Medicare reimbursement rate for the health care service provided plus four percent (4%).
    (f) If there is no federal Medicare reimbursement rate for a health care service described in subsection (e), the county shall do the following:
        (1) If the health care service is provided by a hospital, the county shall reimburse the hospital an amount equal to sixty-five percent (65%) of the amount charged by the hospital according to the hospital's charge description master.
        (2) If the health care service is provided by a physician or another health care provider, the county shall reimburse the physician or health care provider an amount equal to sixty-five percent (65%) of the amount charged by the physician or health care provider.
    (g) This section expires June 30, 2011.
As added by P.L.80-2009, SEC.1.

IC 11-12-5-6
Medical care expenses
     Sec. 6. (a) As used in this section, "medical care expenses" refers to expenses relating to the following services provided to a county jail inmate:
        (1) Medical care.
        (2) Dental care.
        (3) Eye care.
        (4) Any other health care related service.
    (b) The medical care expenses of a person committed to a county jail by another county are the responsibility of the committing county.
    (c) The medical care expenses of a person committed to a county jail by the department of correction are the responsibility of the department of correction.
As added by P.L.141-1999, SEC.1.

IC 11-12-5-7
Reimbursement of inmate medical care expenses
     Sec. 7. (a) As used in this section, "medical care expenses" refers to expenses relating to the following services provided to a county

jail inmate:
        (1) Medical care.
        (2) Dental care.
        (3) Eye care.
        (4) Any other health care related service.
    (b) Notwithstanding section 6 of this chapter and subject to subsection (c), as a term of a sentence, a court may order a county jail inmate to reimburse a county for all or a portion of medical care expenses incurred by the county in providing medical care to the inmate.
    (c) A county jail inmate may not be required to reimburse a county for medical care expenses under this section if:
        (1) all the charges for which the inmate was detained in the county jail are dismissed; or
        (2) the inmate is acquitted of all charges for which the inmate was detained in the county jail.
    (d) In determining the amount of reimbursement that an inmate may be required to pay under subsection (b), the court shall consider the inmate's ability to pay.
    (e) If a court orders a county jail inmate to reimburse a county for medical care expenses under subsection (b), the amount of the medical care expenses shall be reduced by the amount of any copayment the inmate was required to make for the medical care expenses under IC 11-10-3-5 or section 5 of this chapter.
As added by P.L.213-2005, SEC.2.