reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-2.8. Payment of Compensation From County General Fund

Sec. 2.8. (a) In place of any other form of compensation, including a salary contract entered into under section 2.5 of this chapter, a county may pay a sheriff's compensation as provided in this section from the county general fund in the manner that salaries of other county officials are paid. Subject to section 17 of this chapter, the sheriff may retain the sheriff's tax warrant collection fees (as described in IC 6-8.1-8-3).
(b) If a county pays a sheriff's compensation under this section, the county fiscal body shall make an appropriation in the usual manner from the county general fund for feeding prisoners. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the appropriation.
(c) Subject to section 17 of this chapter, a county that pays a sheriff's compensation under this section shall pay the sheriff as follows:
(1) In a county having a population of not more than twenty thousand (20,000), the county must pay the sheriff an annual salary that is equal to at least fifty percent (50%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.
(2) In a county having a population of:
(A) more than twenty thousand (20,000); and
(B) not more than forty thousand (40,000);
the county must pay the sheriff an annual salary that is equal to at least sixty percent (60%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.
(3) In a county having a population of:
(A) more than forty thousand (40,000); and
(B) not more than sixty-five thousand five hundred (65,500);
the county must pay the sheriff an annual salary that is equal to at least seventy percent (70%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.
(4) In a county having a population of:
(A) more than sixty-five thousand five hundred (65,500); and
(B) not more than one hundred thousand (100,000);
the county must pay the sheriff an annual salary that is equal to at least eighty percent (80%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.
(5) In a county having a population of:
(A) more than one hundred thousand (100,000); and
(B) not more than two hundred thousand (200,000);
the county must pay the sheriff an annual salary that is equal to at least ninety percent (90%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.
(6) In a county having a population of more than two hundred thousand (200,000), the county must pay the sheriff an annual salary that is equal to at least one hundred percent (100%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.
As added by P.L.230-1996, SEC.1. Amended by P.L.40-2008, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-3. Meetings of County Executive; Attendance

Sec. 3. The sheriff shall attend meetings of the county executive when required under IC 36-2-2-15(d).
[Pre-Local Government Recodification Citation: 17-1-14-6 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-4. Meetings of County Fiscal Body; Attendance

Sec. 4. The sheriff shall attend meetings of the county fiscal body when required under IC 36-2-3-6(c).
[Pre-Local Government Recodification Citation: 17-1-24-9 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-5. Duties

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; and
(9) 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;
(2) refuses to be fingerprinted;
(3) withholds information; or
(4) gives false information;
as prescribed in subsection (a)(8), 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.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-5.6. Sex or Violent Offender Registration Fee; Sex or Violent Offender Address Change Fee; Collection and Distribution

Sec. 5.6. (a) The legislative body of a county may adopt an ordinance:
(1) requiring the local law enforcement authority (as defined in IC 11-8-8-2) to collect:
(A) an annual sex or violent offender registration fee; and
(B) a sex or violent offender address change fee; and
(2) establishing a county sex and violent offender administration fund to fund the administration of the sex and violent offender registration system.
(b) If an ordinance is adopted under subsection (a), the legislative body of the county shall establish the amount of the annual sex or violent offender registration fee. However, the annual sex or violent offender registration fee may not exceed fifty dollars ($50).
(c) If an ordinance is adopted under subsection (a), the legislative body of the county shall establish the amount of the sex or violent offender address change fee. However, a sex or violent offender address change fee may not exceed five dollars ($5) per address change.
(d) The legislative body of the county shall determine the manner in which the local law enforcement authority shall collect the annual sex or violent offender registration fee and the sex or violent offender address change fee. However, the annual sex or violent offender registration fee may be collected only one (1) time per year. The sex or violent offender address change fee may be collected each time a sex or violent offender registers an address change with the local law enforcement authority.
(e) The local law enforcement authority shall transfer fees collected under this section to the county auditor of the county in which the local law enforcement authority exercises jurisdiction.
(f) The county auditor shall:
(1) monthly deposit ninety percent (90%) of any fees collected under this section in the county sex and violent offender administration fund established under subsection (a); and
(2) semiannually transfer ten percent (10%) of any fees collected under this section to the treasurer of state for deposit in the state sex and violent offender administration fund under IC 11-8-8-21.
(g) A county fiscal body may appropriate money from the county sex and violent offender administration fund to an agency or organization involved in the administration of the sex and violent offender registry to defray the expense of administering or ensuring compliance with the laws concerning the Indiana sex and violent offender registry.
As added by P.L.216-2007, SEC.53. Amended by P.L.26-2013, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-6. Purchase of Judgment or Allowance Prohibited

Sec. 6. The sheriff may not purchase a judgment or allowance in a court of which the sheriff is an officer.
[Pre-Local Government Recodification Citation: 17-3-5-5.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.90.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-7. Repealed

[Pre-Local Government Recodification Citations: 17-3-5-6; 33-1-6-4.]
As added by Acts 1980, P.L.212, SEC.1. Repealed by P.L.144-1983, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-9. Training School; Attendance; Expenses

Sec. 9. (a) After election and before assuming the duties of office, the sheriff-elect may attend the sessions of a training school that:
(1) offers courses of instruction for sheriffs;
(2) is established by Indiana University, Purdue University, Indiana University and Purdue University, the state police department, or the Indiana sheriffs' association; and
(3) teaches methods of crime detection and offers courses from the state board of accounts on office routine and accounting.
(b) On presentation of proper charges or receipts and with the approval of the county executive, the county auditor may issue the auditor's warrant for the following expenses of the sheriff-elect in attending a school under this section:
(1) Any tuition charged by the school.
(2) A sum for mileage, lodging, and meals, equal to the sum allowed county officers under IC 5-11-14-1.
[Pre-Local Government Recodification Citation: 17-3-9-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.23; P.L.144-1983, SEC.3; P.L.127-2017, SEC.91.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-10. Motor Vehicles; Equipment; Maintenance

Sec. 10. (a) The county shall furnish one (1) automobile and, with the approval of the county executive and the county fiscal body, may furnish additional automobiles, for use by the sheriff in the performance of the sheriff's official duties. The county shall maintain each automobile in service.
(b) The county executive may purchase for and furnish to the sheriff a motor vehicle that seats a driver, two (2) guards, and at least six (6) other persons, and may be equipped for use as an ambulance or used to transport persons in the custody of the sheriff. The county shall maintain the vehicle.
(c) If the county furnishes and maintains a conveyance for the use of the sheriff, it may not grant the sheriff a mileage allowance but may reimburse the sheriff for other expenses relating to the conveyance.
[Pre-Local Government Recodification Citations: 17-3-10-1; 17-3-11-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.92.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-11. Repealed

[Pre-Local Government Recodification Citation: 17-3-11-2.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.126, SEC.2. Repealed by Acts 1981, P.L.309, SEC.115(b).
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-12. Reports; Persons Confined in County Jail; Condition of County Jail; Recommendations

Sec. 12. (a) The sheriff shall file with the appropriate court and, in the case of a person awaiting trial on a criminal charge, with the county prosecuting attorney, a weekly report of each person confined in the county jail. The report must include the confined person's name, the date of commitment, the court or officer ordering the commitment, the criminal charge, conviction, or civil action underlying the commitment, the term of commitment, and whether the person is awaiting trial or serving a term of imprisonment.
(b) The sheriff shall file with the county executive an annual report of the condition of the county jail and any recommended improvements in its maintenance and operation. The report shall also be filed with the county auditor and maintained as a public record.
[Pre-Local Government Recodification Citation: 17-3-5-7.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-13. Protection of Prisoner in Sheriff's Custody; Assistance; Unlawful Killing of Prisoner; Forfeiture of Office; Reinstatement

Sec. 13. (a) Whenever the sheriff has reason to believe that a prisoner in the sheriff's custody is in danger of being unlawfully killed, the sheriff shall order all persons with whom the sheriff can directly communicate to assist in protecting the prisoner. If the sheriff remains unable to protect the prisoner, the sheriff shall notify the governor and ask for the aid of the state in protecting the prisoner.
(b) A sheriff who unlawfully kills a prisoner in the sheriff's custody, or unlawfully permits a prisoner to be killed, forfeits the sheriff's office. The governor shall issue a proclamation declaring the office of the sheriff vacated.
(c) The person who forfeited the office may petition the governor to be reinstated as sheriff. The petition must:
(1) show that the person did everything in the person's power to protect the life of the prisoner and carried out the duties of the sheriff's office pertaining to the protection of prisoners; and
(2) be filed with the governor not more than fourteen (14) days after the date on which the governor declares the office of the sheriff vacated.
If, after a hearing, the governor finds that the person did carry out the duties of the sheriff's office, the governor may reinstate the person in office and issue to the person a certificate of reinstatement. A person who files a petition under this subsection shall give notice to both the prosecuting attorney of the county and the attorney general.
[Pre-Local Government Recodification Citation: 17-3-5-2.1 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.93.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-14. Health Care Services Supplied Persons Under Lawful Detention; Payment Under Insurance of Detainee; Failure or Refusal of Detainee to File Claim

Sec. 14. (a) As used in this section, "accident and sickness insurance policy" means an insurance policy that provides one (1) or more of the types of insurance described as Class 1(b) or 2(a) insurance under IC 27-1-5-1 on an individual basis or a group basis.
(b) As used in this section, "enrollee" has the meaning set forth in IC 27-13-1-12.
(c) As used in this section, "lawful detention" has the meaning set forth in IC 35-31.5-2-186.
(d) As used in this section, "health maintenance organization" has the meaning set forth in IC 27-13-1-19.
(e) An individual who is:
(1) insured under an accident and sickness insurance policy; or
(2) an enrollee under a health maintenance organization;
shall submit a claim under the policy or plan for expenses resulting from health care services that are rendered to the individual while the individual is subject to lawful detention by a county sheriff.
(f) A county sheriff is not obligated to pay for health care services rendered to an individual while in the lawful detention of the sheriff to the extent that payment for the services is available under:
(1) an accident and sickness insurance policy under which the individual is insured; or
(2) a health maintenance organization under which the individual is an enrollee.
(g) If an individual to whom health care services are rendered while subject to lawful detention by a county sheriff fails or refuses to file a claim for payment of expenses resulting from the health care services, a claim for payment of the expenses may be filed by:
(1) the sheriff; or
(2) the health care provider that rendered the services;
on behalf of the individual with the accident and sickness insurance policy under which the individual is insured or the health maintenance organization under which the individual is an enrollee.
As added by P.L.219-1991, SEC.1. Amended by P.L.26-1994, SEC.27; P.L.114-2012, SEC.146.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-15. Prisoners Reimbursing Counties for Costs of Incarceration

Sec. 15. (a) As used in this section, "lawful detention" has the meaning set forth in IC 35-31.5-2-186.
(b) This section applies to a county only if the legislative body for the county elects by ordinance to implement this section.
(c) A person who is:
(1) sentenced under this article for a felony or a misdemeanor;
(2) subject to lawful detention in a county jail for a period of more than seventy-two (72) hours;
(3) not a member of a family that makes less than one hundred fifty percent (150%) of the federal income poverty level; and
(4) not detained as a child subject to the jurisdiction of a juvenile court;
shall reimburse the county for the costs described in subsection (d).
(d) A person described in subsection (c) shall reimburse the county for the sum of the following amounts:
(1) The lesser of:
(A) the per diem amount specified under subsection (e); or
(B) thirty dollars ($30);
multiplied by each day or part of a day that the person is lawfully detained in a county jail or lawfully detained under IC 35-33-11-3 for more than six (6) hours.
(2) The direct cost of investigating whether the person is indigent.
(3) The cost of collecting the amount for which the person is liable under this section.
(e) The county fiscal body shall fix the per diem described in subsection (d)(1)(A) in an amount that is reasonably related to the average daily cost of housing a person in the county jail. If the county transfers the person to another county or the department of correction under IC 35-33-11-3, the per diem is equal to the per diem charged to the county under IC 35-33-11-5.
(f) The county sheriff shall collect the amounts due from a person under this section in conformity with the procedures specified in the ordinance adopted under subsection (b). If the county sheriff does not collect the amount due to the county, the county attorney may collect the amount due.
As added by P.L.123-1998, SEC.2. Amended by P.L.114-2012, SEC.147.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-15.3. Prisoners Reimbursing Counties for Costs of Incarceration; Ohio County

Revisor's Note: See IC 1-1-3.5-8 concerning the effective date of this section as amended by P.L.119-2012, SEC.1.
Sec. 15.3. (a) As used in this section, "lawful detention" has the meaning set forth in IC 35-31.5-2-186.
(b) This section applies only:
(1) to a county having a population of less than seven thousand (7,000); and
(2) if the legislative body for the county elects by ordinance to implement this section.
(c) A person who is:
(1) sentenced under this article for a felony or a misdemeanor;
(2) subject to lawful detention in a county jail for a period of more than six (6) hours;
(3) not a member of a family that makes less than one hundred fifty percent (150%) of the federal income poverty level; and
(4) not detained as a child subject to the jurisdiction of a juvenile court;
shall reimburse the county for the costs described in subsection (d).
(d) A person described in subsection (c) shall reimburse the county for the sum of the following amounts:
(1) The lesser of:
(A) the per diem amount specified under subsection (e); or
(B) fifty dollars ($50);
multiplied by each day or part of a day that the person is lawfully detained in a county jail or lawfully detained under IC 35-33-11-3 for more than six (6) hours.
(2) The direct cost of investigating whether the person is indigent.
(3) The cost of collecting the amount for which the person is liable under this section.
(e) The county fiscal body shall fix the per diem described in subsection (d)(1)(A) in an amount that is reasonably related to the average daily cost of housing a person in the county jail. If the county transfers the person to another county or the department of correction under IC 35-33-11-3, the per diem is equal to the per diem charged to the county under IC 35-33-11-5.
(f) The county sheriff shall collect the amounts due from a person under this section in conformity with the procedures specified in the ordinance adopted under subsection (b). If the county sheriff does not collect the amount due to the county, the county attorney may collect the amount due.
As added by P.L.170-2001, SEC.1. Amended by P.L.114-2012, SEC.148.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-16. Nonreverting County Prisoner Reimbursement Funds; Use of Money in the Fund; Use of Excess Amounts for Costs of Care, Maintenance, and Housing of Prisoners

Sec. 16. (a) If the county legislative body adopts an ordinance electing to implement section 15 of this chapter, the county legislative body shall establish a nonreverting county prisoner reimbursement fund.
(b) All amounts collected under section 15 of this chapter must be deposited in the county prisoner reimbursement fund.
(c) Any amount earned from the investment of amounts in the fund becomes part of the fund.
(d) Notwithstanding any other law, upon appropriation by the county fiscal body, amounts in the fund may be used by the county only for the operation, construction, repair, remodeling, enlarging, and equipment of:
(1) a county jail; or
(2) a juvenile detention center to be operated under IC 31-31-8 or IC 31-31-9.
(e) For a county that has a balance in the fund that exceeds the amount needed for the purposes set forth in subsection (d), the fund may be used by the county for the costs of care, maintenance, and housing of prisoners, including the cost of housing prisoners in the facilities of another county.
As added by P.L.123-1998, SEC.3. Amended by P.L.180-2016, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-16.3. Nonreverting County Prisoner Reimbursement Funds; Ohio County

Sec. 16.3. (a) If the county legislative body adopts an ordinance electing to implement section 15.3 of this chapter, the county legislative body shall establish a nonreverting county prisoner reimbursement fund.
(b) All amounts collected under section 15.3 of this chapter must be deposited in the county prisoner reimbursement fund.
(c) Any amount earned from the investment of amounts in the fund becomes part of the fund.
(d) Notwithstanding any other law, upon appropriation by the county fiscal body, amounts in the fund may be used by the county only for:
(1) operating, constructing, repairing, remodeling, enlarging, and equipping:
(A) a county jail; or
(B) a juvenile detention center to be operated under IC 31-31-8 or IC 31-31-9; or
(2) the costs of care, maintenance, and housing of prisoners, including the cost of housing prisoners in the facilities of another county.
As added by P.L.170-2001, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-17. Maximum Amount of Compensation for Sheriff

Sec. 17. (a) This section applies to the following:
(1) A contract entered into under section 2.5 of this chapter with a sheriff who is elected or reelected to office after November 1, 2010.
(2) Any other form of annual compensation provided to a sheriff who is elected or reelected to office after November 1, 2010.
(b) The total amount of a sheriff's annual compensation from:
(1) the county general fund;
(2) any tax warrant collection fees retained by the sheriff under IC 6-8.1-8-3; and
(3) any other public source;
may not exceed the amount determined under subsection (c). For purposes of this subsection, "any other public source" does not include retirement or disability benefits from a federal, a state, or another state's local governmental retirement or disability program, whether the retirement or disability benefit is based on prior employment by the sheriff or another individual, nor does it include worker's compensation benefits paid to the sheriff.
(c) To determine the maximum amount of a sheriff's annual compensation, a county fiscal body shall determine the sum of the following:
(1) The annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.
(2) The amount of any additional annual salary paid by the county from county sources to a full-time prosecuting attorney in the county.
As added by P.L.40-2008, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-17.4. Incarceration Fees Prohibited Unless the Payor Has Been Convicted of a Crime for Which the Payor Was Incarcerated or Held in Jail

Sec. 17.4. A sheriff or an employee of a jail may not charge an individual a fee for the individual to be incarcerated or held in a jail unless the individual has been convicted of a crime for which the individual was incarcerated or held in the jail.
As added by P.L.83-2008, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-19. Sheriff as Medicaid Authorized Representative; Memorandum of Understanding; Reimbursement; Payment

Sec. 19. (a) This section applies to a person who:
(1) is subject to lawful detention;
(2) incurs or will incur medical care expenses that are not otherwise reimbursable during the lawful detention;
(3) is unwilling or unable to pay for the person's own health care services; and
(4) is potentially eligible for Medicaid (IC 12-15).
(b) For a person described in subsection (a), the sheriff is the person's Medicaid authorized representative and may apply for Medicaid on behalf of the person.
(c) A county executive and the office of the secretary of family and social services shall enter into a written memorandum of understanding providing that the sheriff shall reimburse the office of the secretary for administrative costs and the state share of the Medicaid costs incurred for a person described in this section.
(d) Reimbursement under this section for reimbursable health care services provided by a health care provider, including a hospital, to a person as an inpatient in a hospital must be as follows:
(1) For individuals eligible under the healthy Indiana plan (IC 12-15-44.5), the reimbursement rates described in IC 12-15-44.5-5.
(2) For individuals other than those described in subdivision (1) who are eligible under the Medicaid program, the reimbursement rates provided under the Medicaid program, except that reimbursement for inpatient hospital services shall be reimbursed at rates equal to the fee-for-service rates described in IC 16-21-10-8(a)(1).
Hospital assessment fee funds collected under IC 16-21-10 or the Indiana check-up plan trust fund (IC 12-15-44.2-17) may not be used as the state share of Medicaid costs for the reimbursement of health care services provided to the person as an inpatient in the hospital.
(e) The state share of all claims reimbursed by Medicaid for a person described in subsection (a) shall be paid by the county.
As added by P.L.185-2015, SEC.29. Amended by P.L.30-2016, SEC.44.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-1. Application of Chapter

Sec. 1. This chapter applies to all counties.
[Pre-Local Government Recodification Citation: Ind. Const. Art. 6, § 2.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-1.5. Child Death Pathologist

Sec. 1.5. As used in this chapter, "child death pathologist" means a physician described in IC 16-35-7-3(b).
As added by P.L.225-2007, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-1.8. Vitreous

Sec. 1.8. As used in section 6 of this chapter, "vitreous" means the clear gelatinous substance that fills the eyeball between the retina and the lens.
As added by P.L.193-2018, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-2. Residence; Term of Office

Sec. 2. (a) A county coroner must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The coroner forfeits office if the coroner ceases to be a resident of the county.
(b) The term of office of the county coroner under Article 6, Section 2 of the Constitution of the State of Indiana is four (4) years and continues until a successor is elected and qualified.
[Pre-Local Government Recodification Citations: Acts 1972, P.L.125, SECTION 2; 17-3-1-1 part; 17-3-17-0.1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987, SEC.549.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-3. Commission of Coroner

Sec. 3. The governor shall commission each county coroner.
[Pre-Local Government Recodification Citation: 17-3-17-1 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-4. Duties as County Sheriff

Sec. 4. The coroner shall perform the duties of the county sheriff only in cases in which the sheriff:
(1) is interested or incapacitated from serving; and
(2) has no chief deputy who may perform the sheriff's duties.
[Pre-Local Government Recodification Citations: 17-3-17-1 part; 17-3-17-2 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.24; P.L.127-2017, SEC.94.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-5. Service of Warrant for Arrest of County Sheriff; Custody of Jail and Prisoners

Sec. 5. A warrant for the arrest of the county sheriff shall be served by the coroner or any other person to whom it may be legally directed. The coroner, who shall commit the sheriff to the county jail, has custody of the jail and its prisoners during the imprisonment of the sheriff.
[Pre-Local Government Recodification Citation: 17-3-17-3.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-5.3. Reproduction of Original Coroner's Records; Destruction or Transfer of Reproduced Records; Legal Status of Reproduced Records; Coroner Immunity From Liability Under Records Statute

Sec. 5.3. (a) Notwithstanding IC 5-15-5.1, IC 5-15-6, or any rule, standard, or retention schedule adopted under IC 5-15-5.1 or IC 5-15-6, a coroner may do the following:
(1) Determine the materials, processes, and standards used to:
(A) correctly and accurately reproduce an original record (including producing an electronic record); and
(B) store a reproduction of an original record (including using cloud based document storage);
of the office of the coroner.
(2) At the time determined by the coroner, destroy or transfer an original record to the Indiana state archives after the coroner reproduces the record in accordance with the determination under subdivision (1).
(b) This subsection applies to records concerning a death that is the subject of a criminal investigation or proceeding. Notwithstanding any other provision of this section, a coroner shall retain the original record of the following until final disposition of all appeals:
(1) Coroner's verdict and written report.
(2) Coroner's report containing the identification of the deceased, time and date of death, officers and officials present.
(3) Coroner's autopsy report including the written document of the complete autopsy, photos, video recordings, audio recordings, any health records, and the pathologist's finding, produced by the pathologist.
(4) Scene photographs.
(5) Toxicology report.
(6) Evidence generated by the coroner's office including DNA stain card and suicide notes.
(7) Investigative report or investigative notes.
(8) Coroner's release for cremation.
(9) Chain of custody and property release form.
(10) Clothing and personal property form.
(c) Copies, recreations, or reproductions made under subsection (a):
(1) shall have the same force and effect at law as the original record destroyed under subsection (a)(2); and
(2) shall be received as evidence in any court where the original record could have been so introduced;
if the recreations, copies, or reproductions are properly certified as to authenticity and accuracy by the coroner.
(d) A coroner who destroys an original record in accordance with the authority of the coroner under this section is immune from liability under IC 5-15-6-8.
As added by P.L.73-2023, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-5.5. Duties of Child Death Pathologist

Sec. 5.5. A child death pathologist shall:
(1) consult with a coroner concerning a death described in section 6.3(b) of this chapter;
(2) conduct an autopsy of a child as described in sections 6.3(c) and 6.7(b) of this chapter; and
(3) perform duties described in section 6.7(f) of this chapter.
As added by P.L.225-2007, SEC.11. Amended by P.L.143-2022, SEC.77.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-6.3. Coroner Notification of Child Deaths; Coroner Consultation With Child Death Pathologist; Suspicious, Unexpected, or Unexplained Child Deaths; Autopsy

Sec. 6.3. (a) A coroner shall immediately notify:
(1) the local office of the department of child services by using the statewide hotline for the department; and
(2) either:
(A) the local child fatality review team; or
(B) if the county does not have a local child fatality review team, the statewide child fatality review committee;
of each death of a person who is less than eighteen (18) years of age, or appears to be less than eighteen (18) years of age and who has died in an apparently suspicious, unexpected, or unexplained manner.
(b) If a child less than eighteen (18) years of age dies in an apparently suspicious, unexpected, or unexplained manner, the coroner shall consult with a child death pathologist to determine whether an autopsy is necessary. If the coroner and the child death pathologist disagree over the need for an autopsy, the county prosecuting attorney shall determine whether an autopsy is necessary. If the autopsy is considered necessary, a child death pathologist or a pathology resident acting under the direct supervision of a child death pathologist shall conduct the autopsy within twenty-four (24) hours after the prosecuting attorney notifies the pathologist or pathology resident of the determination. If the autopsy is not considered necessary, the autopsy shall not be conducted.
(c) If a child death pathologist and coroner agree under subsection (b) that an autopsy is necessary, the child death pathologist or a pathology resident acting under the direct supervision of a child death pathologist shall conduct the autopsy of the child.
As added by P.L.225-2007, SEC.13. Amended by P.L.131-2009, SEC.75; P.L.128-2012, SEC.183; P.L.109-2015, SEC.59.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-6.5. Duty to Make Positive Identification; Manner of Positive Identification; Exception; Timely Notification of Next of Kin

Sec. 6.5. (a) As used in this section, "DNA analysis" means an identification process in which the unique genetic code of an individual that is carried by the individual's deoxyribonucleic acid (DNA) is compared to genetic codes carried in DNA found in bodily substance samples obtained by a law enforcement agency in the exercise of the law enforcement agency's investigative function.
(b) As used in this section, "human remains" has the meaning set forth in IC 35-45-19-1.5.
(c) As used in this section, "immediate family member" means, with respect to the human remains of a particular dead person, an individual who is at least eighteen (18) years of age and who is one (1) of the following:
(1) The dead person's spouse.
(2) The dead person's child.
(3) The dead person's parent.
(4) The dead person's grandparent.
(5) The dead person's sibling.
(d) The coroner shall make a positive identification of human remains unless extraordinary circumstances described in subsection (e) exist. In making a positive identification, the coroner shall determine the identity of the human remains by one (1) of the following methods:
(1) Fingerprint identification.
(2) DNA analysis.
(3) Dental record analysis.
(4) Tracking a unique identifying number on a medical device (as defined in IC 24-4-12-7) that is surgically implanted in the dead person's body.
(5) Positive identification by at least one (1) of the dead person's immediate family members if the dead person's body is in a physical condition that would allow for the dead person to be reasonably recognized.
(e) For the purposes of subsection (d), extraordinary circumstances exist if, after a thorough investigation, the coroner determines that identification of the dead person is not possible under any of the five (5) methods described in subsection (d).
(f) Unless extraordinary circumstances described in subsection (e) exist, the coroner shall notify the decedent's next of kin in a timely manner. The coroner shall retain the information derived from any of the methods described in subsection (d) until the decedent's next of kin has been located.
As added by P.L.157-2007, SEC.4. Amended by P.L.45-2019, SEC.1; P.L.47-2019, SEC.6; P.L.211-2019, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-6.7. Autopsies of Children Who May Have Died of Sudden Infant Death Syndrome; Autopsy Reports

Sec. 6.7. (a) This section applies to a child who:
(1) died suddenly and unexpectedly;
(2) was less than three (3) years of age at the time of death; and
(3) was in apparent good health before dying.
(b) A child death pathologist or a pathology resident acting under the direct supervision of a child death pathologist shall conduct an autopsy of a child described in subsection (a).
(c) A county coroner may not certify the cause of death of a child described in subsection (a) until an autopsy is performed at county expense.
(d) The county coroner shall contact the parent or guardian of a child described in subsection (a) and notify the parent or guardian that an autopsy will be conducted at county expense.
(e) A county coroner may not certify the cause of death for an infant described in subsection (a) as a sudden unexplained infant death, including sudden infant death syndrome, until a comprehensive death investigation is performed at the county's expense that includes the following:
(1) Comprehensive autopsy including the following:
(A) Imaging.
(B) Pathology.
(C) Toxicology.
(2) Death scene investigation to include death scene photos.
(3) Submission of the sudden unexplained infant death report form to a child death pathologist.
(f) The child death pathologist shall:
(1) ensure that a tangible summary of the autopsy results is provided;
(2) provide informational material concerning sudden infant death syndrome; and
(3) unless the release of autopsy results would jeopardize a law enforcement investigation, provide notice that a parent or guardian has the right to receive the preliminary autopsy results;
to the parents or guardian of the child within one (1) week after the autopsy.
(g) If a parent or guardian of a child described in subsection (a) requests the autopsy report of the child, the coroner shall provide the autopsy report to the parent or guardian within thirty (30) days after the:
(1) request; or
(2) completion of the autopsy report;
whichever is later, at no cost.
(h) A coroner shall notify:
(1) a local child fatality review team; or
(2) if the county does not have a local child fatality review team, the statewide child fatality review committee;
of the death of a child described in subsection (a).
As added by P.L.225-2007, SEC.14. Amended by P.L.143-2022, SEC.78.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-7. Examination of Witnesses; Service of Physician; Payment

Sec. 7. (a) At an investigation under this chapter, the coroner shall examine persons wanting to testify and may examine persons the coroner has summoned by the coroner's subpoena. Witnesses shall answer under oath all questions concerning the death under investigation.
(b) If a physician is required to attend an investigation and make a post mortem examination, the coroner shall certify this service to the county executive, which shall order payment for the physician from the county treasury.
[Pre-Local Government Recodification Citation: 17-3-17-5.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.95.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-8. Witness Fees

Sec. 8. A witness testifying before a county coroner is entitled to the same fees as a witness testifying in the circuit court for the county.
[Pre-Local Government Recodification Citation: 5-7-9-5.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-9. Witness Testimony

Sec. 9. The testimony of each witness at a coroner's investigation shall be reduced to writing and signed by the witness. The coroner shall, by recognizance in a reasonable sum, bind any witness whose testimony relates to the trial of a person concerned in the death to give evidence in court and shall send the written evidence and recognizance of the witness to the court. The coroner shall commit to the county jail a witness who refuses to enter into the recognizance required by this section.
[Pre-Local Government Recodification Citation: 17-3-17-6.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.96.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-11. Property or Money of Deceased Person Subject to Coroner's Investigation; Found With Body or at Scene of Death; Taking Possession; Publication; Search for Person Entitled; Delivery to County Treasurer or Sheriff

Sec. 11. (a) This section applies to money or other personal property:
(1) owned by a deceased person whose death is subject to a coroner's investigation; or
(2) found:
(A) on a body; or
(B) at the scene of death.
(b) If money or personal property is not claimed by a person entitled to them, the coroner shall do the following:
(1) Take possession of the property.
(2) Publish, in accordance with IC 5-3-1, a description of the deceased and the name of the deceased if known.
(3) Make a reasonable search to find a person who is entitled to the money or other personal property.
(c) If, after complying with subsection (b), the coroner does not know of a person entitled to the money, the coroner shall deliver the money to the county treasurer for deposit in the county general fund.
(d) If, after complying with subsection (b), the coroner does not know of a person entitled to the personal property other than money that has an intrinsic value, the coroner shall deliver the personal property to the sheriff for sale at any auction that the sheriff conducts under law. The sheriff shall deposit the receipts from the auction of the personal property in the county general fund.
[Pre-Local Government Recodification Citations: 17-3-17-8 part; 17-3-17-10.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.45, SEC.11; P.L.141-1992, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-12.5. Coroner Requests to Hospitals for Blood or Tissue Samples

Sec. 12.5. (a) A coroner shall make all reasonable attempts to promptly identify human remains, including taking the following steps:
(1) Photograph the human remains before an autopsy is conducted.
(2) X-ray the human remains.
(3) Photograph items found with the human remains.
(4) Fingerprint the remains, if possible.
(5) Obtain tissue, bone, or hair samples suitable for DNA typing, if possible.
(6) Collect any other information relevant to identification efforts.
(b) A coroner may not dispose of unidentified human remains or take any other action that will materially affect the condition of the remains until the coroner has taken the steps described in subsection (a).
(c) If human remains have not been identified after thirty (30) days, the coroner or other person having custody of the remains shall request the state police to do the following:
(1) Enter information that may assist in the identification of the remains into:
(A) the National Crime Information Center (NCIC) data base; and
(B) any other appropriate data base.
(2) Upload relevant DNA profiles from the remains to the missing persons data base of the State DNA Index System (SDIS) and the National DNA Index System (NDIS) after completion of the DNA analysis and other procedures required for data base entry.
(d) If unidentified human remains are identified as belonging to a missing person, the coroner shall:
(1) notify the law enforcement agency handling the missing persons case that the missing person is deceased; and
(2) instruct the law enforcement agency to make documented efforts to contact family members of the missing person.
(e) No person may order the cremation of unidentified human remains.
As added by P.L.92-2007, SEC.6. Amended by P.L.225-2007, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-13. Immunity From Civil Liability; Autopsy

Sec. 13. A person who in good faith orders or performs a medical examination or autopsy under statutory authority is immune from civil liability for damages for ordering or performing the examination or autopsy.
[Pre-Local Government Recodification Citation: 17-3-17-15.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 14. County Coroner › 36-2-14-14. Repealed

[Pre-Local Government Recodification Citation: 17-3-17-16.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.10-1997, SEC.30. Repealed by P.L.225-2007, SEC.21.