Ind. Code § 35-33-11-2
Judicial review of an order transferring an inmate
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2025
As of January 1, 2018
Sec. 2. The inmate or receiving authority is entitled to a posttransfer hearing upon request. The inmate may refuse a transfer if the only issue is his personal safety.
Sec. 2. (a) At any time after the issuance of an order transferring an inmate under this chapter:
(1) a sheriff;
(2) the prosecuting attorney;
(3) the inmate or inmate's attorney; or
(4) the department of correction;
may file a motion with the court for review of the order to determine whether the conditions described in section 1(b) of this chapter no longer exist, or if any other circumstances require termination of the order. The court shall hold a hearing on the motion and issue an order confirming or terminating the placement of the inmate.
(b) If at any other time the court finds that the circumstances which necessitated a transfer under this chapter no longer exist, it shall order the sheriff to return the inmate to the county jail from which the inmate was transferred.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.