2013 Indiana Code 36-2-13-13. Protection of prisoner in sheriff’s custody; assistance; unlawful killing of prisoner; forfeiture of office; reinstatement
shall order all persons with whom he can directly communicate to assist him in protecting the prisoner. If the sheriff remains unable to protect the prisoner, he 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 his custody, or unlawfully permits such a prisoner to be killed, forfeits his 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 his power to protect the life of the prisoner and carried out the duties of his 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 his office, he may reinstate him in office and issue to him 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.
As added by Acts 1980, P.L.212, SEC.1.