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2019 Op. Ind. Att'y Gen. 1 (2019)

handle is hein.sag/sagin0138 and id is 1 raw text is: 





STATE OF INDIANA             OFFICE OF T'1 rro.TNiY GENERAL                  CURTIs T. fhLL, Ji.
                         302 IVEST WASHINGTON STIIIIuT, IGCS 5TH Fiooat  ATTORNEY GENERAL
                                  INI)1ANA'OLI, TN IDIANA 46204

                                                        January 9, 2019


 OFFICIAL OPINION 2019-1

 The Honorable Tom Saunders
 Indiana House of Representatives
 Third Floor State House
 Indianapolis, IN 46204

        RE: Regional Jails and Cooperative Agreements

 Dear Representative Saunders:

        You asked whether there is sufficient statutory authority for the establishment of regional
 jails contemplated by Ind. Code § 11-12-5.5.

                                     BRIEF ANSWER

        Indiana's current statutes authorize counties to establish regional jails and describe steps
 necessary to accomplish this objective. The statutes are sufficiently broad to allow counties
 acting pursuant to an interlocal cooperation agreement to contract with a third-party contractor to
 construct, to maintain, and to operate a regional jail.

                                        ANALYSIS

        During the 2018 legislative session, the General Assembly passed HEA 1263, which
 became PL 184-2018 when signed by the Governor (the 2018 Legislation). This legislation
 created, among other things, the framework by which counties can work together in establishing
 and funding a regional jail. The 2018 Legislation requires that each county conduct a feasibility
 study on the construction or reconstruction of a county jail, including:

               (1) The feasibility of housing inmates in the county jail of another county
        or in a multicounty jail established by two (2) or more counties.
               (2) A projection of the county's future jail needs and an estimate of the
        number and characteristics of future inmates.
               (3) An estimate of the costs, tax rates, and debt service amounts that
        would result from each of the alternatives addressed by the feasibility study.

 Ind. Code § 36-1-8-19(c).



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