Upon petition by the sheriff alleging that:(1) the local penal facility is overcrowded or otherwise physically inadequate to house inmates; and(2) another sheriff or the commissioner of the department of correction has agreed to accept custody of inmates from the sheriff;the court may order inmates transferred to the custody of the person who has agreed to accept custody. Whenever a transfer order is necessary under this section, only inmates serving a sentence after conviction for a crime may be transferred, unless the overcrowding or inadequacy of the facility also requires transfer of inmates awaiting trial or sentencing.As added by Acts 1981, P.L.298, SEC.2.
Indiana Legal Code