Section 36-8-10-10.6 - Special deputies with powers of law enforcement officer; appointment; qualifications; duties(a) The sheriff may appoint as a special deputy any person who is employed by a governmental entity as defined in IC 35-31.5-2-144 or private employer, the nature of which employment necessitates that the person have the powers of a law enforcement officer. During the term of the special deputy's appointment and while the special deputy is fulfilling the specific responsibilities for which the appointment is made, a special deputy has the powers, privileges, and duties of a county police officer under this chapter, subject to any written limitations and specific requirements imposed by the sheriff and signed by the special deputy. A special deputy is subject to the direction of the sheriff and shall obey the rules and orders of the department. A special deputy may be removed by the sheriff at any time, without notice and without assigning any cause.(b) The sheriff shall fix the prerequisites of training, education, and experience for special deputies, subject to the minimum requirements prescribed by this subsection. Applicants must:(1) be twenty-one (21) years of age or older;(2) never have been convicted of a felony, or a misdemeanor involving moral turpitude;(3) be of good moral character; and(4) have sufficient training to insure the proper performance of their authorized duties.(c) Except as provided in subsection (d), a special deputy shall wear a uniform the design and color of which is easily distinguishable from the uniforms of the Indiana state police, the regular county police force, and all municipal police and fire forces located in the county.(d) The sheriff may permit a special deputy to wear the uniform of the regular county police force if the special deputy:(1) has successfully completed the minimum basic training requirements under IC 5-2-1;(2) is periodically assigned by the sheriff to duties of a regular county police officer; and(3) is an employee of the department. The sheriff may revoke permission for the special deputy to wear the uniform of the regular county police force at any time without cause or notice.
(e) The sheriff may also appoint one (1) legal deputy, who must be a member of the Indiana bar. The legal deputy does not have police powers. The legal deputy may continue to practice law. However, neither the legal deputy nor any attorney in partnership with the legal deputy may represent a defendant in a criminal case.(f) The sheriff, for the purpose of guarding prisoners in the county jail: (1) in counties not having a consolidated city, may appoint special deputies to serve as county jail guards; and(2) in counties having a consolidated city, shall appoint only special deputies to serve as county jail guards. This subsection does not affect the rights or liabilities accrued by any county police officer assigned to guard the jail before August 31, 1982.
Amended by P.L. 114-2012, SEC. 149, eff. 7/1/2012.As added by P.L. 311-1983, SEC.45. Amended by P.L. 48-1987, SEC.2.