Section 210 IAC 3-1-1 - DefinitionsAuthority: IC 11-8-2-5; IC 11-12-4-1
Affected: IC 11-8-2-1; IC 11-12-4-2
Sec. 1.
(a) "Administrative segregation" means the physical separation of inmates who are: (1) determined to be mentally ill;(3) assaultive or violent;(4) undergoing a disciplinary investigation; or(5) likely to need protection from other inmates; where separation is determined to be necessary in order to protect the welfare of prisoners and staff.(b) "Arrestee" means a newly detained inmate awaiting arraignment.(c) "Bed" means a permanently installed fixture used for sleeping that is elevated at least twelve (12) inches off the floor.(d) "Chronic care" means medical service rendered to an inmate over a long period of time, for example, but not limited to, the treatment of:(e) "Commissioner" means the chief executive of the department.(f) "Contraband" means property that, if in possession of an arrestee or inmate, is a violation of Indiana or federal law.(g) "Convalescent care" means medical service rendered to an inmate to assist in the treatment of illness or injury.(h) "Department" means the department of correction established under IC 11-8-2-1.(i) "Director, detention services" means the staff member appointed as the commissioner's designee and agent who shall do the following:(1) Supervise the jail inspectors.(2) Oversee the inspection of all jails.(3) Ensure reports are properly prepared and distributed.(4) Provide technical assistance to counties upon request.(j) "Disciplinary segregation" means the assigned status of an inmate, as a consequence or means of control for violation of jail rules, following due process protections, including a hearing and the right to present a defense or a guilty plea by the inmate, which consists of confinement in a cell, room, or other housing unit separate from inmates who are not on disciplinary segregation status.(k) "Disturbance" means any unauthorized inmate activity that disrupts the normal operation of a jail.(l) "Emergency care" means care for an acute illness or unexpected health care need that cannot be deferred until the next scheduled sick call or physician's visit.(m) "Indigent" means any inmate with a balance below the amount established by the sheriff in the inmate's trust account.(n) "Inmate" means a person who is confined in a jail.(o) "Inspection" means an on-site visit to a jail by an inspector serving as an agent of the commissioner.(p) "Jail" means any secure county operated or privately contracted detention facility used to confine arrestees and inmates.(q) "Jail administrator", unless expressly stated otherwise, means a sheriff or another individual who has been assigned, designated, or delegated full-time responsibility and authority for the administration and operation of the jail by the sheriff.(r) "Jail officer" means a sheriff's employee whose primary duties are the daily or ongoing supervision of inmates.(s) "Major disturbance" means a disruption in the normal operation of the jail that threatens: (1) staff control of the inmates; or(2) the safety or security of the jail.(t) "Medically trained personnel" means those jail staff that have been trained by the appropriate health care provider, to perform a specific medical function that does not require an independent medical judgment.(u) "Medical preventive maintenance" means health education, medical services, and instruction in self-care for chronic conditions.(v) "Notice of noncompliance" means the report prepared and distributed by the jail inspector, which shall be deemed as statutory notice of noncompliance in accordance with IC 11-12-4-2.(w) "Obscene materials" means material that, to the average person when applying contemporary standards, appeals to the prurient interest, which depicts or describes sexual conduct that, when taken as a whole, lacks serious literary, artistic, political, or scientific value.(x) "Operational capacity" means the total number of beds, including those located in temporary holding areas such as the following:(y) "Crowding" means the total number of inmates exceeds the capacity of a jail.(z) "Policy" means a statement declaring the following:(3) Ideological position. (aa) "Procedure" means a statement establishing the action plan to accomplish the policy.(bb) "Prohibited property" means property, other than contraband:(1) the sheriff does not permit an inmate to possess;(2) that exceeds the quantity of authorized property; or(3) that is the personal or authorized property of another inmate. Property that an inmate is otherwise permitted to possess may become prohibited property if it has been altered or due to the means by which it is possessed or used.
(cc) "Physician" means an individual holding a license to practice medicine in Indiana.(dd) "Publishers only rule" means the material mailed to an inmate directly from the publisher, distributor, or an accredited institution of higher learning.(ee) "Qualified medical personnel" means individuals engaged in the delivery of a medical or health care service who have been licensed, certified, or otherwise properly qualified under the laws of Indiana applicable to that particular service.(ff) "Rated bed capacity" means the total number of permanently installed beds.(gg) "Secured perimeter" means that portion of a jail in which inmates are secured and inmate movement is controlled by staff.(hh) "Strip search" means the purposeful observation of the unclothed body, based on reasonable suspicion, for the purpose of:(1) detecting contraband; or(2) deterring the introduction of contraband into the jail.(ii) "Temporary holding" means the status assigned to the following:(1) Newly admitted inmates.(2) Inmates in padded cells and detoxification cells.(jj) "Unusual occurrence" means any significant incident or disruption of normal jail procedures, policies, routines, or activities, such as the following: (9) Any other violation of jail rules or state laws.Department of Correction; 210 IAC 3-1-1; filed Jul 27, 1981, 10:30 a.m.: 4 IR 1808; readopted filed Nov 15, 2001, 10:42 a.m.: 25 IR 1269; readopted filed Jul 6, 2007, 2:54 p.m.: 20070725-IR-210070277RFA; filed Sep 11, 2012, 2:30 p.m.: 20121010-IR-210110741FRAReadopted filed 10/2/2018, 8:46 a.m.: 20181031-IR-210180366RFA