(b) Each department facility shall be inspected:

1. (1) at least annually by the Indiana department of health if the facility is not accredited by a nationally recognized accrediting organization; and

2. (2) by the department of homeland security in accordance with IC 22-14-2-11 ;

   who shall, within fifteen (15) days of the inspection, file a written report with the commissioner listing all unsafe, unsanitary, or unhealthy conditions within a facility that constitute a menace to the health, safety, and welfare of committed persons or department employees. In determining whether conditions are unsafe, unsanitary, or unhealthy, the Indiana department of health and the department of homeland security shall consider the degree of overcrowding, the light, air, and space available to offenders within a facility, the size and arrangement of rooms and cells, the sanitary facilities, and the extent to which conditions in a facility endanger life or property.

(c) The commissioner shall correct all unsafe, unsanitary, or unhealthy conditions reported by the Indiana department of health or the department of homeland security with reasonable promptness. Failure by the department to initiate and continue action to correct unsafe, unsanitary, or unhealthy conditions within thirty (30) days of receiving a report of those conditions from the Indiana department of health or the department of homeland security constitutes noncompliance with this subsection. Upon such noncompliance, the commissioner shall submit to the reporting agency and the governor a written statement explaining:

1. (1) why the reported condition or conditions have not been remedied;
2. (2) what the estimated cost of remedying the reported condition or conditions would be in terms of construction, renovation, manpower, space, and equipment;
3. (3) whether the reported condition or conditions can be corrected by using facilities of other governmental entities;
4. (4) whether additional state financing is required and, if so, the estimated amount needed; and
5. (5) the probable consequences of not remedying each reported unsafe, unsanitary, or unhealthy condition.

(d) Notwithstanding other provisions of this section, the Indiana department of health and department of homeland security retain authority to correct unhealthy, unsanitary, or unsafe conditions within a facility as provided by law.

As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.2-1992, SEC.112; P.L.156-2011, SEC.5; P.L.56-2023, SEC.81; P.L.28-2026, SEC.19.