(a) In addition to the provisions required under IC 36-1-7-3 , a regional jail agreement must include terms concerning the following:
- (1) The location of the regional jail.
- (2) The acquisition, design, financing, construction, leasing, maintenance, repair, operation, termination of operations, and administration of the regional jail.
- (3) The manner in which each participating entity's proportionate share of the funding for the regional jail will be determined.
(4) The manner in which any:
- (A) per diem paid by the state; or
(B) other reimbursement paid by the state;
for the costs of incarcerating individuals in a county jail or the costs of medical care expenses incurred for individuals in a county jail will be used by the participating entities.
- (5) Any pledge of local revenue that will be required to carry out the regional jail agreement or to pay bonds issued or leases entered into by a participating entity to carry out the regional jail agreement.
- (6) The standards that will apply to the regional jail.
- (7) The method of determining the inmate programs, activities, and services that will be provided at the regional jail.
- (8) The method of resolving disputes among the participating entities concerning the regional jail agreement, if any such disputes arise.
(b) Notwithstanding IC 5-23 , if a public-private agreement (as defined in IC 5-23-2-13 ) is entered into to design, finance, construct, maintain, or operate a regional jail, the manner of acquiring, holding, and disposing of real property under the joint agreement may include ownership by the operator of:
- (1) real property on which the regional jail is constructed;
- (2) personal property of the regional jail; and
- (3) all improvements to the regional jail during and after the termination of the public-private agreement.
As added by P.L.184-2018, SEC.11. Amended by P.L.239-2019, SEC.9.