Sec. 3. (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.
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