Action to compel; injunctive relief; civil penalty; county jail time to cure violation
Ind. Code § 5-2-18.2-5
in effectSec. 5. (a) If the attorney general determines that probable cause exists that a governmental body or a postsecondary educational institution has violated this chapter, the attorney general shall bring an action to compel the governmental body or postsecondary educational institution to comply with this chapter and to seek the relief authorized under subsection (b).
(b) In an action brought under subsection (a), the attorney general may seek to:
(1) enjoin an act or a practice constituting a violation;
(2) impose a civil penalty of not more than ten thousand dollars ($10,000) for each knowing or intentional violation; and
(3) obtain such other relief as is necessary to ensure future compliance with this chapter.
(c) In an action against a county jail for a violation of section 9 of this chapter, the attorney general shall not impose a civil penalty if, during the most recent inspection under IC 11-12-4-2, the department of correction determines that the county jail was in compliance with standards promulgated by the department of correction pursuant to IC 11-12-4-1(a)(5).
(d) Before bringing an action against a county jail for a violation of section 9 of this chapter, the attorney general shall:
(1) consult with the department of correction in order to obtain the results of the most recent inspection of the county jail conducted pursuant to IC 11-12-4-2; and
(2) provide the county jail with notice of the attorney general's probable cause determination.
If, within thirty (30) days of receiving the notice, the county jail provides to the attorney general evidence that the county jail no longer engages in acts or practices that violate section 9 of this chapter, the attorney general may not initiate an action under subsection (a).
(e) The attorney general shall transfer all penalties collected under this chapter to the treasurer of state for deposit in the state general fund.
As added by P.L.171-2011, SEC.2. Amended by P.L.265-2017, SEC.4; P.L.76-2024, SEC.1; P.L.106-2026, SEC.6.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026