Introduction
Previous Articles in the Odd Cops series have dealt with special deputies, campus cops, railroad cops, and conservation cops. The newcomers to the universe of odd cops are hospital cops, whose existence and authority are warranted by the inexplicably bad behavior seen too often at hospitals and particularly in the Emergency Rooms. Before 2013 hospitals got by with a mix of nonpolice security guards and a few off-duty police officers on their second job. Now our hospitals can establish their very own police departments.
Statutes and Rules
The enabling legislation for hospital police departments is found at IC 16-18-4. Any hospital in Indiana (excepting federal facilities) is authorized under IC 16-18-4-2 to establish a hospital police department by action of its governing board. That board may also “appoint” hospital cops, prescribe duties, prescribe uniforms, and provide emergency vehicles. There is no pre-hire training requirement, but a hospital cop must successfully complete a training course within one year of appointment. The course requires approval of the law enforcement training board though I cannot say whether such training is offered at the Law Enforcement Academy. A further requirement for hospital cops is annual attendance at “inservice training courses” approved by their governing board.
A hospital police department resembles a university or railroad police department in that they are essentially “private” police departments. The CLB remains wary of private police forces. The powers and territorial jurisdiction of hospital cops are described at IC 16-18-4-6 and IC 16-18-4-7. Subject to any limits imposed by a hospital board, its hospital cops may exercise “general police powers,” including the power to arrest persons who commit an offense in the cop’s view. There is no express mention of the power to make a warrantless arrest for a felony upon probable cause when the offense is committed outside the view of the hospital cop. The more interesting aspect of hospital cop authority is its territorial restriction to “property owned, leased, or occupied” by the hospital. Unlike the case of campus cops, there is no provision of law for hospital cops to have expanded territorial jurisdiction at the option of a governing board.
Statutes not applicable to hospital cops include IC 5-2-1-2(1) describing what law enforcement officers are subject to mandatory Law Enforcement Academy training. Hospital cops are likewise omitted from the familiar definitions of “law enforcement officer” at IC 9-13-2-92 and IC 35- 31.5-2-185
I found no administrative rules applicable to the subject of hospital cops.
Advice
To lawyers defending a person arrested by hospital cops I suggest demanding proof of: appointment by the governing board; an oath “in the form and manner prescribed by the governing board;” and satisfaction of training requirements. If, for instance, the hospital board neglected to “prescribe” a particular oath, then its cops may be without authority. For an arrest taking place outside the hospital, make certain that it was on property “owned, leased, or occupied” by the hospital.
There is no review of case law in this Article because I have found none pertaining to hospital police departments.
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