2016 Indiana Code
TITLE 4. STATE OFFICES AND ADMINISTRATION
ARTICLE 13. ADMINISTRATIVE MANAGEMENT OF STATE SERVICES, EMPLOYEES, PURCHASES, AND PROPERTY
CHAPTER 1.2. DEPARTMENT OF CORRECTION OMBUDSMAN BUREAU
Download as PDF
<![CDATA[IC 4-13-1.2
Chapter 1.2. Department of Correction Ombudsman Bureau
IC 4-13-1.2-1
"Bureau" defined
Sec. 1. As used in this chapter, "bureau" refers to the department
of correction ombudsman bureau established by section 3 of this
chapter. The term includes individuals approved to act in the
capacity of ombudsmen by the department of correction ombudsman
bureau.
As added by P.L.292-2001, SEC.2.
IC 4-13-1.2-2
"Ombudsman" defined
Sec. 2. As used in this chapter, "ombudsman" means an employee
of the bureau or an individual approved by the bureau to investigate
and resolve complaints that the department of correction endangered
the health and safety of any person, or that the department of
correction violated specific laws, rules, or written policies.
As added by P.L.292-2001, SEC.2.
IC 4-13-1.2-3
Ombudsman bureau; separate bureau within department of
administration
Sec. 3. The department of correction ombudsman bureau is
established as a separate bureau within the department of
administration.
As added by P.L.292-2001, SEC.2.
IC 4-13-1.2-4
Appointment of director by governor; technical experts and other
employees
Sec. 4. (a) The governor shall appoint a director of the bureau.
The governor shall appoint a successor director within thirty (30)
days after a vacancy occurs in the position of the director. The
director serves at the pleasure of the governor.
(b) The director may employ technical experts and other
employees to carry out the purposes of this chapter. However, the
director may not hire an individual to serve as an ombudsman who
has been employed by the department of correction during the
preceding year.
As added by P.L.292-2001, SEC.2.
IC 4-13-1.2-5
Powers of ombudsman; reports, notices, and recommendations
following report; notice of decision not to investigate; evidence of
crimes
Sec. 5. (a) The ombudsman may receive, investigate, and attempt
Indiana Code 2016
to resolve complaints that the department of correction:
(1) violated a specific law, rule, or department written policy;
or
(2) endangered the health or safety of any person.
However, the ombudsman shall not investigate a complaint from an
employee of the department of correction that relates to the
employee's employment relationship with the department of
correction.
(b) At the conclusion of an investigation of a complaint, the
ombudsman shall report the ombudsman's findings to the
complainant.
(c) If the ombudsman does not investigate a complaint, the
ombudsman shall notify the complainant of the decision not to
investigate and the reasons for the decision.
(d) The ombudsman shall create a monthly report that includes a
summary of the findings of all substantiated complaints.
(e) The ombudsman may conduct investigations of alleged
violations of department of correction policy, state or federal laws,
and department of correction administrative rules at any department
of correction facility.
(f) The ombudsman may recommend changes to the commissioner
of the department of correction concerning department of correction
policies or practices based upon information learned or observations
made by the ombudsman during the course of an investigation.
(g) If the ombudsman discovers evidence that the ombudsman
reasonably believes constitutes the commission of a crime, the
ombudsman immediately shall, if the ombudsman considers it
appropriate, inform the commissioner of the department of
correction, who shall conduct an investigation. If, after conducting
the investigation, the commissioner has reasonable suspicion to
believe that a crime has been committed, the commissioner shall:
(1) if the crime involves any person who is not an offender,
immediately report the crime to an appropriate law enforcement
agency; and
(2) if no person other than an offender is involved in the crime,
immediately report the crime to an appropriate law enforcement
agency if the commissioner believes that the prison disciplinary
process is not appropriate.
As added by P.L.292-2001, SEC.2. Amended by P.L.69-2014, SEC.1.
IC 4-13-1.2-6
Access to records and facilities; immunity for release of records
Sec. 6. (a) An ombudsman shall be given:
(1) appropriate access to the records of an offender who files a
complaint under this chapter; and
(2) immediate access to any correctional facility administered
or supervised by the department of correction.
(b) A state or local government agency or entity that has records
Indiana Code 2016
that are relevant to a complaint or an investigation conducted by the
ombudsman shall provide the ombudsman with access to the records.
(c) A person is immune from:
(1) civil or criminal liability; and
(2) actions taken under a professional disciplinary procedure
dealing with an employee of the department of correction;
for the release or disclosure of records to the ombudsman under this
chapter.
As added by P.L.292-2001, SEC.2.
IC 4-13-1.2-7
Duties of ombudsman; privileged communication
Sec. 7. (a) The ombudsman shall do the following:
(1) Establish procedures to receive and investigate complaints.
(2) Establish access controls for all information maintained by
the bureau.
(3) Except as is necessary to investigate and resolve a
complaint, ensure that the identity of a complainant will not be
disclosed without:
(A) the complainant's written consent; or
(B) a court order.
(b) The correspondence and communication between the
ombudsman and any person is a privileged communication.
As added by P.L.292-2001, SEC.2.
IC 4-13-1.2-8
Adoption of rules
Sec. 8. The bureau may adopt rules under IC 4-22-2 necessary to
carry out this chapter.
As added by P.L.292-2001, SEC.2.
IC 4-13-1.2-9
No civil liability for good faith performance of duties
Sec. 9. The ombudsman is not civilly liable for the good faith
performance of official duties.
As added by P.L.292-2001, SEC.2.
IC 4-13-1.2-10
Annual report on ombudsman bureau
Sec. 10. (a) The director of the bureau shall prepare a report each
year on the operations of the bureau.
(b) A copy of the report shall be provided to the following:
(1) The governor.
(2) The legislative council.
(3) The department.
(4) The department of correction.
A report provided under this subsection to the legislative council
must be in an electronic format under IC 5-14-6.
Indiana Code 2016
As added by P.L.292-2001, SEC.2. Amended by P.L.28-2004,
SEC.40.
IC 4-13-1.2-11
Violations; penalty
Sec. 11. A person who interferes with the ombudsman is subject
to criminal prosecution under IC 35-44.2-1-4.
As added by P.L.292-2001, SEC.2. Amended by P.L.126-2012,
SEC.9.
IC 4-13-1.2-12
Office space for ombudsman bureau
Sec. 12. The department of administration shall provide and
maintain office space for the bureau.
As added by P.L.292-2001, SEC.2.
Indiana Code 2016
]]>
Disclaimer: These codes may not be the most recent version.
Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
