Indiana Ombudsman Bureau Complaint Report (Page 4 of 4) in pdf

Indiana Code § 4-13-1.2

IC 4-13-1.2-1

dealing with an employee of the department of correction;

"Bureau" defined

for the release or disclosure of records to the ombudsman

Sec. 1. As used in this chapter, "bureau" refers to the

under this chapter.

department of correction ombudsman bureau established by

section 3 of this chapter. The term includes individuals

IC 4-13-1.2-7

approved to act in the capacity of ombudsmen by the

Duties of ombudsman; privileged communication

department of correction ombudsman bureau.

Sec. 7. (a) The ombudsman shall do the following:

(1) Establish procedures to receive and investigate

complaints.

IC 4-13-1.2-2

"Ombudsman" defined

(2) Establish access controls for all information maintained

Sec. 2. As used in this chapter, "ombudsman" means an

by the bureau.

employee of the bureau or an individual approved by the

(3) Except as is necessary to investigate and resolve a

bureau to investigate and resolve complaints that the

complaint, ensure that the identity of a complainant will not

department of correction endangered the health and safety of

be disclosed without:

any person, or that the department of correction violated

(A) the complainant's written consent; or

specific laws, rules, or written policies.

(B) a court order.

(b) The correspondence and communication between the

IC 4-13-1.2-3

ombudsman and any person is a privileged communication.

Ombudsman bureau; separate bureau within department

of administration

IC 4-13-1.2-8

Sec. 3. The department of correction ombudsman bureau is

Adoption of rules

established as a separate bureau within the department of

Sec. 8. The bureau may adopt rules under IC 4-22-2

administration.

necessary to carry out this chapter.

IC 4-13-1.2-4

IC 4-13-1.2-9

Appointment of director by governor; technical experts

No civil liability for good faith performance of duties

and other employees

Sec. 9. The ombudsman is not civilly liable for the good faith

Sec. 4. (a) The governor shall appoint a director of the

performance of official duties.

bureau. The governor shall appoint a successor director

within thirty (30) days after a vacancy occurs in the position

IC 4-13-1.2-10

of the director. The director serves at the pleasure of the

Annual report on ombudsman bureau

governor.

Sec. 10. (a) The director of the bureau shall prepare a report

(b) The director may employ technical experts and other

each year on the operations of the bureau.

employees to carry out the purposes of this chapter.

(b) A copy of the report shall be provided to the following:

However, the director may not hire an individual to serve as

(1) The governor.

an ombudsman who has been employed by the department of

(2) The legislative council.

correction during the preceding year.

(3) The department.

(4) The department of correction.

IC 4-13-1.2-5

Powers of ombudsman; report following investigation;

IC 4-13-1.2-11

notice of decision not to investigate

Violations; penalty

Sec. 5. (a) The ombudsman may receive, investigate, and

Sec. 11. A person who:

attempt to resolve complaints that the department of

(1) intentionally interferes with or prevents the completion of

correction:

the work of the ombudsman;

(1) violated a specific law, rule, or department written policy;

(2) knowingly offers compensation to the ombudsman in an

effort to affect the outcome of an investigation or a potential

(2) endangered the health or safety of any person.

investigation;

However, the ombudsman shall not investigate a complaint

(3) knowingly or intentionally retaliates against an offender

from an employee of the department of correction that relates

or another person who provides information to the

to the employee's employment relationship with the

ombudsman; or

department of correction.

(4) makes threats because of an investigation or potential

(b) At the conclusion of an investigation of a complaint, the

investigation against the ombudsman, a person who has filed

ombudsman shall report the ombudsman's findings to the

a complaint, or a person who provides information to the

complainant.

ombudsman;

commits a Class A misdemeanor.

ombudsman shall notify the complainant of the decision not

to investigate and the reasons for the decision.

IC 4-13-1.2-12

Office space for ombudsman bureau

Sec. 12. The department of administration shall provide and

IC 4-13-1.2-6

Access to records and facilities; immunity for release of

maintain office space for the bureau.

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 that are relevant to a complaint or an investigation

conducted by the ombudsman shall provide the ombudsman

with access to the records.

(1) civil or criminal liability; and

(2) actions taken under a professional disciplinary procedure

Indiana Ombudsman Bureau Complaint Report Page 4

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