CHAPTER 1.2. DEPARTMENT OF CORRECTION OMBUDSMAN BUREAU

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 departmentof correction ombudsman bureau established by section 3 of thischapter. The term includes individuals approved to act in thecapacity of ombudsmen by the department of correction ombudsmanbureau.
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 employeeof the bureau or an individual approved by the bureau to investigateand resolve complaints that the department of correction endangeredthe health and safety of any person, or that the department ofcorrection 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 ofadministration
    Sec. 3. The department of correction ombudsman bureau isestablished as a separate bureau within the department ofadministration.
As added by P.L.292-2001, SEC.2.

IC 4-13-1.2-4
Appointment of director by governor; technical experts and otheremployees
    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. Thedirector serves at the pleasure of the governor.
    (b) The director may employ technical experts and otheremployees to carry out the purposes of this chapter. However, thedirector may not hire an individual to serve as an ombudsman whohas been employed by the department of correction during thepreceding year.
As added by P.L.292-2001, SEC.2.

IC 4-13-1.2-5
Powers of ombudsman; report following investigation; notice ofdecision not to investigate
    Sec. 5. (a) The ombudsman may receive, investigate, and attemptto 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 anemployee of the department of correction that relates to theemployee's employment relationship with the department ofcorrection.
    (b) At the conclusion of an investigation of a complaint, theombudsman shall report the ombudsman's findings to thecomplainant.
    (c) If the ombudsman does not investigate a complaint, theombudsman shall notify the complainant of the decision not toinvestigate and the reasons for the decision.
As added by P.L.292-2001, SEC.2.

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 acomplaint under this chapter; and
        (2) immediate access to any correctional facility administeredor supervised by the department of correction.
    (b) A state or local government agency or entity that has recordsthat are relevant to a complaint or an investigation conducted by theombudsman 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 proceduredealing with an employee of the department of correction;
for the release or disclosure of records to the ombudsman under thischapter.
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 bythe bureau.
        (3) Except as is necessary to investigate and resolve acomplaint, ensure that the identity of a complainant will not bedisclosed without:
            (A) the complainant's written consent; or
            (B) a court order.
    (b) The correspondence and communication between theombudsman 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 tocarry 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 faithperformance 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 eachyear 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 councilmust be in an electronic format under IC 5-14-6.
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:
        (1) intentionally interferes with or prevents the completion ofthe work of the ombudsman;
        (2) knowingly offers compensation to the ombudsman in aneffort to affect the outcome of an investigation or a potentialinvestigation;
        (3) knowingly or intentionally retaliates against an offender oranother person who provides information to the ombudsman; or
        (4) makes threats because of an investigation or potentialinvestigation against the ombudsman, a person who has filed acomplaint, or a person who provides information to theombudsman;
commits a Class A misdemeanor.
As added by P.L.292-2001, SEC.2.

IC 4-13-1.2-12
Office space for ombudsman bureau
    Sec. 12. The department of administration shall provide andmaintain office space for the bureau.
As added by P.L.292-2001, SEC.2.