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; report following investigation; notice of
decision not to investigate
Sec. 5. (a) The ombudsman may receive, investigate, and attempt
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. 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 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.
(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. 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 of
the work of the ombudsman;
(2) knowingly offers compensation to the ombudsman in an
effort to affect the outcome of an investigation or a potential
investigation;
(3) knowingly or intentionally retaliates against an offender or
another person who provides information to the ombudsman; or
(4) makes threats because of an investigation or potential
investigation against the ombudsman, a person who has filed a
complaint, or a person who provides information to the
ombudsman;
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 and
maintain office space for the bureau. As added by P.L.292-2001, SEC.2.
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; report following investigation; notice of
decision not to investigate
Sec. 5. (a) The ombudsman may receive, investigate, and attempt
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. 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 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.
(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. 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 of
the work of the ombudsman;
(2) knowingly offers compensation to the ombudsman in an
effort to affect the outcome of an investigation or a potential
investigation;
(3) knowingly or intentionally retaliates against an offender or
another person who provides information to the ombudsman; or
(4) makes threats because of an investigation or potential
investigation against the ombudsman, a person who has filed a
complaint, or a person who provides information to the
ombudsman;
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 and
maintain office space for the bureau. As added by P.L.292-2001, SEC.2.
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; report following investigation; notice of
decision not to investigate
Sec. 5. (a) The ombudsman may receive, investigate, and attempt
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. 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 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.
(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. 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 of
the work of the ombudsman;
(2) knowingly offers compensation to the ombudsman in an
effort to affect the outcome of an investigation or a potential
investigation;
(3) knowingly or intentionally retaliates against an offender or
another person who provides information to the ombudsman; or
(4) makes threats because of an investigation or potential
investigation against the ombudsman, a person who has filed a
complaint, or a person who provides information to the
ombudsman;
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 and
maintain office space for the bureau. As added by P.L.292-2001, SEC.2.
