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Ombudsman

Ombudsman History:

 

Ombudsman is a Swedish word meaning “Representative of the People”. Intended to protect the rights of individuals against the abuse of royal power. 1800s Sweden. 

 

The first Ombudsman office for corrections was established by executive order in Minnesota in 1972 by Governor Wendall Anderson as an independent agency in the executive branch, and later in 1973 by the legislature as an independent agency. Connecticut has a similar system to Minnesota.  New Jersey, South Carolina, Kentucky, Ohio, and New York employ ombudsmen with the correctional bureaucracy.  Michigan and Kansas are in start-up phases of similar programs. 

 

Minnesota- The Ombudsman office has the authority to take and investigate complaints from or about any DOC facility, or staff that is charged with the care and custody of inmates in any regional or local corrections facility licensed by the MN DOC. 

 

The office was eliminated by the 2003 legislature and recreated in 2019 by enacting statutes 241.90-95.  The ombuds staff are given “ The authority to investigate decisions, acts and other matters of the DOC so as to promote the highest attainable standards of competence, efficiency, and justice in the administration of corrections.” 

 

In Minnesota this position is appointed by the Governor.  We believe this position is very important and it should also have to be confirmed by the appropriate legislative committees.   

 

In MN the Ombuds office is a subdivision of the commissioner’s office.  It has 5 employees and handles complaints from 11 prisons and 75 local jails.  In 2022 they received 380 complaints and conducted 50 investigations.  They also conduct systemic investigations.    

MN FY2022 Ombuds Budget $659,000. 1/10 of the MN DOC budget. 

 

All prisons and local jails are inspected by the Commissioner’s office at least once every 2 years in Minnesota. 

 

Wisconsin Ombudsman Proposal:

 

The Ombudsperson shall be appointed by the Governor's office and confirmed by the legislature. The Ombudsman office shall have the authority to take and investigate complaints from or about any DOC facility, or staff that is charged with the care and custody of inmates in any regional or local corrections facility in the state of Wisconsin. 

 

Goal of Ombudsman Office In Wisconsin: 

• To help insure humane conditions, addressing neglect and mistreatment while providing accountability for decisions, policies, and actions taken by the WI DOC. 

• An Ombuds system would also hold the ICE complaint system in check by reviewing decisions or actions taken because inmate complaints must complete the internal complaint process first in its entirety before an Ombuds complaint may be filed.  

• An independent agency to investigate complaints would offer substantial peace of mind to family, support people, and community members.  The DOC has lost all credibility in the state of Wisconsin. 

• Systemic investigations would be an avenue to bring meaningful and desperately needed change to the WI DOC. 

• Ensure Wisconsin is spending hard earned taxpayer dollars on a system that is humane, with opportunities for rehabilitation, and is not paying people to mistreat and neglect the people WE care about. 

 

Powers of Ombudsperson: The investigation of complaints, action on complaints, and proposed recommendations for policy changes. 

• Prescribe methods for complaints, submission and reviews, as long as they do not require any fees. 

• The office determines the scope and manner of investigations to be made.   

• Investigation can be started after a complaint or upon personal initiative any action of an administrative agency.   

• Ombuds office is given access to any information deemed necessary to complete duties even if the information is determined sensitive or classified by the institution.  

• The ombudsperson shall enter and inspect premises within the control of an administrative agency at any time. 

• Ombudsperson shall be given the authority to subpoena information, documents or testimony. 

• Ombudsperson shall refer criminal conduct to the appropriate agency.  

• Ombudsperson when finding statute violations shall contact the Governor's office and the legislature. 

• Ombudsperson can not be removed from offices without an act of malice or gross negligence.  

 

Matters Appropriate for Investigation: 

• Matters contrary to law or rule. 

• Unreasonable, unfair, oppressive, inconsistent with any policy or judgment of an administrative agency. 

• Matters mistaken in law or arbitrary in the ascertainment of facts. 

• Unclear or inadequately explained when reasons should have been revealed or were inefficiently performed.  

 

Investigation Report: After completing investigations all parties are to be notified of actions taken. 

• Letters from inmates with official complaint forms obtained from the library must arrive unopened.  Responses from the Ombuds offices must also arrive to the inmate unopened. 

• Absolutely no retaliation to complaint filers will be tolerated. 

• Valid Complaints after investigations are complete the Ombuds office may make recommendations to the administration and it should: 

-Consider the matter further. 

-Modify or cancel its actions. 

-Alter a ruling. 

-Explain more fully the action in question or 

-Take any other step that the Ombuds office recommends or the reason for not complying with   it. 

• A response from the agency is required within 30 days on how or why they are responding to the recommendations.  Response to Governor's office, DOC Secretary, all involved parties, and then made available to the public. 

• The Ombudsman office shall also release an annual report on investigations and release it to the public. 

 

Who can use Ombuds: families, community members, staff, contractors, and inmates.   

• Inmates and staff must complete an internal complaint process before an Ombudsman complaint can be filed.   

• Family, contractors, and community members do not have a “chain of command” to follow and shall be allowed to file a complaint at any time online or by mail. 

 

Systemic Investigations- Take time but the reward is bettering of the entire system. 

Family and Friends pilot programs, cost of connections, shower accommodations, sexual assault, discipilary practices,visit restrictions, drug testing, contraband from correctional officers, property, grievances polices, strengthening family support… 

 

Wisconsin Ombudsman Recommendation-  

• One Ombudsman Person with an assistant Ombudsman for each of the 8 regions in Wisconsin. 

• Due to the overcrowding and high population of WI prisons/jails we recommend each assistant employ 5 staff to help with initial investigations. Approx 50 employees. 

• MN FY2022 5 Employees $659,000. WI would need to employee 10x that number costing $6,590,000 by MN standards. 

• Cost easily covered by WI by just freezing crimeless revocation for 1 month in Wisconsin. 

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