AN ACT to amend the Indiana Code concerning corrections and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-13-1-4, AS AMENDED BY SEA 153-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 4. The department shall, subject to this chapter,
do the following:
(1) Execute and administer all appropriations as provided by law, and execute and administer all provisions of law that impose duties and functions upon the executive department of government, including executive investigation of state agencies supported by appropriations and the assembly of all required data and information for the use of the executive department and the legislative department.
(2) Supervise and regulate the making of contracts by state agencies.
(3) Perform the property management functions required by IC 4-20.5-6.
(4) Assign office space and storage space for state agencies in the manner provided by IC 4-20.5-5.
(5) Maintain and operate the following for state agencies:
(A) Central duplicating.
(C) Machine tabulating.
(D) Mailing services.
for the longer term. This subdivision does not include the power
to grant or issue permits or leases to explore for or take coal, sand,
gravel, stone, gas, oil, or other minerals or substances from or
under the bed of any of the navigable waters of the state or other
lands owned by the state.
(11) Have charge of all central storerooms, supply rooms, and warehouses established and operated by the state and serving more than one (1) agency.
(12) Enter into contracts and issue orders for printing as provided by IC 4-13-4.1.
(13) Sell or dispose of surplus property under IC 5-22-22, or if advantageous, to exchange or trade in the surplus property toward the purchase of other supplies, materials, or equipment, and to make proper adjustments in the accounts and inventory pertaining to the state agencies concerned.
(14) With respect to power, heating, and lighting plants owned, operated, or maintained by any state agency:
(B) regulate their operation; and
(C) recommend improvements to those plants to promote economical and efficient operation.
(15) Administer, determine salaries, and determine other personnel matters of the department of correction ombudsman bureau established by IC 4-13-1.2-3.
SECTION 2. IC 4-13-1.2 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
Chapter 1.2. Department of Correction Ombudsman Bureau
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.
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.
Sec. 3. The department of correction ombudsman bureau is established as a separate bureau within the department of administration.
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.
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.
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.
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
(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.
Sec. 8. The bureau may adopt rules under IC 4-22-2 necessary to carry out this chapter.
Sec. 9. The ombudsman is not civilly liable for the good faith performance of official duties.
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.
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.
Sec. 12. The department of administration shall provide and maintain office space for the bureau.
SECTION 3. IC 11-8-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) The board shall:
(1) adopt rules for the conduct of its own business;
(2) approve or disapprove, before adoption, any rule to be adopted by the department under IC 4-22-2;
(3) approve or disapprove, before implementation, any resolution,
or directive, or other statement of the department, relating
including the commissioner, regardless of its name or
designation, that relates to departmental organization or policy,
including general internal organization, policies, standards, or
procedures applicable to one (1) or more facilities, programs,
or categories of persons under the jurisdiction of the
department, employees, or contractors; and
(4) keep records of all its official actions and make them accessible according to law.
(b) The board may:
(1) appoint temporary advisory committees for any purpose;
(2) visit and inspect, without notice, any facility or program of the department, either individually or collectively, to examine the affairs and condition of the department; and
(3) exercise any other power reasonably necessary in discharging its duties and powers.
(c) The board has no direct administrative or executive powers other than those granted by this section.
(d) For purposes of IC 4-22-2, the term "rule" as used in subsection (a)(1) relates solely to internal policy, organization, and procedure not having the force of law.
(e) This section shall be liberally construed for conduct of the board after June 30, 2001, to implement the intent of the general assembly, as first stated in the commentary to the proposed final draft of the correctional code published by the correctional code commission in October 1977, to place policy authority in a seven (7) member board of correction rather than a single department head.
SECTION 4. IC 11-8-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) The department may, under IC 4-22-2, classify as confidential the following personal information maintained on a person who has been committed to the department or who has received correctional services from the department:
(1) Medical, psychiatric, or psychological data or opinion which might adversely affect that person's emotional well-being.
(2) Information relating to a pending investigation of alleged criminal activity or other misconduct.
(3) Information which, if disclosed, might result in physical harm to that person or other persons.
(4) Sources of information obtained only upon a promise of confidentiality.
(5) Information required by law or promulgated rule to be maintained as confidential.
employee of the department that relates to the employee's
employment relationship with the department.
SECTION 6. IC 34-30-2-39.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 39.3. IC 4-13-1.2-6 (Concerning a person who releases information to the department of correction ombudsman).
SECTION 7. IC 34-30-2-39.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 39.5. IC 4-13-1.2-9 (Concerning the department of correction ombudsman).
SECTION 8. [EFFECTIVE JULY 1, 2001] (a) A bylaw adopted by the board of correction before October 1, 1980, (the date on which the enactment of IC 11-8-2-3 became effective) is void.
(b) IC 11-8-2-3, as amended by this act, applies only to resolutions, directives, and other statements of the department of correction, including the commissioner, adopted or amended after June 30, 2001. However, the board of correction may review and make recommendations for change for any resolution, directive, or other statement of the department of correction, including the commissioner, relating to departmental organization or policy.