Office of the Corrections Ombuds. The Office of the Corrections Ombuds (OCO) was created in 2018 as an independent and impartial office in the Governor's Office to:
The OCO's statutory duties and responsibilities include, among other duties:
The OCO may initiate and attempt to resolve an investigation on its own initiative or upon receipt of a complaint regarding abuse or neglect, DOC decisions or administrative actions, inactions or omissions, policies, rules, or procedures, or alleged violations of law by DOC that may adversely affect the health, safety, welfare, and rights of incarcerated individuals.
Correspondence and communication with the OCO is confidential and must be protected as privileged correspondence in the same manner as legal correspondence or communication.
The OCO must have reasonable access to correctional facilities at all times necessary to conduct a full investigation of an incident of abuse or neglect. The OCO must have reasonable access to areas of department facilities used or accessible by incarcerated individuals and to programs for incarcerated individuals at reasonable times for purposes of providing information about individual rights and the OCO's available services, monitoring compliance with respect to the rights and safety of incarcerated individuals, and inspecting, viewing, photographing, and video recording all areas of the facility used by or are accessible to incarcerated individuals.
Subject to appropriations, the Governor must convene an Advisory Board (Board) to the OCO by December 1, 2024. The Board must help the OCO create a priority setting process and will provide input on priorities each year. The Board must receive briefings or reports from the OCO relating to deidentified data, trends, and other relevant issues, and make recommendations to the OCO. The Board does not participate in any OCO investigations and is not authorized to receive confidential records. The Board may issue its own report to the Governor and Legislature with recommendations on the OCO's performance, budget, and changes in law that would enhance the OCO's effectiveness.
The Governor must appoint Board members. The Governor may consider the recommendations of the OCO when making appointments. The Board must consist of the following 11 members:
In making appointments, the Governor must strive to reflect the racial and ethnic makeup of persons incarcerated at DOC. Any vacancies on the Board must be filled in the same manner as the original appointments.
Board members may serve up to two consecutive terms of two years. The Board must create and implement a system of staggered terms. The Board will designate two co-chairs by vote, and one must be currently or formerly incarcerated.
Eligible Board members, including persons currently incarcerated, must receive stipends. DOC must work with the OCO to develop a process where currently incarcerated and eligible Board members may be paid stipends for their participation.
The Board must convene at least quarterly and is subject to the Open Meetings Act. The OCO must provide administrative and clerical assistance to the Board. Board members must complete training to utilize an antiracist lens in their duties as Board members.