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STATE OF MINNESOTA

MBUDSMAN \1o7\J

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_ Pursuant to Minn. Stat. 241.45 Subd. 2

TABLE OF CONTENTSISSUES FACING THE OMBUDSMAN, 1995-96 2ORGANIZATIONAL CHART 5MAPS 6AGENCY CONTACTS & ACTIVITIES 7DESCRIPTION OF CONTACTS 8CLOSED CASES 9CLOSED CASES BY INSTITUTION 10RESPONSE TIME 11OMBUDSMAN CONTACTS BY YEAR 13STATUTE 14

December, 1996

~WJ..~-patricia se\eenombudsman for correcti.ons

Stncere\y,

An EqUIII OpportuniOI Emplo.vtr

D

ISSUES FACING THE OMBUDSMAN, 1995 - 96

DROWNING INCIDENTA county official from ajuvenile detention facilitynotified the Ombudsman thata resident was missing froma swimming activity at a localbeach. A week later the bodyof the resident was found andan autopsy indicated thatthe cause of death wasdrowning.

Following investigation of thisincident, the Ombudsmanmade the following recommen­dations to the facility:

" A definition of the buddysystem be developed andcommunicated to staff.

" At least one staff persontaking residents to thebeach be trained in watersafety skills.

" Residents receive pre­approval from the facilitynurse or doctor if theresident is on any medica­tion which might affect theability to swim or if theresident has a history ofseizures.

" Each staff person involvedin an incident that involvesdeath, escape, physicalinjury or use of forceprepare an incident report.

" Parents be advised thatswimming is part of theHennepin County recreationprogram in their informa­

tion package.

These recommendations wereaccepted and implemented bythe facility in their original orslightly modified form.

The purpose of the Ombudsmanfor Corrections remains thesame today as it was in 1972,when our mission was estab­lished by the State Legislature:to promote the highest attain­able standards of competency,efficiency and justice in theadministration of corrections.Because of that mission, theinvestigatory powers of theOmbudsman for Correction arenecessarily both broad and deep.The power to investigate thor­oughly enables us to not onlyunderstand and resolve griev­ances, but to make recommenda­tions for change and become aproactive voice for safer andmore humane correctional sys­tem. As a result, state and localgovernments can avoid costlylawsuits and lessen the likelihoodof disturbances in institutions.

Our primary work involves under­standing and helping to resolvegrievances from inmates, theirfamilies and outside interestedparties. The majority of com­plaints we investigate are tele­phone contacts from inmates.(See the graph on page 7). Somegrievances are relatively simpleto resolve, such as the issuesrelated to well-established rulesand policies of the institutions.A good example of this is in­mates complaining about medi­cal treatment. In an effort tocontain rising medical expenses,the legislature directed thedepartment to develop a policyrequiring that inmates have acopayment for medical care.

Having the same concerns aboutcosts, many local correctionsfacilities also implementedsimilar policies requiring inmatesto pay for medical treatment.This change in policy is reflectedby the increase in contacts withthe Ombudsman regardingmedical care. The Ombudsmanhas worked with the variousinstitutions in implementingthese new policies.

Other complaints become muchmore far-reaching and systemicin scope. Two of the three majorreports the Ombudsman forCorrections issued during thebiennium involve the issuessurrounding the care of mentallyill inmates. The initial complaintstemmed from the death of aseverely mentally ill inmate atthe segregation unit in StillwaterPrison in 1994. After a thoroughinvestigation, which included thetreatment of mentally ill inmatesat several correctional institu­tions, our office issued tworeports to the Commissioner ofCorrections in August, 1994.These reports were released aspublic reports in September,1995.

In response to the recommenda­tions in these reports, theCommissioner convened a groupof department staff to furtherreview the policies and practicesof the department that relatedto inmates with mental illness.The group made recommenda­tions to the Commissioner whichwere accepted. The recommenda-

2

ISSUES FACING THE OMBUDSMAN, 1995 - 96, CONTINUED

tions were comprehensive as thegroup was directed to look atmany issues. Areas where policychanges have been made include:

• Initial psychiatric assess­ments• Coordination of mental healthcare with other programmingservices• Crisis intervention andmental health emergencies• Criteria for admission to theMental Health Unit

• Ongoing review and evaluationof these services

Our office was pleased with the

opportunity to work with theDepartment of Corrections(DOC) in defining needs, institut­ing new policies and trainingpersonnel. To further assist thisprocess, the Ombudsman forCorrections coordinated atraining session for DOC war­dens, associate wardens, dueprocess and hearing officers,psychologists and other staff tohelp further their educationabout mental illness, competencyand the use of commitment laws.

On average, Ombudsman forCorrections investigators havemore than ten years of experi­ence in correctional institutionsand were proud to be able tooffer their considerable expertiseto investigate, resolve currentproblems, recommend policychanges and assist the DOC inmonitoring results.

Another significant report issuedby our office during the bienniumincluded an overview of theJuvenile Sexual Offender Programat Sauk Centre. We concludedthat:

• The current design of theprogram is comprehensive andcontains the treatment com­ponents that allow for suc­cessful programming for .juvenile sex offenders.

• The institution and theExecutive Office of JuvenileRelease are working togetherto assure that residents havemet their goals and an appro­priate plan has been developedbefore release.

Recommendations were made tothe Department regarding thestaffing of the program toensure that there was appropri­ate therapeutic supervision ofstaff and residents. At the timeof this writing (November 1996),we have been advised that aclinical director has been hired atMCF-Sauk Centre. We will con­tinue to monitor the program atSauk Centre.

During this biennium, the Om­budsman conducted severalother major investigations atlocal juvenile institutions. Theseinvestigations resulted in sys­temic recommendations tolessen the likelihood for recur­rence and improve the safety forresidents and staff. Two of theseinvestigations, "Drowning Inci-

PEPPER SPRAYSeveral residents in juvenilefacilities complained abouthow oleoresin capsicum(pepper spray) was beingused on them. After investi­gating recent incidents, theinvestigator did extensiveresearch on pepper sprayincluding contraindications foruse and staff training on use.As a result, the Ombudsmanmade several recommenda­tions:

• That terminology describ­ing pepper spray as a "non­injurious chemical agent" bechanged to reflect possibleside effects such as nervedamage, loss of protectivereflexes, risk oflaryngospasm and suffoca­tion and risk of skinblistering.

• That situations justifyingthe use of pepper spray beclearly spelled out ingreater detail.

• That procedures fordecontamination after theuse of pepper spray beaddressed.

• That a supervisory reviewbe conducted following anyincident involving the use of

pepper spray.

These recommendations havebeen accepted and are beingincorporated into new policiesin the institutions~

3

ISSUES FACING THE OMBUDSMAN, 1995 - 96, CONTINUED

DISCRIMINATIONThe Ombudsman received acomplaint from a femaleinmate in a county jail whostated that female inmateswere being discriminatedagainst in clothing regula­tions and job placement. Aninvestigator visited thefacility and found that menand not women were allowedto work as "trustees" in thejail. Women were also requiredto wear three heavy garmentswhile exercising, even on veryhot days, so as to not"unduly excite" male inmates.Male inmates were permittedto exercise without theirshirts.

The investigator proposed acompromise of requiringfemale inmates to wear aminimum of a brassiere andt-shirt for upper bodycovering. It was also proposedthat the jail have at least onefemale "trustee", who wouldwork only in the female unit,thus avoiding the securityproblem of having male andfemale inmates workingtogether with little supervi­sion, as well as avoiding adiscrimination lawsuit. The jailaccepted both recommenda­tions.

dent" and "Pepper Spray" arehighlighted on these pages. Eachwas initially brought to ourattention as an isolated inci­dent, yet our investigationsresulted in recommendations forsystemic policy review andchange.

The Ombudsman for Correctionsis also active in the wider role ofombudsman services in thestate of Minnesota and aroundthe world. Patricia Seleen sits onthe Ombudsman Roundtable, anorganization of Minnesota stateombudsman programs whichstrives to create cooperationamong the other ombudsman'soffices, eliminate duplication ofservices and increase informa­tion sharing to save costs. InDecember 1995, the Roundtableissued a public report, "MakingGovernment Responsive toCitizens." The report is anoverview of state ombudsmanprograms and includes recom­mendations for efficiencies.

Our office was pleased to coop­eratively sponsor a trainingprogram for Russian officers.Since most of their work involvesbasic human rights violationssuch as freedom of speech,freedom of religion and freedomof the press, the importance ofthe ombudsman function in thedeveloping world is significant.

A member of the United StatesAssociation of Ombudsman, ouroffice hosted the 1995 annualconference cooperatively with the

Mental Health/Mental Retarda­tion Ombudsman and the CrimeVictim Ombudsman. Both na­tional and international membersrepresenting a wide variety ofombudsman functions werepresent at this very successfulconference.

We also participated in thedevelopment of a segment on theOffice of the Ombudsman forCorrections for public television.A video is available from ouroffice for viewing.

Promoting the highest attainablestandards of competency,efficiency and justice in theadministration of corrections isa mission that takes us from ourongoing work inside the correc­tional institutions to cooperat­ing with other state, nationaland even international agencies.The independence of our agencymakes it possible for us toobjectively report and makerecommendations to resolve theproblems facing inmates asindividuals and to assist theDepartment of Corrections andothers in creating, implementingand maintaining sound, practicaland humane correctional policies.

4

1

OMBUDSMAN FOR CORRECTIONS

ORGANIZATIONAL CHART

OMBUDSMANFOR

CORRECTIONSPatricia A. Seleen

EXECUTIVE I ASSISTANT CLERKOMBUDSMAN TYPIST I

JulieLaura Ochs Daryl E. Lynn Van Bockem

INVESTIGATOR INVESTIGATOR INVESTIGATOR

I- e-

Mary Jo Reiter Elbert Simmons Maxine Regguinti

INVESTIGATOR INVESTIGATOR INVESTIGATOR

I- e-

Diane Grinde Steve Herje Vacant

DIABETIC MENUWhile interviewing a diabeticinmate who had concernsabout his diet and bloodsugar levels, the investigatorfrom the Ombudsman's officelearned that the time framebetween lunch and dinner wasonly about three hours.Because of her extensiveknowledge of diabetes, theinvestigator knew that thisshort period of time betweenmeals makes is difficult fordiabetics to maintain healthyblood sugar levels.

She discussed her concernwith administrative staff atthe facility and made sugges­tions regarding the eatingschedule for diabetic inmates.The institution subsequentlydeveloped and implemented adifferent schedule for meals,blood sugar monitoring andmedication administration fordiabetic inmates.

5

MINNESOTA CORRECTIONAL FACILITIES

MINNESOTA COMMUNITY CORRECTIONS ACT

PARTICIPATING COUNTIES

Participating Counties

KEY-Current Facilities*Future Facilitieso Private Contract Facilities

Prairie Correctionai Facility (PCF) atAppletonCounty Jails in Becker, Ottertail,Blue Earth, Carver, Chisago, Ramsey,Scott and Washington Counties.

Minnesota Community Corrections Act

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*Brainerd_ MCF-Willow River!

Moose Lake

_MCF-Sauk Centre ./_MCF-St. Cloud (.

MCF-Lino Lakes _ *Rush CityMCF-StiliwateP_

MCF-Oak Park Heightso 0

MCF-Shakopee - 0MCF-ReifWing-

Bec'!luse of the inconsisten­cies between the handler'straining and the institution'spolicies, the issue wasdiscussed with administrationand they decided that thehandler and dog would nolonger be allowed inside holdingcells during searches. Thehandler was advised that theinstitution policy is that dogsare to be leashed at all times,except when being used forescape searches.

An investigator spoke with theinstitution about their K-9policy and learned that dogsare only to be unleashed whenthey are being used to searchfor an escaped inmate. Theinvestigator and the Lieuten­ant at Faribault spoke to thedog handler and were toldthat, to avoid having thehandler entangled in the lead,he was taught to alwaysunleash the dog duringsearches and in small spaces.The handler had not beentrained at the institution andwas not aware of their policyregarding unleashing the dog.

As part of their security,Faribault has a K-9 unit whichincludes a certified handlerand a dog. The Ombudsmanreceived a call from an inmatewho complained that while hewas in a holding cell beingstripsearched, the dog wasreleased from its leash.

K-9 UNLEASHED

6

FISCAL YEARS 1995 - 1996 SUMMARY

INITIAL CONTACT WITH THE AGENCY*COMMUNICATION METHODS

CASELOAD SUMMARY FY 1995 1996

Carried Over Cases From Previous Year 165 73

Contacts Received In Year 2484 1869

Information Only Contacts 2967 2651

Total Fiscal Year Caseload 5616 4593

Cases Closed 5543 4472

Cases Carried Over to Next Fiscal Year 73 121

Written indirect 1.0%Personal Direct 3.1%

Personal Indirect 0.3%

Written Direct 22.4%

Teiephone Indirect 7.0"10

Ombudsman Initiated 0.5%

EYE GLASS POLICYWe investigated a complaintfrom an inmate who needednew glasses. He was told hecouldn't get them for sometime because he had trans­ferred from another institu­tion, The investigator learnedthat the policies for eyeexams and obtaining eyeglasses varied widely frominstitution to institution. Thevariance led to frustrationsfor both inmates and healthservices staff who had tointerpret and explain policiesto the inmates.

The investigator recom­mended that the Departmentof Corrections have a unifiedeye glass policy for allinstitutions. The Departmentagreed and has since devel­oped a consistent policy.

"Statistics do not include information only contacts. Pie chart is anaverage for years 1995 and 1996.

7

TYPES AND DESCRIPTIONS OF CONTACTS

The Ombudsman systematically categorizes each contact received tohelp further define the source(s) of changes in both the number andnature of cases and to facilitate yea r-to-yea r comparisons.

CATEGORIES

"H T "OG- YINGThe Ombudsman received acomplaint from a juvenilefacility regarding the use of

"hog-tying" juveniles as amethod of physical restraint.

After investigating thecomplaint, it was found thatthis practice was being usedat two juvenile facilities. TheOmbudsman determined that"hog-tying" was not anacceptable method ofrestraint and recommendedthe facilities discontinue theiruse of this restraint.

Both facilities agreed tocease using the "hog-tying"restraint.

• RELEASE: Concerning anymatter under the jurisdiction ofthe releasing authority, e.g., workrelease, supervised release,special review, etc.

• MEDICAL: Concerning avail­ability of treatment or accessi­bility of a staff physician orother medical professional.

• LEGAL: Involving legal assis­tance or problems with getting aresponse from the Public De­fender or other legal counsel.

• PLACEMENT: Concerning thefacility, area, or physical unit towhich an inmate is assigned.

• PROPERTY: Dealing with loss,destruction, or theft. of personalproperty.

• PROGRAM: Relating totraining, treatment program, orwork assignment.

• DISCRIMINATION: Concerningunequal treatment based uponrace, color, creed, religion, na­tional origin, or sex.

• RECORDS: Concerning dataon inmate or staff files.

• RULES: Regarding administra­tive policies establishing regula­tions which an inmate, staffmember, or other person af­fected by the operation of afacility or program is expectedto follow, e.g., visits, disciplinaryhearings, dress, etc.

• THREATS /ABUSE: Concerningthreats of bodily harm, actualphysical abuse, or harassmentto an inmate or staff.

• MAIL: Regarding anythingthat may impact the normal,legal flow of mail in or out of aninstitution or how it is handledby institution staff.

• HYGIENE: Having to do withaccess to supplies and necessi­ties for personal hygiene or thehygiene of physical surroundings.

• SERVICES (Institution):Regarding heat, water, windowscreens, blankets, etc.

• OTHER: Concerning thosecontacts not covered in theprevious categories, e.g. com­plaints regarding an Ombudsmaninvestigation, etc.

8

TOTAL CLOSED CASES BY CATEGORY*

1995 1996 1995 1996Release 4% 4/'0 Threats/Abuse 6/'0 8/'0Medical 14/'0 18/'0 Mail 2/'0 2/'0Legal 5/'0 4/'0 Hygiene 11'0 1/'0Placement 13/'0 10/'0 Services 5/'0 8/'0Property 8/'0 6/'0 Other 71'0 8/'0

\ Program 6/'0 6%. Discrimination 3/'0 2/'0 Total 100/'0

~ Records 6/'0 6/'0Rules 20/'0 171'0 Percentages rounded to the

nearest whole number.

FALSE ACCUSATIONThe Ombudsman received acomplaint from an inmateindicating that he had beenassauited and inappropriatelyrestrained by prison staff. Aninvestigator went to theprison, interviewed the inmateand reviewed videotapes ofthe incident.

The investigator observedthat staff behavior wasthoroughly professionalthroughout the incident and

. determined that the allega­tions of assault were false.

Release 4.0'1'0

Medical 15.n

Legal 4.8%

Placement 11.8%

Property 7.1%

Program 6.4%

Threats/Abuse 6.9'1'0

Discrimination 2.1%

However, after reviewing thetapes, the investigator notedthe inmate had been placed inrestraints after the searchand remained there naked.Review of other tapedincidents indicated thispractice was routine. Theinvestigator questioned thenecessity of requiring theinmate to remain naked, sinceit appeared inhumane andcould escalate an alreadytense situation. When theinstitution did not identifyany security reason for thispractice, the investigatorproposed that the institutionmake underclothing availableto all inmates immediatelyafter being searched. Theinstitution agreed with thisrecommendation and imple­mented it immediately.

*Statistics do not include information only contacts. Pie chart is anaverage of 1995 and 1996 closed cases.

The Ombudsman thenrecommended to the Depart­ment of Corrections that theydevelop a consistent policyregarding searches. TheDepartment agreed andimplemented this policy for allinstitutions.

9

JUVENILE SUICIDEWhen a resident of a juvenilefacility committed suicide byhanging, the Ombudsman wasnotified. After conducting ajoint investigation with theMinnesota Department ofCorrections Jail InspectionUnit, seven recommendationswere made.

The response to theserecQmmendations is stillpending. The Ombudsman willcontinue to be activelyinvolved in discussionsregarding implementation ofthe recommendations withthe superintendent of thefacility and other countyofficials.

Another aspect of thisinvestigation involved talkingto a product manufacturer.Because the resident hunghimself with materials fromthe mattress in his cell, theOmbudsman discussedmattress safety issues with~them. The manufactureragreed to pursue the feasibil­ity of producing a mattresswith a special cover such asKevlar, which could be offeredto facilities for use in specialcircumstances such asobservation rooms, Themanufacturer subsequentlyreported that the facilityadministrators indicated aninterest in having a productlike this available to purchase.

We will follow up with themanufacturer on this matter.

CLOSED CASES BY INSTITUTION*

INSTITUTION CODE 1995 1996County CTY 738 620Faribault FRB 109 132Field Service FS 6 8Lino Lakes LL 486 228Moose Lake ML 141 89Oak Park Heights OPH 166 171Other OTH 53 32Regional RGL 25 23Red Wing RW 23 25St. Cloud SCL 93 93Sauk Centre SCR 26 14Shakopee SHK 141 96Stillwater STW 566 290Willow River Camp WRC 3 0

TOTAL: 2576 1821

*Statistics do not include information only contacts

CLOSED CASES BY INSTITUTION

County .------IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII­1IiI1IiI1IiI1IiI1IiI1IiI1IiI1IiI1IiI1IiI1IiI1IiI1IiI1IiI1IiI1IiI

Faribault

Field Service

Lino Lakes 11I'III

Moose Lake ~~-.

Oak Park Heights .....­

Other

Regional

Red Wing

St. Cloud

Sauk Centre

Shakopee ~~IIiI"'.

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RESPONSE AND CASE RESOLUTION TIME

PERCENTAGE OF CASES RESOLVED

IN ZERO - 15 DAYS

Total Closed Cases: 5,543 4,472

INITIAL RESPONSE TIMErefers to the time taken torespond to a request. TheOmbudsman's goal is to respondto cases within five days ofreceiving the request.

There was no standardmaternity uniform availablefor the female officers. TheOmbudsman found that amakeshift. uniform used byone institution was the mostacceptable. In addition, theOmbudsman learned thatthere were plans for theDepartment to manufacturea maternity uniform as partof the textile industry at MilleLacs.

MATERNITY

UNIFORMSThe Ombudsman also acceptscomplaints from staff atcorrectional facilities. Severalfemale correctional officershad requested assistancewith the lack of maternityuniforms available to them.

382 279

442 377

2,967 2,651

1995 19961,752 1,165

Fiscal Year0-15 days

CASE RESOLUTION TIMETimely resolution is a priority tothe Ombudsman and is anindicator of efficiency. However,complex cases or cases withfar-reaching implicationsnaturally take longer andaffect the statistics.

31 plus days

Information onlycontacts

Total Closed Cases: 5,5434,472

16 - 30 days

131

135

152

219

2,205 1,555

2,967 2,651

Fiscal YearSame dayresponse

Informationonly contacts

1-9 dayresponse

10 plus dayresponse

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95H-------------;9""3".5;=';O;;-'!0-91.1/0

90H----------

85.5%85H-------

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91.8%

8 1/085.1/0 85.1/0

All wardens received a lettersummarizing the complaintsand suggesting that, untilnew uniforms were manufac­tured, they consistently makea maternity uniform availableto their female officerssimilar to the uniformcurrently being used by theinstitution thought mostacceptable.

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BOOK LIMITATIONSThe Ombudsman received acomplaint from a Stillwaterinmate because he could notpurchase any book that costmore than $15.

The Ombudsman investigatedthis complaint and deter­mined that this was a DOCpolicy that was being incon­sistently applied in differentMinnesota CorrectionalFacility Institutions. Thisparticular policy was deemedto be unfair, particularly as itapplied to religious, legal andeducational books, for whichinmates have constitutionalprotections.

The Ombudsman requestedthat the policy be reviewedand made recommendationsfor changes which included nolimits for certain books.

The policy was changed.Inmates are now allowed topurchase books up to a $30value. The DOC is consideringa policy of no monetarylimitations for religious, legaland educational materials.

CLOSED CASE STATUS

The new data system we beganusing in July, 1993, allows us totrack how we close cases. Thisinformation will assist us indeveloping our performanceobjectives and outcome mea­surements.

We document each contact asclosed in one of six ways:

• INFORMATION: A request forinformation that is known by theagency.

• ASSIST: Relatively uncompli­cated complaints resolved withfew contacts and which providean explanation of an administra­tive act or decision to thecomplainant.

PERCENTAGE BY CATEGORIES

• DISCONTINUED: Complaints whichare not pursued because of lack ofjurisdiction or other prescribedreasons.

• DECLINE: Complaints which are notpursued because of lack of jurisdic­tion or other prescribed reasons.

• INVESTIGATED: Completed investi­gations where findings and/or infor­mal recommendations are made.

• INVESTIGATED WITH FORMALRECOMMENDATIONS: Completedinvestigations which result in formalrecommendations being made by theOmbudsman.

Information

Assist

Decline

Discontinued

Investigated

Recommendation with Formal Investigation

Total

1995

53.53/0

36.44/0

1.16/0

2.02/0

6.78/0

.0710

100/0

1996

59.28/0

32.84/0

.89/0

2.24/0

4.66/0

.09/0

100/0

12

OMBUDSMAN ACTIVITY 1973 - 1996POISED FOR THE FUTURE

During this biennium, we experi­enced a decrease in the numberof cases brought to the atten­tion of the Ombudsman, whichwas the result of several factors.

The first and most importantreason for the changed caseloadwas due to our expanding com­mitment to systemic and policyissues. Investigations of thisnature often include extensiveresearch and training and requireadditional staff time. The resultsof these investigations ofteninclude department-wide policychange recommendations whichmay prevent future problems andthus decrease the number ofcomplaints overall.

Another major factor contribut­ing to the caseload numbers was

a temporary internal shift inpriorities. Our new computersystem, now completely able tohelp us manage much moreeffectively and efficiently, took alarge commitment of time toinitiate and learn.

External factors contributing tothe caseload reductions includenew phone systems in many ofthe DOC institutions. Inmatesare now required to pay for theirphone calls or arrange to makelegal calls (including the Om­budsman) through their casemanager. Our last biennial reportindicated that direct telephonecontacts comprised over 73% ofour initial contacts.

Finally, we also had a temporarydecrease in staff, which meantour investigators spent less timeoverall at institutions.

While the actual number of casesdecreased over the biennium, theimportance of our work did not.We will continue to proactivelywork on issues that affect thosepersons involved in our systems,seek to prevent problems, dealhumanely and fairly with inmatesand strive for the highest at­tainable standards of compe­tency and efficiency in theadministration of corrections.

CONTACTS BY YEAR1973 9271974 10261975 12991976 11321977 13081978 14021979 22071980 29391981 34291982 :................ 32111983 37221984 32111985 26941986 25931987 24381988 · 25291989 28691990 33181991 34491992 37291993 54171994 61611995 55431996 , 4472

EXERCISE IN

SEGREGATIONAn inmate from a closedcustody facility complainedthat he was in segregationand had not been given hisrecreation time for a couple ofweeks. Our investigator wastold by staff that inmates insegregation were only gettingout of their cells for exerciseand showers two hoursweekly. The restriction hadbeen put in place following anassault on staff in thesegregation unit.

Staff reported that theexercise area was inadequateand new areas were beingconstructed, which mighttake months. The investigatordiscussed the situation withthe Warden and otheradministrators and learnedthey were unaware of theextent of restrictions in thesegregation unit. The investi­gator reminded the Wardenthat court decisions andinstitution policy requiresinmates be allowed out oftheir cells a minimum of fivehours weekly. The investigatoralso advised the Warden thatit seemed like the inmatefrustrations were very high.

The investigator suggestedthat a temporary exerciseschedule be implementedwhich would allow inmates tobe out a half hour a day, fivedays per week. The Wardenagreed and the schedule wasimmediately implemented. Theinvestigator then spoke with anumber of inmates andadvised them the institutionwould make a good faitheffort to comply with regula­tions governing segregationuntil the completion ofconstruction.

13

HOME CONFINEMENTThe Ombudsman was con­tacted by a resident at theRamsey County Workhousewho stated that the directorwould not allow him to reenterthe Home ConfinementProgram. He told us he hadbeen in the program for threemonths and, during his lastthirty days, was dischargedfrom the program. He wasalso told that he had toremain in the Workhouse andstart the program alloveragain. The resident wanted tobe allowed to get back intothe program.

An investigator contactedthe Work Release Supervisorabout the complaint and wasinformed that this was theinmates's second arrest whilein the Home ConfinementProgram. The policy statesthat anyone who is arrestedwhile in the program isautomaticaliy terminated.Only residents who completethe program receive creditand the inmate had been toldthat he would have to startover from the beginning if hewas terminated. According tothe director, regardiess of theoutcome of the criminaiproceedings, arrests result inprogram termination.

The investigator contactedthe inmate and asked if hewas aware of the terminationpolicy. The inmate was awareof it as it had been explainedto him during his orientationperiod.

The investigator advised theresident that it appeared hehad already been arrestedtwice, which was more lenientthan program guidelines.

STATUTE241.41 OFFICE OF OMBUDSMAN;CREATION; QUALIFICATIONS;FUNCTIONS

The Office of the Ombudsman forthe Minnesota State Department ofCorrections is hereby created. TheOmbudsman shall serve at the pleasureof the Governor in the unclassifiedservice, shall be selected withoutregard to political affiliation, and shallbe a person highly competent andqualified to analyze questions of law,administration, and public policy. Noperson may serve as Ombudsman whileholding any other public office. TheOmbudsman for the Department ofCorrections shall be accountable tothe Governor and shall have theauthority to investigate decisions,acts and other matters of theDepartment of Corrections so as topromote the highest attainablestandards of competence, efficiency,and justice in the administration ofcorrections.

241.42 DEFINITIONSSubdivision 1. For the purposes ofsections 241.41 to 241.45, the followingterms shall have the meanings heregiven them.Subd. 2. "Administrative Agency" or"agency" means any division, official, oremployee of the Minnesota Depart­ment of Corrections, the Commis­sioner of Corrections, the Board ofPardons and regional correction ordetention facilities or agencies forcorrection or detention programsincluding those programs orfacilities operating under chapter401, but does not include:(a) any court or judge;(b) any member of the Senate or Houseof Representatives of the State ofMinnesota(c) the Governor or the Governor'spersonal staff;(d) any instrumentality of the federalgovernment of the United States;(e) any political subdivision of theState of Minnesota;(f) any interstate compact.Subd. 3. "Commission" means the

Ombudsman commission.Subd.4. (Repealed, 1976 c 318 s 18)

241.43 ORGANIZATION OF OFFICE OFOMBUDSMANSubdivision 1. The Ombudsman mayselect, appoint, and compensate out ofavailable funds such assistants andemployees as deemed necessary todischarge responsibilities. The Om­budsman and full-time staff shallbe members of the Minnesota StateRetirement Association.Subd. 2. The Ombudsman may appointan Assistant Ombudsman in theunclassified service.Subd. 3. The Ombudsman may delegateto staff members any of theOmbudsman's authority or dutiesexcept the duty of formally makingrecommendations to an administrativeagency or reports to the Office ofthe Governor, or to the legislature.

241.44 POWERS OF OMBUDSMAN;INVESTIGATIONS; ACTIONS ONCOMPLAINTS; RECOMMENDATIONS.Subdivision 1. Powers. The Ombudsmanmay:(a) prescribe the methods by whichcomplaints are to be made, reviewed,and acted upon; prOVided, however, thatthe Ombudsman may not levy acomplaint fee;

(b) determine the scope and manner ofinvestigations to be made;(c) Except as otherwise prOVided,determine the form, frequency, anddistribution of conclusions, recommen­dations, and proposals; proVided,however, that the Governor or arepresentative may, at any time theGovernor deems it necessary, requestand receive information from theOmbudsman. Neither the Ombudsmannor any staff members shall becompelled to testify in any court withrespect to any matter involving theexercise of the Ombudsman's officialduties except as may be necessary toenforce the provisions of sections241.41 to 241.45;(d) investigate, upon complaint or upon

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STATUTE, CONTINUED

personal initiative, any action of anadministrative agency;(e) request and shall be given accessto information in the possession of anadministrative agency deemed neces­sary for the discharge of responsibili­

ties;(f) examine the records and documentsof an administrative agency;(g) enter and inspect, at any time,premises within the control of anadministrative agency;(h) subpoena any person to appear,give testimony, or produce documen­tary or other evidence which theOmbudsman deems relevant to amatter under inquiry, and may petitionthe appropriate state court to seekenforcement with the subpoena;provided, however, that any witness ata hearing or before an investigation asherein provided, shall possess thesame privileges reserved to such awitness in the courts or under the lawsof this state;(i) bring an action in an appropriatestate court to provide the operation ofthe powers provided in this subdivision.The Ombudsman may use the servicesof legal assistance to Minnesotaprisoners for iegal counsel. Theprovisions of sections 241.41 to 241.45are in addition to other provisions ofiaw under which any remedy or right ofappeal or objection is provided for anyperson, or any procedure provided forinquiry or investigation concerning anymatter. Nothing in sections 241.41 to241.45 shall be construed to limit oraffect any other remedy or right ofappeal or objection, nor shall it bedeemed part of an exclusionaryprocess; andU) be present at the commissioner ofcorrections parole and parole revoca­tien hearings and deliberations.Subd. la. Actions against Ombuds­man. No proceeding or civil actionsexcept removal from office or a pro­ceeding brought pursuant to chapter13 shall be commenced against theOmbudsman for actions taken pursu­ant to the provisions of sections 241.41to 241.45, unless the act or omission

is actuated by malice or is grosslynegligent.Subd. 2. Matters appropriate forinvestigation.(a) In selecting matters for attention,the Ombudsman should addressparticularly actions of an administra­tive agency which might be:(1) contrary to law or rule;(2) unreasonable, unfair, oppressive, orinconsistent with any policy or judge­ment of an administrative agency;(3) mistaken in law or arbitrary in theascertainment of facts;(4) unclear or inadequately explainedwhen reasons should have beenrevealed;(5) inefficiently performed;(b) The Ombudsman may also beconcerned with strengthening proce­dures and practices which lessen therisk that objectionable actions of theadministrative agency will occur.Subd.3. Complaints. The Ombudsmanmay receive a complaint from anysource concerning an action of anadministrative agency. The Ombuds­man may, on personal motion or at therequest of another, investigate anyaction of an administrative agency.The Ombudsman may exercise powerswithout regard to the finality of anyaction of an administrative agency;however, the Ombudsman may require acomplainant to pursue other remediesor channels of complaint open to thecomplainant before accepting orinvestigating the complaint.After completing investigation of acomplaint, the Ombudsman shall informthe complainant, the administrativeagency, and the official or employee ofthe action taken.A letter to the Ombudsman from aperson in an institution under thecontrol of an administrative agencyshall be forwarded immediately andunopened to the Ombudsman's office.A reply from the Ombudsman to theperson shall be delivered unopened tothe person, promptly after its receiptby the institution.No complainant shaH be punished norshall the general condition of the

DUE PROCESSA Ramsey County Workhouseresident contacted our officecomplaining of being held onadministrative segregation(admin seg) status. No formaldiscipline charges had beenfiled and he had been told hewould lose good time while onthis status.

The Operations Supervisor,when contacted, said theinmate was put on admin segfollowing an assault. TheSuperintendent had told theOperations Supervisor thatthe inmate did not need ahearing, which was contrary tothe institution's policy whichrequires due process.

Concerned about the disre­gard for due process, theinvestigator wrote a letter tothe Superintendent question­ing this decision. The Superin­tendent stated that he hadthe authority to take awaygood time and conduct aninvestigation into the assaultwhile the resident was onadmin seg.

The investigator informed theSuperintendent that heneeded to follow the dueprocess policy of the institu­tion. The Superintendentagreed to follow the policy inthe future. No complaints ofthis nature have been filedsince the incident.

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STATE PATROL

IRAININGAn inmate called our officestating that police officersfrom various jurisdictions wereperforming drug testing oninmates when they returnedto the facility from work. TheWork Release Staff hadinformed the inmate that thetesting was part of a trainingexercise.

The testing involved being putin a dark room with severalofficers and having a flash­light shined in his eyes. Inaddition, breath and urinaly­sis tests were performed.

Our investigator was told bystaff that the testing waspart of a class conducted bythe State Patrol to trainofficers to recognize peopleunder the influence of drugs.

Two investigators went to thefacility to interview inmateswho had been participants inthe class. The Administratorstated that he understoodthat inmates were reqUired toparticipate in the training. Wediscovered that the StatePatrol had conducted thetraining at several facilities.The State Patrol had re­quested inmates/residents toparticipate in the training ona voluntary basis. It appearedto be mandatory to inmatesat more than one institution.

We recommended that thefacilities develop a volunteers­only policy and that this becommunicated to inmatesbefore another testing wasscheduled. This informationwas communicated to thestaff person at the StatePatrol who coordinates thetraining.

STATUTE, CONTINUED

complainant's confinement or treat­ment be unfavorably altered as a resultof the complainant having made acomplaint to the Ombudsman.Subd.4. Recommendations.(a) If, after duly considering acomplaint and whatever materialsthe Ombudsman deems pertinent,the Ombudsman is of the opinionthat the complaint is valid, theOmbudsman may recommend thatan administrative agency should:(1) consider the matter further;(2) modify or cancel its actions;(3) alter a ruling;(4) explain more fully the action inquestion; or(5) take any other step which theOmbudsman recommends to theadministrative agency involved.If the Ombudsman so requests, theagency shall within the time theOmbudsman specified, inform theOmbudsman about the action taken onthe Ombudsman's recommendation orthe reasons for not complying with it.(b) If the Ombudsman has reason tobelieve that any public official oremployee has acted in a mannerwarranting criminal or disciplinaryproceedings, the Ombudsman may referthe matter to the appropriate authori­ties.(c) If the Ombudsman believes that anaction upon which a valid complaint isfounded has been dictated by astatute, and the statute producesresults or effects which are unfair orotherwise objectionable, the Ombuds­man shall bring to the attention ofthe Governor and the Legislaturethe Ombudsman's view concerningdesirabie statutory change.

241.441 ACCESS BY OMBUDSMAN TO

DATANotwithstanding section 13.42 or13.85, the Ombudsman has access tocorrections and detention data andmedical data maintained by an agencyand classified as private data onindividuals or confidential data onindividuals when access to the data isnecessary for the Ombudsman to

perform the powers under section241.44

241.45 PUBLICATION OFRECOMMENDATIONS, REPORTSSubdivision 1. The Ombudsmanmay publish conclusions andsuggestions by transmitting themto the Office of the Governor.Before announcing a conclusion orrecommendation that expressly orimpliedly criticizes an administra­tive agency, or any person, theOmbudsman shall consult with thatagency or person. When publish­ing an opinion adverse to anadministrative agency, or anyperson, the Ombudsman shallinclude in such publication anystatement of reasonable lengthmade to the Ombudsman by thatagency or person in defense ormitigation of the action.Subd. 2. In addition to whateverreports the Ombudsman may make onan ad hoc basis, the Ombudsman shallbiennially report to the Governorconcerning the exercise of theOmbudsman's function during thepreceding biennium. The biennial reportis due on or before the beginning of thelegislative session following the end ofthe biennium.

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OMBUDSMAN FOR CORRECTIONSPATRICIA SELEEN

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