The Ombudsman Bureau was created by the legislature as an independent review source separate from the DOC. The jurisdiction of the Bureau is limited to reviewing matters to determine whether the Department of Corrections has violated any of its policies and procedures.The Ombudsman Bureau can investigate your issue for a violation in the policies and procedures of the DOC and make recommendations to the DOC based on any substantiated violation. If you have general question please write us at:
Indiana Ombudsman Bureau
402 W. Washington St.,
W479
Indianapolis, IN 46204
Ombud@idoa.in.gov
The Indiana Ombudsman Bureau receives, answers, and investigates complaints from offenders and/or offenders' family members. Your name will not be disclosed without your permission except to the extent necessary to investigate and resolve your complaint. 85 percent of our mail is answered within 10 days. Should it take any longer it is because the complaint is pending investigation. Beyond 20 days 98 percent of our complaints are resolved.
How to File a Complaint
Representatives of Incarcerated individuals should submit complaints electronically to Ombud@idoa.in.gov using the official Ombudsman Complaint Form below. Paper forms are available for incarcerated individuals in the law library of each DOC facility. Those who are incarcerated also have access to the Bureau via their tablets/kiosks.
Download Form English | Spanish
Before Filing
- The Indiana Ombudsman Bureau requires that incarcerated individuals attempt to resolve a complaint at the facility level before sending a complaint to the Bureau. This includes beginning with a counselor or unit housing staff.
- After this, any available appeal process should be exhausted and all paperwork should be sent with the complaint to the Bureau. For example, if the issue is grievable then the grievance process should be used or if a conduct report has been filed the disciplinary review process should be utilized.
- Once the offender has completed the appeal process, all paperwork should be sent to the Bureau for its review.
After Filing
- Once a complaint is filed, the Ombudsman Bureau will try to respond to the complaint within ten business days of receipt of the complaint.
- If an investigation is opened on a complaint, a response may take somewhat longer; however, after you file a complaint you will receive a response from the Bureau in some fashion.
FAQs
What is an Ombudsman? The word “Ombudsman” refers to someone who speaks for people who cannot speak for themselves.
How can the Ombudsman help me? The Ombudsman Bureau can investigate your issue for a violation in the policies and procedures of the DOC and make recommendations to the DOC based on any substantiated violation is opened on a complaint, a response may take somewhat longer; however, after you file a complaint you will receive a response from the Bureau in some fashion.
Who can file complaints? The Ombudsman Bureau can receive complaints from any source including but not limited to both offenders and family members.
Will the DOC know if I file a complaint? Your name will not be disclosed without your permission except to the extent necessary to investigate and resolve your complaint.
How will I know if the Ombudsman Bureau has received my letter? 85 percent of our mail is answered within 10 days. Should it take any longer it is because the complaint is pending investigation. Beyond 20 days 98 percent of our complaints are resolved.
What types of matters can the Bureau investigate? The Bureau can investigate any matter that is covered in the policies and procedures of the DOC.
What types of matters can the Bureau not investigate? The Bureau cannot investigate complaints concerning any matter in litigation.
IDOC Ombudsman Bureau Policies & Procedures
- I. Definitions
Definitions
The Ombudsman Bureau Policy references the following terms, defined here:
Assist – A complaint that requires further action by the IDOC, but the individual has not necessarily attempted to resolve with the IDOC prior to contacting the Bureau.
Assistant – A person serving the role classified as Assistant Ombudsman for the State of Indiana who is charged with assisting in performing the duties of the Ombudsman Bureau.
Bureau – Refers to the Department of Correction Ombudsman Bureau established in IC 11-11-1.5.
Complaint – Refers to a concern on an Ombudsman Complaint Form (State Form 51506) or that has completely exhausted IDOC procedures, but is still not resolved.
Contact – Refers to correspondence that the Bureau receives that does not meet the requirements of a complaint stated herein.
Complainant – A person who submits a complaint to the DOC Ombudsman Bureau.
Family Member – A person who is related to a person who is incarcerated in a DOC facility in the State of Indiana.
Follow-up Complaint – A complaint that has previously been logged into the Access Database by the Bureau.
GTL (ViaPath) – System which allows the Bureau to receive emails from the IDOC population.
IDOC – Refers to the Indiana Department of Correction.
Investigation – An in-depth examination of a complaint which requires further review of documentation and/or contact with IDOC personnel.
New Complaint – A complaint received by the Bureau that has not previously been logged or reviewed by the Bureau.
Ombudsman – Person defined in 11-11-1.5-2 who is approved by the Bureau to investigate and resolve complaints regarding the health and safety of any person, and violations by the department of specific laws, rules, or written policies.
Substantiated Complaint – A complaint that is found to be true and requires the IDOC to take some action on the matter.
- II. Mission Statement
Mission Statement
To become a trusted resource to the IDOC population through partnering with the IDOC to effectively resolve complaints.
- III. Purpose and General Principle
Purpose and General Principle
Purpose: It is the purpose of the Ombudsman Bureau to develop policies and procedures that promote the expeditious resolution to complaints received from persons incarcerated in the DOC, their family members and other interested parties. These specifically-designed procedures and policies provide for the consistent implementation of complaint resolution activities and promote the enforcement of IDOC policies and procedures, the health and safety of the IDOC population, and state law.
General Principle: These policies and procedures establish procedural guidelines for consistent handling and resolution of complaints submitted for resolution to the Ombudsman Bureau. The following procedures should apply in the handling of each complaint submitted to the Bureau.
- IV. Intake Procedures
Intake Procedures
The Bureau receives complaints by mail, e-mail, telephone and GTL (ViaPath).
- Requirements of Complaints:
- Individuals attempt to resolve matters within the DOC before contacting the Bureau and should provide proof of having done so when contacting the Bureau, including fully completing any applicable IDOC process.
- The Bureau will only accept complaints addressed specifically to the Bureau and written on an Ombudsman Complaint Form.
- The Bureau will only accept complaints that are personal to a person. i.e. – not filed on behalf of another person.
- The Bureau will only accept as complaints matters concerning whether the Department of Correction:
- Violated a specific law, rule or department written policy; or
- Endangered the health or safety of a person.
- The Bureau requires individuals to use the Ombudsman Complaint Form, if at all possible.
- The Bureau requires individuals to send all relevant paperwork with their complaints, if at all possible.
- The Ombudsman reserves the right to refuse complaints which contain subject matter not under the jurisdiction of the Bureau or adequate information is not provided.
- If the Bureau has already addressed a matter, further correspondence regarding the matter will be noted and filed.
- Requirements of Complaints:
- V. Determining Appropriate Action
Determining Appropriate Action
- As soon as possible after receipt of a piece of correspondence, a determination will be made whether the correspondence should be entered in to the “IDOC Ombudsman” Teams Channel or the Ombudsman Access database.
- When entering correspondence it will be assigned a subject matter, while most of these are self- explanatory a brief description is provided below, if necessary:
- Case Management –
- Classification (Codes) – Matters involving classification designations
- Classification (not discip) – Matters involving sentencing
- Classification (time cuts) – Matters involving time cuts
- Clothing
- Commissary
- Confinement Conditions – living conditions
- Contract – Contractual matters.
- Correspondence – Matters involving use of mail, confiscation
- Credit time – Matter involving one’s credit time calculations.
- Dental
- Disciplinary Action – Conduct reports and the Disciplinary Process
- Excess Force – Allegation of such
- Food – includes diets
- Grievance
- Housing
- Legal
- Medical Care
- Mental Health
- Safety
- Trust Accounts
- Violence – between those in population
- Parole
- Personal property
- Phone
- Programs
- Recreation
- Religious
- Sanitation
- School
- Security
- Sex Offender
- Staff Misconduct
- Transfer
- Visitation
- VMR – Visitiation With Minor Restriction
- Work – about an individual’s job within the IDOC
- When an item is received on a complaint form it is immediately entered into the IDOC Ombudsman Access Database and given a complaint number and subject matter.
- When logged as a complaint, the Assistant determines whether a complaint needs:
- Further review, in which case it is given to the Ombudsman.
- Further investigation, in which case it may be given to the Ombudsman.
- VI. Response Procedures
Response Procedures
Responses to correspondence from the IDOC population will be made in writing and sent through the U.S. Mail only. The Bureau will not reply to IDOC population correspondence via e-mail. Responses should be made in a reasonably timely manner after receipt of the complaint and should be in writing as follows:
More Information Required
When new correspondence is received by the Bureau with insufficient information, then the letter of response instructs the complainant to send the Bureau additional information.
No Violation Letters
If all information is reviewed and the Bureau determines that no violation of IDOC policy or procedure has occurred, the Bureau shall respond with a letter expressing that no violation has been found in the matter and no investigation is necessary.
No Jurisdiction Letters
If the Complainant has submitted a complaint concerning a matter that that the Bureau does not have the statutory power to address, the complainant is sent a letter explaining that the Bureau does not have jurisdiction over such a matter.
Use the IDOC process Letters
If the Bureau receives a letter from a complainant and it has come to be determined that the complainant has not completed a IDOC process that could be used to resolve the complaint, the Bureau may send the complainant a letter explaining that the person must first complete the DOC process available. See exceptions to this in section VII part A.
Report of Investigation
The Bureau should submit a letter to an individual once an investigation or inquiry has been completed or it has been determined that an investigation is not needed.
- In the case in which an investigation has been performed, the letter should indicate the outcome of the investigation or inquiry.
- In the case in which the decision has been reached that an investigation or inquiry is not necessary, the letter should state the reason an investigation was found to be unnecessary.
Summary of Findings
The Bureau shall submit a report on a monthly basis of all complaints addressed during the month.
- VII. Procedures Upon Investigation
Procedures Upon Investigation
- The Bureau may conduct an investigation into a matter when a person has completed the appropriate IDOC process or when a person may not have completed this process, but the matter involves a health or safety matter.
- Investigations shall be completed in a timely manner.
- Once it is determined that a complaint requires an investigation, one or more of the following people may need to be contacted:
- Facility contact person
- Final review authority
- Grievance Officer
- Superintendent
- The person who originally submitted the concern
- Family Members
- Policy Manager
- Classification
- Assistant Superintendent
- Central Office personnel
- Medical personnel
- Investigations & Intelligence
- Other personnel
- Once the appropriate contact has been made, it may be necessary to visit the facility in order to address the issue.
- It may also be necessary to hold a meeting at the facility and the relevant IDOC personnel.
- Once the relevant people have communicated, one of three determinations may be made: that the complaint is true and needs IDOC action; that it is not true; or that the DOC has already addressed the issue, as described in section I.
- A recommendation, as described below in Section VIII below, is made when a complaint is substantiated.
- Reports of investigation are written as described above in section VI part E.
- After completion of these Procedures Upon Investigation stated above a complaint is considered resolved by the Bureau and is closed.
- VIII. Making Recommendations
Making Recommendations
- As an investigation ensues, the Ombudsman may find it appropriate to make a recommendation as to action necessary when a complaint is substantiated.
- Recommendations should be made to the personnel who directly oversee the issue or facility contact person.