The Ombuds may decide the method for taking, reviewing, and acting on a complaint; and decide on the scope and manner of the investigation process.
The Ombuds should particularly address actions that may be:
The Ombuds can investigate complaints involving adult jails and detention facilities but they must enter into an arrangement with DOC that ensures they are not duplicating services.
If after investigating, the complaint is found valid, the Ombuds may recommend that the DOC should:
If the Ombuds asks for a response, then the DOC must respond with whether they have taken the action that the Ombuds recommends or if not, the reasons why. They must do this in the time frame that the Ombuds requests.
If the Ombuds thinks staff have participated in criminal conduct or their actions warrant discipline, they can refer the matter to the appropriate authorities.
If the Ombuds finds that the law and rules have been followed, but that those laws or rules are unfair or otherwise objectionable, the Ombuds should bring it to the attention of the Governor and the Legislature and make recommendations on how the law should be changed.
MN law categorizes data as private, confidential, or public.
Private Data cannot be accessed by the public but is accessible to the individual who is the subject of that data.
The following OBFC data is classified as private:
Confidential data cannot be made public and is inaccessible to the individual subject of the data.
The written summary of the investigation maintained by the ombudsperson is, to the extent it identifies individuals, classified as confidential data.
Public Data is accessible to the public (upon a request for information).
The following information is classified as public:
Essentially this means that the law says that no information shared with the Office of the Ombuds for Corrections can be accessed publicly except for the name, facility location, and OID # of the complaint but that information cannot be tied to any specific complaints or complaint details (unless otherwise authorized by other applicable state or federal law). Nor can there be any retaliation for having made a complaint. Who makes a complaint can be accessed but not what the complaint is or the result of the investigation.