Statutes

The Office of the Ombuds for Corrections (OBFC) was established under Minnesota Statutes, Chapter 241.90–95. The office was created to promote accountability, fairness and efficiency in the state corrections system.

Read the Statutes

Jurisdiction
The OBFC has jurisdiction over any facility in Minnesota operated or licensed by the Department of Corrections.

Minnesota Statutes allow the OBFC to investigate:
- State prisons
- Regional and local jails and correctional facilities.
The OBFC can address actions in a way to help build protocols and practices so that the issues do not continue in the future.

Minnesota Statutes do not allow the OBFC to investigate:
- Federal corrections facilities
- Interstate compact agreements for people who are incarcerated out of state
- Supervised release, parole and probation
Read Minnesota Statutes, Chapter 241.91 for more information about the jurisdiction of the OBFC.
Recommendations
After reviewing or investigating a complaint, the OBFC may issue recommendations if the complaint is found valid.

The OBFC may provide recommendations to:
- The Department of Corrections or local corrections agencies involved in the complaint to reconsider a matter, change its actions, provide explanation or take other steps.
- The governor and legislature to change unfair or objectionable statutes.
If the OBFC asks for a response, the Department of Corrections must respond with whether they have taken the recommended action or the reason they have not. They must do this in the time frame that the Ombudsperson requests.

If the OBFC thinks staff have participated in criminal conduct or their actions warrant discipline, they can refer the matter to the appropriate authorities.

Read Minnesota Statutes, Chapter. 241.93, Subdivision 6 for more information about recommendations by the OBFC.
Power to Investigate Complaints
The OBFC may:
- Decide how to receive, review and respond to complaints.
- Investigate complaints received or initiate investigations.
- Access facilities, documents and information needed to complete their investigation.
The OBFC has the power to access corrections and detention data as well as medical data maintained by the DOC, including classified and private data when necessary for OBFC staff to carry out their duties.

The OBFC should focus should particularly focus on actions that may be:
- Against the law or rules.
- Unreasonable, unfair, oppressive, or inconsistent with policy.
- Based on misunderstanding of law or law that is applied randomly.
- Unclear or inadequately explained or inefficiently performed.
The OBFC can address actions in a way to help build protocols and practices so that the issues do not continue in the future.

The OBFC can subpoena witnesses and has the authority to file lawsuits to use its legal authority. The Ombudsperson and OBFC staff cannot be compelled to testify in court or be sued for actions taken in carrying out their work.

Read Minnesota Statutes, Chapter 241.93 for more information about the Ombuds for Corrections’ powers to investigate.
Reports

The OBFC may publish reports through the Office of the Governor. Before making reports public, the office must consult with the agency or staff who may be criticized in the report and give them a chance to include a response.

The OBFC must publish an Annual Report and provide it to the governor and legislators.

Read Minnesota Statutes, Chapter 241.95 for more information about public reports.
Data Privacy
Data privacy laws classify most OBFC records as private or confidential, ensuring that complaint details remain protected. The following information is classified as public:
- Client’s name
- Facility location
- DOC Identification Number
This means who makes a compliant can be accessed, but not what the complaint is or the result of the investigation. This information cannot be tied to any specific complaints or complaint details, unless otherwise authorized by state or federal law.

See the OBFC Data Practices page for more information.