Frequently Asked Questions

The Ombuds and the Ombuds’ designated staff can take complaints, perform investigations, make recommendations, and publish reports.

Anyone. Incarcerated Minnesotans, corrections staff or contractors, other agency staff, friends and family of incarcerated individuals, and community members. The OBFC prioritizes complaints from incarcerated individuals and DOC staff. The Ombuds will not open a complaint on behalf of an individual without their consent (unless there is some underlying reason they cannot reasonably make that decision). All complaints, whether or not they are investigated individually, may be used to inform systemic issue investigations.

The Ombuds works on behalf of all Minnesotans to provide a safer and more just process without regard to political or religious affiliation, race, gender, status, or economic status.

All correctional facilities in Minnesota including jails and juvenile detention facilities. The Ombuds has the authority to take and investigate complaints from or about any Department of Corrections’ staff or facility charged with the care and custody of inmates and any regional or local correctional facility licensed by the DOC in Minnesota. However, local facilities must follow the DOC Investigations & Enforcement process

The Ombuds is tasked with defining a process to take complaints, perform investigations, and report the findings and recommendations.

The Ombuds can investigate any issues related to incarcerated individuals including individual complaints or on systemic issues that the Ombuds determines need review.  Minnesota law says that the Ombuds should particularly address DOC actions that may be:

• Against federal or state law or against DOC policy. 
• Unreasonable, unfair, oppressive, or inconsistent 
• Mistaken in law or arbitrary in the ascertainment of facts
• Unclear or inadequately explained when reasons should have been revealed
• Inefficiently performed.

It also says that the Ombuds can look at strengthening procedures and practices that lessen the risk for unjust actions towards incarcerated individuals.

The Ombuds can request and must be given access to DOC records, documents, and information needed to complete their investigation.

The Ombuds can enter and inspect, at any time, any facility or premises under DOC control. However, unless there is a significant need, the Ombuds or staff will set up appointments and attempt to investigate during scheduled times.

The Ombuds can subpoena any person to appear, give testimony, or produce documents or other evidence that the Ombuds determines is relevant to the investigation. The Ombuds can ask the court to enforce the subpoena (and any witness who been subpoenaed is entitled to the same rights that any witness has under state law). However, the Ombuds prioritizes building cooperative relationships and will only compel testimony under significant need.

No. All correspondence must be forwarded unopened immediately to the Ombuds’ office. All replies from the Ombuds to incarcerated individuals must also be delivered unopened to the person.

Any retaliation or punishment as a result of a complaint to the Ombuds is illegal.

After completing the investigation, the Office will let you know the results and the action taken. If the Office is not able to investigate, you will also be informed.

No. They can only make recommendations. If they believe a crime has been committed, they can forward the information to appropriate authorities.

• The Ombuds cannot force the Department of Corrections to change course or reverse their decisions but they can make recommendations. 
• The Ombuds cannot charge a fee for taking complaints. 
• The Ombuds office cannot provide legal assistance. Please contact your attorney or the Legal Assistance to Minnesota Prisoners (LAMP) Clinic.
• The Ombuds and any OBFC staff cannot be forced to testify in court or to produce evidence about anything that pertains to matters related to their official duties. The only exception is if it would be necessary in order to enforce the Office’s statutory duties (meaning in order to defend their right to do the work they are set up to do).