HOUSE BILL No. 6397

 

 

September 26, 2018, Introduced by Reps. Bizon, Kesto, Lucido, Theis, Chang, Gay-Dagnogo and Howrylak and referred to the Committee on Law and Justice.

 

     A bill to amend 1975 PA 46, entitled

 

"An act to create the office of the legislative corrections

ombudsman; to prescribe the powers and duties of the office, the

ombudsman, the legislative council, and the department of

corrections; and to provide remedies from administrative acts,"

 

by amending sections 4, 5, 8, and 9 (MCL 4.354, 4.355, 4.358, and

 

4.359), section 4 as amended by 1998 PA 318, section 5 as amended

 

by 2010 PA 287, and section 9 as amended by 1995 PA 197.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) The ombudsman may commence an investigation upon

 

either of the following:

 

     (a) Receipt of a complaint from a prisoner, a legislator, or

 

on the ombudsman's own initiative, concerning an administrative act

which that is alleged by a prisoner to be contrary to law or

 

contrary to departmental policy.

 

     (b) The ombudsman's own initiative for significant prisoner

 

health and safety issues, correctional facility security, and

 

public safety, and other matters for which there is no effective

 

administrative remedy.

 

     (2) Subject to approval of the council, the ombudsman shall

 

establish procedures for receiving and processing complaints,

 

conducting investigations, holding hearings, and reporting the

 

findings resulting from the investigations.

 

     Sec. 5. (1) Upon request and without the requirement of any

 

release, the ombudsman shall be given access to and physical or

 

electronic copies of all information, records, and documents in the

 

possession of the department which that the ombudsman deems

 

considers necessary in an investigation, including, but not limited

 

to, prisoner medical health records, prisoner mental health

 

records, and prisoner mortality and morbidity records. Upon

 

request, the ombudsman may interview any of the following

 

individuals whom the ombudsman considers necessary in an

 

investigation:

 

     (a) An individual employed by or retained under contract by

 

the department.

 

     (b) An individual employed by or retained under contract by a

 

private contractor that operates a facility or institution that

 

houses prisoners under the jurisdiction of the department.

 

     (2) Upon request and without notice, the ombudsman shall be

 

granted entrance to inspect at any time any premises under the

control of the department. The ombudsman shall be granted entry

 

into a correctional facility or the department's "think tank" or

 

"command center" during emergency situations including, but not

 

limited to, correctional facility disturbances, riots, and hostage

 

incidents, and shall be provided with updates regarding the status

 

of the emergent situation as well as the department's efforts to

 

address the situation.

 

     (3) The ombudsman may hold informal hearings and may request

 

that any person appear before the ombudsman, or at a hearing, and

 

give testimony or produce documentary or other evidence which that

 

the ombudsman deems considers relevant to a matter under

 

investigation.

 

     Sec. 8. Upon request of the ombudsman, the council may hold a

 

hearing. The council may administer oaths, subpoena witnesses, and

 

examine the books and records of the department or of a person,

 

partnership, or corporation involved, in accordance with section 4

 

of Act No. 412 of the Public Acts of 1965, being section 4.314 of

 

the Michigan Compiled Laws, 104 of the legislative council act,

 

1986 PA 268, MCL 4.1104, in a matter which that is or was a proper

 

subject of investigation by the ombudsman under this act.

 

     Sec. 9. (1) Correspondence between the ombudsman and a

 

prisoner is confidential and shall must be processed as privileged

 

correspondence in the same manner as letters between prisoners and

 

courts, attorneys, or public officials.

 

     (2) The ombudsman shall maintain secrecy with respect to all

 

matters and the identities of the complainants or persons from whom

 

information is acquired, except so far as disclosures may be

necessary to enable the ombudsman to perform the duties of the

 

office and to support any recommendations resulting from an

 

investigation. A record of or information obtained or created by

 

the ombudsman is confidential, is considered privileged, must only

 

be used for purposes set forth in this act, is not subject to court

 

subpoena, and is not discoverable in a legal proceeding. A record

 

of or information obtained by the ombudsman that is otherwise

 

available from other sources is not exempt from court subpoena or

 

discovery from other sources solely because it was presented to or

 

reviewed by the ombudsman.

 

     (3) A report prepared and recommendations made by the

 

ombudsman and submitted to the council under section 10 are exempt

 

from disclosure under the freedom of information act, Act No. 442

 

of the Public Acts of 1976, being sections 15.231 to 15.246 of the

 

Michigan Compiled Laws.All of the following are exempt from

 

disclosure under the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246:

 

     (a) A record of the ombudsman.

 

     (b) A report or recommendations made by the ombudsman and

 

submitted to the council under section 10.

 

     (c) Information obtained or created by the ombudsman.