HB 5921

substitute for
House BILL NO. 5921
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 7, 11, 12, 13, and 14 (MCL 4.357,
4.361, 4.362, 4.363, and 4.364), section 7 as amended by 1998 PA 318, section
11 as amended by 1995 PA 197, section 12 as amended by 1982 PA 170, and section
13 as amended by 2018 PA 571.
the peoplE of the state of michigan enact:
Sec. 7. Upon On receiving a complaint from a legislator or a prisoner complainant
under section 4 and deciding to investigate the complaint, the ombudsman
shall notify the complainant, the prisoner or prisoners affected, and the
department. If the ombudsman declines to investigate, the ombudsman shall
notify the complainant, in writing, and inform the prisoner or prisoners
affected of the reasons for the ombudsman's decision.
Sec. 11. Before announcing a conclusion or recommendation
that expressly or by implication criticizes a person or the department, the ombudsman
shall consult with that person or the department. When publishing an opinion
adverse to the department, or any person, the ombudsman shall include in that
publication a statement of reasonable length made to him or her the ombudsman by
the department or person in defense or mitigation of the action if that
statement is provided within a reasonable period of
time as determined by the council. The ombudsman may request to be notified by
the department, within a specified time, of not later than 30 business days after the consultation with the
department or person. The department may request 1 extension of 14 business
days to provide the statement. The ombudsman shall report to the council if the
department fails to provide a response within the time limit provided under
this section. The department shall notify the ombudsman not later than 30
business days after any action is taken on any
recommendation presented. The ombudsman shall notify the complainant of the
actions taken by the office and by the department not
later than 45 business days after the action is taken.
Sec. 12. (1) The ombudsman shall
submit to the council and the legislature an annual report on the conduct of
the office and make the report available on the
ombudsman's website. The annual report must
include all of the following:
(a) All of the following information for complaints:
(i) The total
number of complaints that were received, investigated, denied, resolved,
unsubstantiated, or undecided.
(ii) The number of
complaints received concerning each correctional facility.
(iii) The number of
complaints filed, broken down by subject matter, including, but not limited to,
racial discrimination and medical treatment issues.
(b) Significant issues that were investigated.
(c) Each recommendation made to the department.
(d) The department's response to each recommendation.
(2) The ombudsman shall make monthly reports available on the ombudsman's
website that include for each month the information described in subsection
(1)(a).
Sec. 13. (1) A prisoner, prisoner
advocate, corrections employee, or family member must not be penalized
in any way by an official or the department as a result of filing a complaint,
complaining to a legislator, or cooperating with the ombudsman in investigating
a complaint.
(2) A person or the
department shall not hinder the lawful actions of the ombudsman or employees of
the office, or willfully refuse to comply with lawful demands of the office.
(3) The department
shall not take disciplinary action against an employee for communicating with
the ombudsman.
Sec. 14. The authority granted the ombudsman is in addition
to the authority granted under the provisions of any other act or rule under
which the remedy or right of appeal or objection is provided for a person, or
any procedure provided for the inquiry into or investigation of any matter. The
authority granted the ombudsman shall must not be construed to limit or affect the remedy
or right of appeal or objection and shall must not be deemed considered part of an exclusionary process.
Enacting section 1.
This amendatory act does not take effect unless House Bill No. 5920 of the
103rd Legislature is enacted into law.