LR 1217 - An Act to Establish the Corrections Ombudsman

Ombuds bill

The Corrections Ombuds bill will strengthen the Department of Corrections' capacity to implement the Maine Model of Corrections which seeks to promote "the safety and wellbeing of staff and residents" by "working collaboratively to model problem-solving, community building, and healthy interactions with others."

A Corrections Ombuds, appointed by the Governor and independent of the Department of Corrections, would provide residents and staff with a readily accessible and confidential means to submit suggestions and complaints to an independent professional with the authority to investigate and seek resolutions. The Ombuds would also have the responsibility to identify, investigate, and report publicly about systemic issues and their resolution.  

Maine would join at least twelve other states with corrections ombuds or the equivalent - California, Connecticut, Indiana, Iowa, Kansas, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Virginia and Washington.  Several other states have independent commissions that oversee corrections departments. 

The Corrections Ombuds would do what neither the Boards of Prison Visitors nor the internal grievance processes for staff and residents can do. The Boards are virtually inaccessible to residents and staff, do not have the requisite members (one former resident for each Board), and have no real authority. They meet at the institutions irregularly, and their agendas are controlled by DOC staff, meaning they are not independent in practice. Because each institution has separate Boards, they cannot address overarching Department policies and practices. Although occasionally effective, the current grievance processes for residents and staff do not have the confidence of either residents or employees. As a result, many issues -- some systemic -- go unaddressed.

The failure to address these issues through the Boards of Visitors and grievance processes can erupt in public, as these headlines from the last few years indicate: 

• "Former Long Creek inmate sues state, alleging excessive isolation, sexual assault as teen"

• "Educators, maintenance staff and supervisory staff at Long Creek Youth Development Center in South Portland outlined their concerns and demands in a letter to the Department of Corrections."

• "Maine guards mocked prisoners, disparaged minorities and shared confidential records" 

• "Hazing, harassment and inappropriate relations between staff and inmates alleged at Maine State Prison"

• "'It's Horrible' — Report Alleges Improper Care By Private Health Provider In Maine State Prison"

• "Maine State Prison residents launch hunger strike over conditions they call solitary confinement: Maine Dept. of Corrections confirmed the strike but disputes residents’ claims about conditions"

• "Man incarcerated at Maine State Prison alleges culture of abuse within facility"

• “Woman sues Maine corrections department for violating rights during pregnancy”

With a Corrections Ombuds in place, such concerns can be raised and addressed before they become public scandals or lawsuits, thus saving the state money. Most important, the work of a Corrections Ombuds will increase the health and safety of staff and residents in Maine's corrections system.