Conn. Gen. Stat. § 18-81qq: Office of the Correction Ombuds.

(a)(1) There is, within the Office of Governmental Accountability established under section 1-300, the Office of the Correction Ombuds for the provision of ombuds services. The Correction Ombuds appointed pursuant to section 18-81jj shall be the head of said office.

(2) For purposes of this section, “ombuds services” includes:

(A) Evaluating the delivery of services to persons who are incarcerated by the Department of Correction;

(B) Reviewing periodically the nonemergency procedures established by the department to carry out the provisions of title 18 and evaluating whether such procedures conflict with the rights of persons who are incarcerated;

(C) Receiving communications, including telephone calls and electronic mail from persons who are incarcerated, who shall be permitted to make such telephone or electronic mail communications free of charge, regarding decisions, actions, omissions, policies, procedures, rules or regulations of the department;

(D) Conducting announced or unannounced site visits of correctional facilities administered by the department, without restrictions on such visits, including during periods when a facility is locked down or experiencing a facility-wide emergency, provided the department may restrict access to a portion of a facility in an emergency situation for the duration of the emergency. For the purpose of this subparagraph, a situation or event constituting an emergency shall be determined by the commissioner or the commissioner's designee, to be a situation constituting a significant risk to the safety or security of the facility, or the health, safety or security of department staff or persons who are incarcerated, or an event that significantly compromises the operations of the facility;

(E) Reviewing the operation of correctional facilities and nonemergency procedures employed at such facilities. Nonemergency procedures include, but are not limited to, the department's use of force procedures;

(F) Recommending procedure and policy revisions to the department;

(G) Taking all possible actions, including, but not limited to, conducting programs of public education, undertaking legislative advocacy and making proposals for systemic reform and formal legal action in order to secure and ensure the rights of persons in the custody of the commissioner. The Correction Ombuds is not authorized to institute litigation;

(H) Conducting surveys by sending or distributing during facility visits, confidential written and electronic communications or questionnaires to persons who are incarcerated or employees of the Department of Correction concerning conditions of confinement, working conditions or other subjects within the scope of the duties of the Office of the Correction Ombuds, without prior approval of the department. Such persons who are incarcerated or employees shall be permitted to complete and return to said office such surveys either in written format or electronically. No survey may be sent or distributed to an employee of the Department of Correction, unless the Correction Ombuds previously made such survey available for review and comment by the bargaining units representing such employees;

(I) Publishing on an Internet web site operated by the Office of the Correction Ombuds a semiannual summary of all ombuds services and activities during the six-month period before such publication; and

(J) Evaluating the provision of health care services, including, but not limited to, medical care, dental care, mental health care and substance use disorder treatment services, to persons who are incarcerated by the Department of Correction.

(b) Notwithstanding any provision of the general statutes, the Correction Ombuds shall act independently of any department in the performance of the office's duties.

(c) The Correction Ombuds may, within available funds, appoint such staff as may be deemed necessary. The duties of the staff may include the duties and powers of the Correction Ombuds if performed under the direction of the Correction Ombuds.

(d) (1) Notwithstanding any provision of the general statutes, the appropriations recommended for the Office of the Correction Ombuds shall be the estimates of the expenditure requirements transmitted to the Secretary of the Office of Policy and Management by the Correction Ombuds and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any, transmitted by said Correction Ombuds to the director of the Office of Policy and Management.

(2) Notwithstanding any provision of the general statutes, the Governor shall not reduce allotment requisitions or allotments in force concerning the Office of the Correction Ombuds.

(e) (1) The Correction Ombuds need not investigate a complaint, if the Correction Ombuds determines such investigation is not warranted. If the Correction Ombuds determines that such investigation is not warranted, the Correction Ombuds shall inform the person making the complaint of such decision in writing.

(2) In the course of an investigation, the Correction Ombuds shall rely on a variety of sources to corroborate matters raised by persons who are incarcerated or others. Where such matters turn on validation of particular incidents, the Correction Ombuds shall endeavor to rely on communications from persons who are incarcerated who have reasonably pursued a resolution of the complaint through any existing internal grievance procedures of the Department of Correction. In all events, the Correction Ombuds shall make good faith efforts to provide an opportunity to the Commissioner of Correction to investigate and to respond to such concerns prior to making such matters public.

(3) (A) At the conclusion of an investigation, the Correction Ombuds shall render a public decision on the merits of each complaint. Documents supporting the decision are subject to relevant confidentiality provisions, but may be disclosed by request of and to (i) the complainant or an authorized representative of the family of the complainant as disclosed to the Correction Ombuds, or (ii) the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction. The Correction Ombuds shall communicate the decision to the person making the complaint and to the department. The Correction Ombuds shall include in any decision findings of any department administrative directive, state or constitutional right that has been violated by the department or an employee of the department and recommendations and reasoning if, in the Correction Ombuds' opinion, the department or any employee should (I) further investigate the complaint; (II) modify or cancel an action of the department or employee; (III) alter a department rule, practice or ruling; (IV) explain in detail the action in question; or (V) rectify an omission of the department or employee.

(B) At least ninety-six hours prior to issuing a decision pursuant to subparagraph (A) of this subdivision that expressly, or by implication, criticizes the department or an employee of the department, the Correction Ombuds shall consult with the department or employee or a representative of the employee's bargaining unit, as applicable.

(4) At the Correction Ombuds' request, the department shall, during a period of time agreed upon with the Correction Ombuds, inform the Correction Ombuds of any action taken on recommendations contained in a decision pursuant to subdivision (3) of this subsection or any reason for not complying with any such recommendation. The Correction Ombuds shall notify the incarcerated person whose complaint resulted in a decision containing such recommendation, of any action taken by the department in response to such recommendation.

(f) All oral and written communications, including, but not limited to, in response to any survey, and records relating to such communications between a person in the custody of the Commissioner of Correction, or an employee of the Department of Correction, and the Correction Ombuds or a member of the Office of the Correction Ombuds staff, including, but not limited to, the identity of a complainant, the details of the communications and the Correction Ombuds' findings shall be confidential and exempt from the Freedom of Information Act, as defined in section 1-200, and shall not be disclosed without the consent of such person, except that the Correction Ombuds (1) may disclose without the consent of such person general findings or policy recommendations based on such communications, provided no individually identifiable information is disclosed, and (2) shall immediately disclose to the Commissioner of Correction any communication concerning a physical threat made against such person's self, a member of the public, an incarcerated person or an employee of the Department of Correction. For the purposes of this section, identical or blank surveys and questionnaires received by said office shall not be confidential.

(g) Notwithstanding the provisions of subsection (f) of this section, whenever in the course of carrying out the Correction Ombuds' duties, the Correction Ombuds or a member of the Office of the Correction Ombuds staff becomes aware of the commission or planned commission of a criminal act or threat that the Correction Ombuds reasonably believes is likely to result in death or substantial bodily harm, the Correction Ombuds shall immediately notify the Commissioner of Correction or an administrator of any correctional facility housing the perpetrator or potential perpetrator of such act or threat and the nature and target of the act or threat.

(h) Notwithstanding any provision of the general statutes concerning the confidentiality of records and information, the Correction Ombuds shall have access to, including the right to inspect and copy, any records necessary to carry out the responsibilities of the Correction Ombuds, as provided in this section. The provisions of this subsection shall not be construed to compel access to any record protected by the attorney-client privilege or attorney-work product doctrine or any record related to a pending internal investigation, external criminal investigation or emergency procedures. For purposes of this subsection, “emergency procedures” are procedures the Department of Correction uses to manage control of tools, keys and armories and concerning department emergency plans, emergency response units, facility security levels and standards and radio communications.

(i) The Correction Ombuds, if a commissioner of the Superior Court, may issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers and other documents and administer oaths to witnesses in any matter under investigation. Any such subpoena shall be served upon the person to whom such subpoena is issued not later than fifteen days prior to the time specified in the subpoena for compliance. Such person may, not later than fifteen days after service of such subpoena, or on or before the time specified in the subpoena for compliance, whichever is later, serve upon the Correction Ombuds written objection to the subpoena and file such objection in the superior court for the judicial district of Hartford, which shall adjudicate such objection in accordance with the rules of the court. If any person to whom such subpoena is issued fails to so object or appear or, having appeared, refuses to give testimony or fails to produce the evidence required, the Correction Ombuds may apply to the superior court for the judicial district of Hartford, which shall have jurisdiction to order such person to appear and give testimony or to produce such evidence, as the case may be.

(j) In the performance of the duties provided for in this section, the Correction Ombuds may communicate privately with any person in the custody of the commissioner. Such communications shall be confidential except as provided in subsections (e) and (f) of this section.

(k) (1) The Correction Ombuds may conduct hearings in accordance with the provisions of chapter 54 and may request that any person appear before the Correction Ombuds or at a hearing and give testimony or produce documentary or other evidence that the Correction Ombuds considers relevant to a matter under investigation.

(2) The Correction Ombuds, when scheduling such hearing, shall arrange an appearance of a person who is incarcerated or an employee of the department in cooperation with the department at a time and location that does not interfere with the operation of a correctional facility. Any appearance of a person who is incarcerated shall occur at the facility where such person is incarcerated at the time of the hearing.

(l) The Correction Ombuds shall make available to persons who are incarcerated confidential means by which to report concerns or otherwise submit complaints to the Correction Ombuds, which may include, but need not be limited to (1) electronic means or a locked box, accessible only by the Correction Ombuds and the employees of the Office of the Correction Ombuds, and (2) a hotline for persons who are incarcerated to communicate with said office. All measures shall be taken to ensure there is no risk or credible fear of retaliation against persons who are incarcerated for submitting complaints to the Correction Ombuds. Submission of complaints to the Correction Ombuds shall not be part of the department administrative grievance or appeal process, and the Correction Ombuds' decisions shall not constitute agency action. Nothing in this section shall be deemed to constitute part of the administrative exhaustion process. The Correction Ombuds shall not require persons who are incarcerated to file grievances or other inquiries as part of the department's system to be considered ripe for review by the Correction Ombuds.

(m) In the performance of the responsibilities provided for in this section, the Correction Ombuds may communicate privately with any person in the custody of the commissioner. Such communications shall be confidential except as provided in subsections (e) and (f) of this section.

(n) The Correction Ombuds may apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies, for the purpose of carrying out the Correction Ombuds' responsibilities. There is established a Correction Ombuds account, which shall be a separate, nonlapsing account. Any funds received under this subsection shall, upon deposit in the General Fund, be credited to said account and may be used by the Correction Ombuds in the performance of the Correction Ombuds' duties.

(o) The name, address and other personally identifiable information of a person who makes a complaint to the Correction Ombuds, information obtained or generated by the Office of the Correction Ombuds in the course of an investigation and all confidential records obtained by the Correction Ombuds or the office shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, or otherwise except as provided in subsections (f) and (g) of this section.

(p) No state or municipal agency shall discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a complaint to the Correction Ombuds or cooperates with the Office of the Correction Ombuds in an investigation.

(q) The Correction Ombuds may perform the following functions in the evaluation of the provision of health care services pursuant to subparagraph (J) of subdivision (2) of subsection (a) of this section:

(1) Receive, investigate and respond to complaints regarding access to or quality of health care services within the Department of Correction;

(2) Employ or contract with licensed health care professionals to provide independent clinical reviews of such complaints, when necessary;

(3) Collect and analyze health-related data across correctional facilities, including, but not limited to:

(A) Medical appointment wait times;

(B) Mental health care access;

(C) Medication access and continuity; and

(D) Incidences of hospitalizations and mortalities; and

(4) Make recommendations to the Departments of Correction and Public Health and the joint standing committees of the General Assembly having cognizance of matters relating to public health and the judiciary regarding necessary improvements in the delivery of health care services within correctional facilities.

(r) Not later than December first, annually, the Correction Ombuds shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction regarding the conditions of confinement in the state's correctional facilities and halfway houses, including, but not limited to, the delivery of health care services in such facilities and halfway houses. Such report shall detail the Correction Ombuds' findings and recommendations, including, but not limited to, recommendations for any improvements in the delivery of such services.