Last night, a bill was introduced by the State’s Judiciary Committee that would strengthen the powers and lengthen the terms of the State’s Corrections Ombudsman, a position created in 2022 to serve as a watchdog of the Department of Corrections (DOC). The bill would also mandate the DOC to submit a body-camera implementation plan for corrections officers by January 1, 2026.
Governor Ned Lamont appointed DeVaughn Ward, a longtime civil rights and criminal defense attorney, to the position of Interim Ombudsman last fall. Ward attended a meeting held by Stop Solitary at the beginning of this year’s legislative session, in which he asked for the expansion of his position’s powers and the codification of them in the law, to prevent potential DOC interference.
“The number one bill to me, is a comprehensive review and update to the authorizing statute that creates the Office of the Corrections Ombuds” said Ward at that conference. “There are things that are in practice right now that I think should be enumerated in the statutes.”
Many of the provisions asked for by Ward at that meeting have been included in the language of this bill. Inside Investigator attempted to request a comment from Ward on this legislation via email, but received a bounce-back notification explaining that the Ombudsman’s Office email does not allow receipt of messages external to its organization.
The bill raised last night would extend the ombudsman’s terms from two years to four years, so as to run concurrently with that of the Governor’s. Furthermore, it alters the section of law that outlines the ombudsman’s position.
The bill would add stipulations allowing inmates a direct line to the ombudsman, either via call or email, free of charge. The bill stipulates the creation of confidential inmate reporting systems, such as locked boxes accessible only by the Ombudsman, and a confidential phoneline.
“All measures shall be taken to ensure there is no risk or credible fear of retaliation against persons who are incaracerated for submitting complaints,” reads the bill.
The bill also noted that any anonymous complaints received by the Ombudsman’s Office would follow a separate process from the grievance system, which is the current intra-DOC system with which inmates can file complaints and request investigations. The bill stipulates that any anonymous complaint made to the Ombudsman would not require a separate filing through the grievance process.
It would also allow the ombudsman to conduct surprise visits to correctional facilities, even during lockdowns, with a caveat that the DOC Commissioner can deem certain sections off-limits if they are seen to be too high-risk. The Ombudsman would also be given the right to provide anonymous surveys to inmates and DOC employees alike, without DOC pre-approval. These surveys, unless left blank, as well as any other mail sent to the Ombudsman from inmates and employees alike, would be considered “privileged communication.”
The bill would codify the Ombudsman’s investigation and enforcement procedures. It would allow the Ombudsman to subpoena both witnesses and documents through the course of investigations, communicate anonymously with any inmate during the course of an investigation, and set informal hearings with staff or inmates throughout the hearing process.
At the end of an investigation, the Ombudsman would render a public decision, both to the DOC and any complainant whose allegations prompted the investigation. The decision would provide the Ombudsman’s findings and any policy recommendations. The bill provides for the anonymity of the complainants and any corroborating witnesses’ identities in evidence included in such decisions.
The bill also outlines a follow-up mechanism, stipulating that the DOC would have to “inform the Correction Ombuds of any action taken on recommendations contained in a decision” or “any reason not complying any such recommendation.” The Ombudsman would notify any complainant pertinent to the investigation of “any action taken by the department in response to such recommendation, unless such action is confidential.”
While the bill focuses mainly on expanding the scope of the Ombudsman’s Office, it also makes several changes strengthening accountability measures as well, such as stipulating that corrections officers who witness abuse must report it directly to their facility’s warden, not their immediate supervisor, who then must report it to the state police, not the reporting officer’s supervisor, as is the current statutory policy. It also stipulates that the DOC must develop a plan for the implementation of body cameras for corrections officers by January 1, 2026.
The new bill also clearly outlines that any DOC use of “restraints, chemical agents, canines, chokeholds or munitions or forceable extraction from a cell,” falls under the statutory definition of “use of force,” seemingly in response to the lawsuit regarding the death of a DOC inmate that the state settled for $3.75 million last month.
A public hearing for the bill is currently scheduled for March 26. Given the recency of its filing, currently no written testimony has been submitted on behalf of the bill.
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