§ 41-7003 — Scope of investigations; complaints; investigative authority

A. The office may initiate and attempt to resolve an investigation on its own initiative or after receiving a complaint from an inmate, inmates' family member, inmate representative or department employee or contractor or any other person regarding any of the following that may adversely affect inmate health, safety, welfare or rights:

1. Abuse or neglect.

2. Conditions of confinement.

3. Department decisions or administrative actions.

4. Department inactions or omissions.

5. Department policies, rules or procedures.

6. Alleged violations of law by department staff.

B. The office may decline to investigate any complaint. If the office does not investigate a complaint, the office shall notify the complainant in writing of the decision not to investigate and the reasons for the decision.

C. The office may not investigate either of the following complaints:

1. A complaint that relates to an inmate's underlying criminal conviction.

2. A complaint from a department employee or contractor that relates to the employee's or contractor's employment relationship with the department unless the complaint relates to inmate health, safety, welfare or rehabilitation.

D. The office may refer the complainant and others to appropriate resources or state, tribal or federal agencies.

E. The office may not levy any fees for the submission or investigation of complaints.

F. The office shall remain neutral and impartial and may not act as an advocate for the complainant or the department.

G. After investigating a complaint, the office shall render a public decision on the merits of each complaint, except that the documents supporting the decision are subject to the confidentiality provisions of section 41-7005. The office shall inform the complainant and the department of the decision. The office shall state the office's recommendations and reasoning if, in the office's opinion, the department or any department employee or contractor should do any of the following:

1. Consider the matter further.

2. Modify or cancel any action.

3. Alter a rule, practice or ruling.

4. Explain in detail the administrative action in question.

5. Rectify an omission.

H. On the request of the office, the department, within the time specified by the office, shall inform the office in writing about any action taken on the recommendations or the reasons for not complying with the recommendations.

I. If the office believes, based on the investigation, that there has been or continues to be a significant inmate health, safety, welfare or rehabilitation issue, the office shall report the finding within ten business days to the governor, the attorney general, the president of the senate, the speaker of the house of representatives and the director of the department and shall provide a copy of this report to the secretary of state.

J. Before announcing a conclusion or recommendation that expressly or implicitly criticizes a person or the department, the office shall consult with that person or the department. The office may request to be notified by the department, within a specified time, of any action taken on any recommendation presented.

K. The office's action or lack of action on a complaint made pursuant to this chapter is not deemed an administrative procedure required for exhaustion of remedies before bringing an action pursuant to 42 United States Code section 1997e or filing a notice of claim pursuant to section 12-821.01.