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KHS H06198'26_HB5921_INTR_1 o2ngpt
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 1
April 29, 2026, Introduced by Reps. Bohnak, Wortz, Prestin, Markkanen, Cavitt, Paquette,
Schmaltz, Wozniak, Meerman, Steele, Kunse, Outman, Dievendorf, Pavlov, Beson, St.
Germaine, Wilson, Brixie, Herzberg, McKinney, Price, Woolford, Young, Arbit, Aragona,
Schuette, Pohutsky, McFall, Jenkins -Arno, Steckloff, Wegela and Snyder and referred to
Committee on Judiciary.
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KHS H06198'26_HB5921_INTR_1 o2ngpt
prisoner complainant under section 4 and deciding to investigate 1
the complaint, the ombudsman shall notify the complainant, the 2
prisoner or prisoners affected, and the department. If the 3
ombudsman declines to investigate, the ombudsman shall notify the 4
complainant, in writing, and inform the prisoner or prisoners 5
affected of the reasons for the ombudsman's decision. 6
Sec. 11. Before announcing a conclusion or recommendation that 7
expressly or by implication criticizes a person or the department, 8
the ombudsman shall consult with that person or the department. 9
When publishing an opinion adverse to the department, or any 10
person, the ombudsman shall include in that publication a statement 11
of reasonable length made to him or her the ombudsman by the 12
department or person in defense or mitigation of the action if that 13
statement is provided within a reasonable period of time as 14
determined by the council. The ombudsman may request to be notified 15
by the department, within a specified time, of not later than 30 16
business days after the consultation with the department or person. 17
The department may request 1 extension of 14 business days to 18
provide the statement. The ombudsman shall report to the council if 19
the department fails to provide a response within the time limit 20
provided under this section. The department shall notify the 21
ombudsman not later than 30 business days after any action is taken 22
on any recommendation presented. The ombudsman shall notify the 23
complainant of the actions taken by the office and by the 24
department not later than 45 business days after the action is 25
taken. 26
Sec. 12. (1) The ombudsman shall submit to the council and the 27
legislature an annual report on the conduct of the office and make 28
the report available on the ombudsman's website. The annual report 29
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KHS H06198'26_HB5921_INTR_1 o2ngpt
must include all of the following: 1
(a) All of the following information for complaints: 2
(i) The total number of complaints that were received, 3
investigated, denied, resolved, unsubstantiated, or undecided. 4
(ii) The number of complaints received concerning each 5
correctional facility. 6
(iii) The number of complaints filed, broken down by subject 7
matter, including, but not limited to, racial discrimination and 8
medical treatment issues. 9
(b) Significant issues that were investigated. 10
(c) Each recommendation made to the department. 11
(d) The department's response to each recommendation. 12
(2) The ombudsman shall make monthly reports available on the 13
ombudsman's website that include for each month the information 14
described in subsection (1)(a). 15
Sec. 13. (1) A prisoner, prisoner advocate, or family member 16
must not be penalized in any way by an official or the department 17
as a result of filing a complaint, complaining to a legislator, or 18
cooperating with the ombudsman in investigating a complaint. 19
(2) A person or the department shall not hinder the lawful 20
actions of the ombudsman or employees of the office, or willfully 21
refuse to comply with lawful demands of the office. 22
(3) The department shall not take disciplinary action against 23
an employee for communicating with the ombudsman. 24
Sec. 14. The authority granted the ombudsman is in addition to 25
the authority granted under the provisions of any other act or rule 26
under which the remedy or right of appeal or objection is provided 27
for a person, or any procedure provided for the inquiry into or 28
investigation of any matter. The authority granted the ombudsman 29
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shall must not be construed to limit or affect the remedy or right 1
of appeal or objection and shall must not be deemed considered part 2
of an exclusionary process. 3
Enacting section 1. This amendatory act does not take effect 4
unless House Bill No. 5920 (request no. H06197'26) of the 103rd 5
Legislature is enacted into law. 6