Section 9-3804 - Investigation(a) The Office, in response to a complaint or on the Ombudsman's initiative, shall: (1) investigate any administrative act that the Ombudsman determines may be:(i) contrary to law or regulation;(ii) based on a mistake of fact;(iii) unsupported by sufficient evidence;(iv) performed in an inefficient manner;(v) unreasonable under the totality of the circumstances; or(vi) otherwise erroneous;(2) conduct independent reviews and assessments of: (i) health services, including substance use disorder assessments and treatment, provided to individuals confined by any agency;(ii) mental health services provided to individuals confined by any agency;(iii) plans by agencies to expand, renovate, or close facilities;(iv) educational and vocational programs for individuals confined by any agency; and(v) agency policies on restrictive or protective housing;(3) cooperate with any agency in efforts to improve the functioning of any agency or prevent abuses by agencies;(4) inspect any facilities owned or controlled by any agency to monitor conditions in the facilities;(5) seek to resolve complaints against an agency through mediation or other conflict resolution methods;(6) maintain a website that: (i) subject to the requirements of subsection (f) of this section, makes current and past reports available to the public; and(ii) provides contact information for the Office; and(7) adopt regulations necessary to carry out the requirements of this subtitle.(b)(1) The Office shall investigate each complaint about an administrative act, unless the Office determines that:(i) the complaint could be addressed through another process;(ii) the complaint is trivial, frivolous, vexatious, or not made in good faith;(iii) the complainant unreasonably delayed in bringing the complaint; or(iv) the Office lacks sufficient resources to investigate the complaint.
(2) The Office shall promptly inform a complainant of a decision not to investigate a complaint.(3) On request, the Office shall promptly inform a complainant of the status of an investigation.(4) On the completion of an investigation based on a complaint, the Office shall promptly inform the complainant of any conclusions, recommendations, and actions taken in response to the complaint.(c) If the Office determines that an employee or agent of an agency acted in a manner warranting criminal charges or disciplinary proceedings, the Office shall promptly refer the matter to appropriate authorities. (d) The Office may: (1) interview agency personnel or any individual confined by an agency;(2) access any records maintained by an agency;(3) perform unannounced site visits and on-site inspections of facilities maintained by an agency;(4) receive and respond to complaints without interception, review, or interference by an agency;(5) review all reports of disciplinary actions, grievances, and grievance dispositions by the agency; and
(6) collaborate with any agency or any unit of State government to investigate complaints or any alleged injury, neglect, or death of an individual confined by or under the supervision of an agency.(e)(1) The Office may subpoena any individual to appear to give sworn testimony or produce documentary evidence that is reasonably necessary to carry out the Office's duties.(2) If an individual fails or refuses to comply with a subpoena issued by the Office, a court of competent jurisdiction, on the application of the Office, may issue an attachment for the individual and compel the individual to comply with the subpoena, appear before the Office, and produce documentary evidence for examination and give testimony.(3) If an individual disobeys a subpoena or refuses to testify, the court may punish the individual for contempt.(f) In performing the duties assigned under this subtitle, the Office shall treat all complaints as confidential and may reveal the details of any complaints only if it is: (1) necessary to carry out the Office's duties; and(2) done in accordance with applicable State and federal law.Added by 2024 Md. Laws, Ch. 836,Sec. 2, eff. 7/1/2024.