As many of our readers are aware, it has become common knowledge that MDOC/MSP officials,
who are responsible for the care and custody of inmates throughout the secure facilities, engage in
conduct that is inappropriate towards inmates, their friends and families. Many of us feel as if our
hands are tied, so to speak, with dealing with such actions. A majority of inmates, officers, and the
public, have been denied access to policies that are intended to put ʻchecksʼ on arbitrary actions that
result in mistreatment of the public and inmates. So why do most of us feel we are powerless in
dealing with complaints of misconduct??
For most, that sense of powerlessness evolves from our own ignorance of the laws that are there to
protect us. Most of us find ourselves unaware, or uninformed, of the provisions of policy and law that
offer a proper and just course of action to take in presenting our grievances to respective agency
authorities and the courts. There are also some of us who see our systems failures, and do
absolutely nothing to help address the problem.
If there are those who really want to see positive change, in the area of staff misconduct within our
institutions, itʼs going to take more than complaining to one another. Youʼre going to have to assert
your God given Right to grieve your government, including filing complaints with the proper
administrative heads. If they are not made aware of staff misconduct reports, then how can there be
change?
MDOC Policy 1.3.12, which was revised in April 2007, mandates that MSP/DOC staff restrict their
conduct to specific standards. Most will be surprised that the provisions of this policy, if actually put
into affect, will eliminate open practices of staff misconduct toward inmates, and the public. Notice
that policy incorporates: DOC 1.3.2., and its provisions are actually the only written policy requiring
officers and employees to follow the “Code of Ethics”. It also seems to be the only policy mandating
some accountability for staff conduct.
There is a “mandatory misconduct reporting form”, attached to this policy. The policy directive
requires staff to submit such forms upon mere knowledge, of policy and ethics violations. Failure to
report, is a reportable violation in and of itself.
It should be of utmost importance to those who have complaints of staff misconduct to utilize the
provisions of this policy. I find it important to note that until recently, either by accident or design, the
provisions of this policy were being systematically concealed from MSP staff, and inmates.
~Robert Rose, Montana State Prison
