Bill Text: TX HB3844 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the independent ombudsman for county jails.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-05-03 - Left pending in committee [HB3844 Detail]

Download: Texas-2017-HB3844-Introduced.html
  85R9803 JRR-D
 
  By: Rose H.B. No. 3844
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the independent ombudsman for county jails.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle G, Title 4, Government Code, is amended
  by adding Chapter 512 to read as follows:
  CHAPTER 512. INDEPENDENT OMBUDSMAN FOR COUNTY JAILS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 512.001.  DEFINITIONS. In this chapter:
               (1)  "County jail" means a facility operated by or for a
  county for the confinement of persons accused or convicted of an
  offense.
               (2)  "Independent ombudsman" means the individual
  appointed under Chapter 261, Human Resources Code, to the office of
  independent ombudsman.
               (3)  "Office" means the office of independent ombudsman
  created under Chapter 261, Human Resources Code.
               (4)  "Prisoner" means a person confined in a county
  jail.
         Sec. 512.002.  PURPOSE. An additional purpose of the office
  of independent ombudsman established under Chapter 261, Human
  Resources Code, is investigating, evaluating, and securing the
  rights of prisoners.
         Sec. 512.003.  INDEPENDENCE. The independent ombudsman in
  the performance of the ombudsman's duties and powers under this
  chapter acts independently of each county under the ombudsman's
  oversight, including the commissioners court or sheriff of a county
  and any division, department, or other body that is part of a
  county.
  SUBCHAPTER B. MANAGEMENT OF OFFICE
         Sec. 512.051.  CONFLICT OF INTEREST. (a)  In addition to the
  reasons specified by Section 261.053, Human Resources Code, a
  person may not serve as independent ombudsman or as an assistant to
  the independent ombudsman if the person or the person's spouse:
               (1)  is employed by or participates in the management
  of a business entity or other organization receiving funds from a
  sheriff's department;
               (2)  owns or controls, directly or indirectly, any
  interest in a business entity or other organization receiving funds
  from a sheriff's department; or
               (3)  uses or receives any amount of tangible goods,
  services, or funds from a sheriff's department.
         (b)  A person may not serve as independent ombudsman or as an
  assistant to the independent ombudsman if the person or the
  person's spouse is required to register as a lobbyist under Chapter
  305, Government Code, because of the person's activities for
  compensation on behalf of a profession related to the operation of a
  sheriff's department.
         Sec. 512.052.  REPORT. (a)  The independent ombudsman shall
  submit on a quarterly basis to the governor, the lieutenant
  governor, each member of the legislature, and the Commission on
  Jail Standards a report that is both aggregated and disaggregated
  by county jail and describes:
               (1)  the work of the independent ombudsman under this
  chapter;
               (2)  the results of any review or investigation
  undertaken by the independent ombudsman under this chapter; and
               (3)  any recommendations that the independent
  ombudsman has in relation to the duties of the independent
  ombudsman under this chapter.
         (b)  The independent ombudsman shall immediately report to
  the governor, the lieutenant governor, the speaker of the house of
  representatives, the Commission on Jail Standards, and the
  commissioners court of the applicable county any particularly
  serious or flagrant:
               (1)  case of abuse or injury of a prisoner;
               (2)  problem concerning the administration of a county
  jail program or operation;
               (3)  problem concerning the delivery of services in a
  county jail; or
               (4)  interference by a county with an investigation
  conducted by the office under this chapter.
         Sec. 512.053.  COMMUNICATION AND CONFIDENTIALITY. (a)  The
  sheriff of a county shall allow any prisoner to communicate with the
  independent ombudsman or an assistant to the independent ombudsman.  
  The communication:
               (1)  may be in person, by mail, or by any other means;
  and
               (2)  is confidential and privileged.
         (b)  The records of the independent ombudsman under this
  chapter are confidential, except that the independent ombudsman
  shall:
               (1)  share a communication made by a prisoner that may
  involve the abuse or neglect of the prisoner with the appropriate
  prosecutor of the county in which the prisoner is confined; and
               (2)  disclose its nonprivileged records if required by
  a court order on a showing of good cause.
         (c)  The independent ombudsman may make reports relating to
  an investigation under this chapter public after the investigation
  is complete but only if the names of all prisoners, family members,
  and employees are redacted from the report and remain confidential.
         (d)  The name, address, or other personally identifiable
  information of a person who files a complaint under this chapter
  with the office, information generated by the office in the course
  of an investigation under this chapter, and confidential records
  obtained by the office are confidential and not subject to
  disclosure under Chapter 552, Government Code, except that the
  information and records, other than confidential information and
  records concerning a pending law enforcement investigation or
  criminal action, may be disclosed to the appropriate person if the
  office determines that disclosure is:
               (1)  in the public interest;
               (2)  necessary to enable the office to perform the
  responsibilities provided under this section; or
               (3)  necessary to identify, prevent, or treat the abuse
  or neglect of a prisoner.
         Sec. 512.054.  PROMOTION OF AWARENESS OF OFFICE.  The
  independent ombudsman shall promote awareness among the public and
  prisoners of:
               (1)  how the office may be contacted;
               (2)  the office's purposes under this chapter; and
               (3)  the services the office provides under this
  chapter.
         Sec. 512.055.  RULEMAKING AUTHORITY. The office shall adopt
  rules necessary to implement Section 512.056, including rules that
  establish procedures for county jails to review and comment on
  reports of the office and for county jails to expedite or eliminate
  review of and comment on a report due to an emergency or a serious or
  flagrant circumstance described by Section 512.052(b).
         Sec. 512.056.  REVIEW AND FORMAT OF REPORTS. (a)  The office
  shall accept, both before and after publication, comments from a
  county jail concerning the following types of reports published by
  the office under this chapter:
               (1)  the office's quarterly report under Section
  512.052(a);
               (2)  reports concerning serious or flagrant
  circumstances under Section 512.052(b); and
               (3)  any other formal reports containing findings and
  making recommendations concerning systemic issues that affect a
  county jail.
         (b)  A county jail or sheriff may not submit comments under
  Subsection (a) after the 30th day after the date the report on which
  the jail or sheriff is commenting is published.
         (c)  The office shall ensure that reports described by
  Subsection (a) are in a format to which the county jail or sheriff
  can easily respond.
         (d)  After receipt of comments under this section, the office
  is not obligated to change any report or change the manner in which
  the office performs the duties of the office under this chapter.
  SUBCHAPTER C. DUTIES AND POWERS
         Sec. 512.101.  DUTIES AND POWERS. (a)  Notwithstanding any
  limitation imposed by Section 261.101, Human Resources Code, and in
  addition to the independent ombudsman's duties under that section,
  the independent ombudsman shall:
               (1)  review the procedures established by county jails
  and evaluate the delivery of services to prisoners to ensure that
  the rights of prisoners are fully observed;
               (2)  review complaints filed with the independent
  ombudsman concerning the actions of a county jail and investigate
  each complaint in which it appears that a prisoner may be in need of
  assistance from the independent ombudsman;
               (3)  conduct investigations of complaints, other than
  complaints alleging criminal behavior, if the office determines
  that:
                     (A)  a prisoner or a prisoner's family may be in
  need of assistance from the office; or
                     (B)  a systemic issue in a county jail's provision
  of services is raised by a complaint;
               (4)  provide assistance to a prisoner or family member
  who the independent ombudsman determines is in need of assistance,
  including advocating with an agency, provider, or other person in
  the best interests of the prisoner;
               (5)  recommend changes in any procedure relating to the
  treatment of prisoners;
               (6)  make appropriate referrals under any of the duties
  and powers listed in this subsection;
               (7)  supervise assistants who are serving as advocates
  in their representation of prisoners in internal administrative and
  disciplinary hearings; and
               (8)  immediately report substantiated findings of any
  investigation related to the health or safety of a prisoner to the
  sheriff and commissioners court of the county in which the prisoner
  is confined.
         (b)  The independent ombudsman may apprise persons who are
  interested in a prisoner's welfare of the rights of the prisoner.
         (c)  To assess if a prisoner's rights have been violated, the
  independent ombudsman may, in any matter that does not involve
  alleged criminal behavior:
               (1)  contact or consult with an administrator,
  employee, family member, expert, another prisoner, or any other
  individual in the course of the ombudsman's investigation or to
  secure information; and
               (2)  conduct confidential interviews with persons
  described by Subdivision (1), review official documents, files, and
  logs maintained by a county jail, and inspect any part of a county
  jail at any time.
         (d)  Notwithstanding any other provision of this chapter,
  the independent ombudsman may not investigate alleged criminal
  behavior.
         Sec. 512.102.  TREATMENT OF EMPLOYEES WHO COOPERATE WITH
  INDEPENDENT OMBUDSMAN. (a) A county may not discharge or in any
  manner discriminate or retaliate against an employee who in good
  faith makes a complaint to the office or cooperates with the office
  in an investigation under this chapter.
         (b)  The commissioners court of a county shall adopt policies
  to protect from adverse employment action a county employee who in
  good faith makes a complaint to the office or cooperates with the
  office in an investigation under this chapter.
         Sec. 512.103.  MEMORANDUM OF UNDERSTANDING. The office and
  the Commission on Jail Standards shall enter into a memorandum of
  understanding concerning:
               (1)  the most efficient manner in which to share
  information with one another; and
               (2)  opportunities for collaboration between the
  office and the commission.
  SUBCHAPTER D. ACCESS TO INFORMATION
         Sec. 512.151.  ACCESS TO INFORMATION OF GOVERNMENTAL
  ENTITIES. (a)  A county jail shall allow the independent ombudsman
  access to the jail's records relating to prisoners.
         (b)  The Department of Public Safety and any local law
  enforcement agency shall allow the independent ombudsman access to
  its records relating to a prisoner.
         Sec. 512.152.  ACCESS TO INFORMATION OF PRIVATE ENTITIES.  
  The independent ombudsman shall have access to the records of a
  private entity that relate to a prisoner.
         SECTION 2.  This Act takes effect September 1, 2017.
feedback