Bill Text: TX SB188 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the creation of the office of independent oversight ombudsman for the Texas Department of Criminal Justice.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-02-13 - Co-author authorized [SB188 Detail]
Download: Texas-2019-SB188-Introduced.html
86R1992 JG-D | ||
By: Miles | S.B. No. 188 |
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relating to the creation of the office of independent oversight | ||
ombudsman for the Texas Department of Criminal Justice. | ||
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. OFFICE OF INDEPENDENT OVERSIGHT OMBUDSMAN FOR TEXAS | ||
DEPARTMENT OF CRIMINAL JUSTICE | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 512.001. DEFINITIONS. In this chapter: | ||
(1) "Facility" means a facility operated by or under | ||
contract with the department that is used primarily for the | ||
confinement of offenders. | ||
(2) "Offender" means an inmate or state jail defendant | ||
confined in a facility. | ||
(3) "Office" means the office of independent oversight | ||
ombudsman. | ||
(4) "Ombudsman" means the individual appointed under | ||
this chapter as ombudsman for the office. | ||
Sec. 512.002. ESTABLISHMENT; PURPOSE. The office is a | ||
state agency established for the purpose of monitoring the | ||
conditions of confinement and treatment of offenders and | ||
investigating, evaluating, and securing the rights of offenders. | ||
The office is also responsible for in-depth review and analysis of | ||
data, determination of long-term needs, identification of critical | ||
issues and corresponding solutions, and assessment of the efficacy | ||
of existing programs. | ||
Sec. 512.003. INDEPENDENCE. The ombudsman acts | ||
independently of the department and the board in the performance of | ||
the ombudsman's powers and duties under this chapter. | ||
Sec. 512.004. ADMINISTRATIVE ATTACHMENT; SUPPORT; BUDGET. | ||
(a) The office is administratively attached to the Commission on | ||
Jail Standards. | ||
(b) The Commission on Jail Standards shall provide office | ||
space and administrative support services, including human | ||
resources, budgetary, accounting, purchasing, payroll, information | ||
technology, and legal support services, to the office as necessary | ||
to carry out the purposes of this chapter. | ||
(c) The office, in accordance with the rules and procedures | ||
of the Legislative Budget Board, shall prepare, approve, and submit | ||
a legislative appropriations request that is used to develop the | ||
office's budget structure. The office shall maintain the | ||
legislative appropriations request and budget structure separately | ||
from those of the Commission on Jail Standards and the department. | ||
SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE | ||
Sec. 512.051. APPOINTMENT OF OMBUDSMAN. (a) The governor | ||
shall appoint the ombudsman with the advice and consent of the | ||
senate for a term of four years. The ombudsman may be removed by the | ||
governor only for good cause. | ||
(b) A person may not serve as ombudsman for more than two | ||
terms. | ||
Sec. 512.052. ASSISTANTS. The ombudsman may appoint | ||
assistants to perform, under the direction of the ombudsman, the | ||
same duties and exercise the same powers as the ombudsman. | ||
Sec. 512.053. CONFLICT OF INTEREST. (a) A person may not | ||
serve as ombudsman or as an assistant 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 the | ||
department or the office or was employed by or participated in the | ||
management of such an entity or organization in the five years | ||
preceding the date of the person's appointment; | ||
(2) owns or controls, directly or indirectly, any | ||
interest in a business entity or other organization receiving funds | ||
from the department or the office; | ||
(3) uses or receives any amount of tangible goods, | ||
services, or funds from the department or the office; or | ||
(4) is an officer, employee, manager, or paid | ||
consultant of the department. | ||
(b) A person may not serve as ombudsman or as an assistant | ||
ombudsman if the person or the person's spouse is required to | ||
register as a lobbyist under Chapter 305 because of the person's | ||
activities for compensation on behalf of a profession related to | ||
the operation of the department or the office. | ||
(c) A person may not serve as ombudsman or as an assistant | ||
ombudsman if the person or the person's spouse is an officer, | ||
employee, manager, or paid consultant of a Texas trade association | ||
in the field of criminal or juvenile justice. | ||
(d) In this section, "Texas trade association" means a | ||
nonprofit, cooperative, and voluntarily joined association of | ||
business or professional competitors in this state designed to | ||
assist its members and its industry or profession in dealing with | ||
mutual business or professional problems and in promoting their | ||
common interest. | ||
Sec. 512.054. REPORT. (a) The ombudsman shall prepare and | ||
submit to the governor, the lieutenant governor, the state auditor, | ||
and each member of the legislature: | ||
(1) periodic reports that evaluate any current issues | ||
at individual facilities; and | ||
(2) an annual report that is both aggregated and | ||
disaggregated by individual facility and describes: | ||
(A) the work of the ombudsman and office; | ||
(B) the results of any review or investigation | ||
undertaken by the ombudsman, including any review or investigation | ||
of services contracted by the department; and | ||
(C) any recommendations that the ombudsman has | ||
regarding: | ||
(i) the duties of the ombudsman; or | ||
(ii) the operations of the department. | ||
(b) The ombudsman shall immediately report to the executive | ||
director or the executive director's designee, the governor, the | ||
lieutenant governor, the speaker of the house of representatives, | ||
the state auditor, and the office of the inspector general of the | ||
department any particularly serious or flagrant: | ||
(1) case of abuse or injury of an offender; | ||
(2) problem concerning the administration of a | ||
department program or operation; | ||
(3) problem concerning the delivery of services in a | ||
facility; or | ||
(4) interference by the department with an | ||
investigation conducted by the office. | ||
(c) The department shall develop a corrective action plan to | ||
specifically address any recommendation made by the ombudsman in a | ||
report submitted under this section. | ||
(d) The ombudsman shall make public each report submitted | ||
and corrective action plan developed under this section. | ||
Sec. 512.055. COMMUNICATION AND CONFIDENTIALITY. (a) The | ||
department shall establish procedures allowing any offender or | ||
facility administrator or employee to communicate with the | ||
ombudsman or an assistant ombudsman regarding a power or duty of the | ||
ombudsman or office. 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 ombudsman are confidential, except | ||
that the ombudsman shall: | ||
(1) share with the office of inspector general of the | ||
department a communication with an offender that may involve abuse | ||
or neglect; and | ||
(2) disclose the ombudsman's nonprivileged records if | ||
required by a court order on a showing of good cause. | ||
(c) The ombudsman may make public any report relating to an | ||
investigation after the investigation is complete, except that the | ||
names of all offenders, family members, and employees remain | ||
confidential and must be redacted before the report is made public. | ||
(d) The name, address, and other personally identifiable | ||
information of a person who files a complaint with the office, | ||
information generated by the office in the course of an | ||
investigation, and confidential records obtained by the office are | ||
confidential and not subject to disclosure under Chapter 552, | ||
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 an | ||
appropriate person if the office determines that disclosure is: | ||
(1) in the public interest; | ||
(2) necessary to enable the office or ombudsman to | ||
perform a duty under this chapter; or | ||
(3) necessary to identify, prevent, or treat physical | ||
or sexual assault or neglect of an offender. | ||
Sec. 512.056. PROMOTION OF AWARENESS. The ombudsman shall | ||
promote awareness among the department, the public, and offenders | ||
regarding: | ||
(1) how the office may be contacted; | ||
(2) the purpose of the office; and | ||
(3) the services the office provides. | ||
Sec. 512.057. RULEMAKING AUTHORITY. The office by rule | ||
shall establish policies and procedures for the operations of the | ||
office. | ||
Sec. 512.058. AUTHORITY OF STATE AUDITOR. The office is | ||
subject to audit by the state auditor in accordance with Chapter | ||
321. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 512.101. POWERS AND DUTIES. (a) The ombudsman shall: | ||
(1) review the procedures established by the | ||
department and evaluate the delivery of services to offenders to | ||
identify alternate procedures or services that would optimize the | ||
use of state resources while ensuring that the rights of offenders | ||
are fully observed; | ||
(2) review complaints concerning actions of the | ||
department; | ||
(3) conduct investigations of complaints and review | ||
criminal investigations conducted by the office of the inspector | ||
general of the department if the ombudsman determines that: | ||
(A) an offender or an offender's family may be in | ||
need of assistance from the ombudsman; or | ||
(B) a pattern of complaints exists suggesting | ||
that an issue affects more than one offender; | ||
(4) conduct audits to ensure compliance with the | ||
Prison Rape Elimination Act of 2003 (34 U.S.C. Section 30301 et | ||
seq.) and any regulation adopted under that act; | ||
(5) review or inspect periodically the facilities and | ||
procedures of any institution or residence in which an offender has | ||
been placed by the department, whether public or private, to ensure | ||
that the rights of offenders are fully observed; | ||
(6) provide assistance to an offender or family member | ||
who the ombudsman determines is in need of assistance, including | ||
advocating with an agency, provider, or other person in the best | ||
interests of the offender; | ||
(7) review court orders as necessary to fulfill the | ||
ombudsman's duties; | ||
(8) recommend changes in any procedure relating to the | ||
treatment of offenders; | ||
(9) make appropriate referrals under any of the powers | ||
and duties listed in this subsection; and | ||
(10) supervise an assistant ombudsman in the | ||
assistant's representation of offenders in internal administrative | ||
and disciplinary hearings. | ||
(b) The ombudsman may inform persons who are interested in | ||
an offender's welfare of the rights of the offender. | ||
(c) To determine if an offender's rights have been violated, | ||
the ombudsman may, in any matter that does not involve alleged | ||
criminal behavior, contact or consult with an administrator, an | ||
employee, a family member, an expert, another offender, or any | ||
other individual in the course of the ombudsman's investigation or | ||
to secure information. | ||
(d) Notwithstanding any other provision of this chapter, | ||
the ombudsman may not investigate alleged criminal behavior, except | ||
that the ombudsman may review, in accordance with Subsection | ||
(a)(3), a criminal investigation conducted by the office of the | ||
inspector general of the department to ensure that the | ||
investigation was conducted in an accurate, unbiased, and thorough | ||
manner. | ||
(e) The office may contract with subject matter experts as | ||
necessary to carry out a duty under this chapter. | ||
Sec. 512.102. RETALIATION PROHIBITED. The department may | ||
not: | ||
(1) discharge, discipline, or in any manner | ||
discriminate or retaliate against an employee who makes a good | ||
faith complaint to the office or cooperates with an investigation | ||
under this chapter; or | ||
(2) discipline or in any manner discriminate or | ||
retaliate against an offender who complains to or communicates or | ||
cooperates with the office in the course of the office carrying out | ||
its duties. | ||
Sec. 512.103. TRAINING. The ombudsman may attend training | ||
sessions for correctional officers or participate in other | ||
appropriate professional training. | ||
SUBCHAPTER D. ACCESS TO INFORMATION, FACILITIES, AND PERSONNEL | ||
Sec. 512.151. ACCESS TO INFORMATION OF CERTAIN GOVERNMENTAL | ||
ENTITIES. (a) The department shall allow the ombudsman access to | ||
the department's records relating to an offender or investigation. | ||
(b) The Department of Public Safety and any local law | ||
enforcement agency shall allow the ombudsman access to their | ||
records relating to any offender. | ||
(c) In allowing access to records under this section, the | ||
department, the Department of Public Safety, or a local law | ||
enforcement agency shall fully cooperate and collaborate with the | ||
office in a prompt manner in order for the office to carry out its | ||
duties and improve facility operations and conditions. | ||
Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES. | ||
The ombudsman may subpoena the records of a private entity that | ||
relate to a complaint the ombudsman is investigating. | ||
Sec. 512.153. ACCESS TO FACILITIES AND PERSONNEL. (a) The | ||
office may inspect or review without notice any part of a facility | ||
or any facility operation, policy, or procedure, including any | ||
operation, policy, or procedure relating to: | ||
(1) a condition of confinement; | ||
(2) offender discipline and the use of force against | ||
offenders; | ||
(3) an incident of assault or sexual assault; | ||
(4) death of or serious bodily injury to an offender; | ||
(5) the provision of health care, including mental | ||
health care; | ||
(6) the offender grievance process; | ||
(7) a telephone, mail, or visitation policy; | ||
(8) a rehabilitation, reentry, or reintegration | ||
program; and | ||
(9) employee recruitment, training, supervision, or | ||
discipline. | ||
(b) In conducting an investigation, the office may: | ||
(1) interview offenders and facility administrators | ||
or employees; | ||
(2) hold public hearings; and | ||
(3) issue a subpoena to compel the attendance of a | ||
relevant witness or the production of relevant records or | ||
documents. | ||
SUBCHAPTER E. ADVISORY BOARD | ||
Sec. 512.201. CREATION AND COMPOSITION OF ADVISORY BOARD. | ||
(a) An advisory board is created to advise the office in carrying | ||
out the office's duties under this chapter. | ||
(b) The advisory board is composed of the following members: | ||
(1) three members appointed by the governor; | ||
(2) three members appointed by the chair of the | ||
standing committee of the house of representatives having primary | ||
jurisdiction over the department; | ||
(3) three members appointed by the chair of the | ||
standing committee of the senate having primary jurisdiction over | ||
the department; | ||
(4) one member appointed by the primary author of the | ||
legislation enacting this chapter, but only if the author continues | ||
to be a member of the legislature; and | ||
(5) one member appointed by the primary sponsor of the | ||
legislation enacting this chapter, but only if the sponsor | ||
continues to be a member of the legislature. | ||
(c) The members appointed under Subsection (b) must | ||
include: | ||
(1) one member who is a family member of an offender or | ||
a former offender; | ||
(2) one member who is a health care professional; | ||
(3) one member who is a social worker; | ||
(4) one member with expertise in administrative or | ||
criminal investigations; | ||
(5) one member with expertise in sexual assault victim | ||
advocacy; | ||
(6) one member with expertise in occupational safety | ||
and health; and | ||
(7) one member with expertise in research and data | ||
analysis. | ||
(d) Chapter 2110 does not apply to the composition or | ||
duration of the advisory board. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the governor shall appoint an initial ombudsman under | ||
Chapter 512, Government Code, as added by this Act, to a term | ||
expiring February 1, 2023. | ||
SECTION 3. This Act takes effect September 1, 2019. |