Bill Text: TX SB485 | 2017-2018 | 85th 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 1-0)
Status: (Introduced - Dead) 2017-02-06 - Referred to Criminal Justice [SB485 Detail]
Download: Texas-2017-SB485-Introduced.html
85R3070 JG-D | ||
By: Miles | S.B. No. 485 |
|
||
|
||
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) "Offender" means: | ||
(A) an inmate or state jail defendant confined in | ||
a facility operated by or under contract with the department; or | ||
(B) a person under supervision of the department | ||
following the person's release on parole or to mandatory | ||
supervision. | ||
(2) "Office" means the office of independent oversight | ||
ombudsman. | ||
(3) "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 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 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 separate from the | ||
legislative appropriations requests for the Commission on Jail | ||
Standards and the department and 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 two years, expiring February 1 of each | ||
odd-numbered year. | ||
(b) A person appointed as ombudsman is eligible for | ||
reappointment, provided that the person may not serve more than | ||
three terms in that capacity. | ||
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; | ||
(2) owns or controls, directly or indirectly, any | ||
interest in a business entity or other organization receiving funds | ||
from the department or the office; or | ||
(3) uses or receives any amount of tangible goods, | ||
services, or funds from the department or the office. | ||
(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 submit a | ||
quarterly report to the governor, the lieutenant governor, the | ||
state auditor, and each member of the legislature that is both | ||
aggregated and disaggregated by individual facility and describes: | ||
(1) the work of the ombudsman and office; | ||
(2) the results of any review or investigation | ||
undertaken by the ombudsman, including any review or investigation | ||
of services contracted by the department; and | ||
(3) any recommendations that the ombudsman has | ||
regarding: | ||
(A) the duties of the ombudsman; or | ||
(B) the operations of the department. | ||
(b) The ombudsman shall immediately report to 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 operated by or under contract with the department; or | ||
(4) interference by the department with an | ||
investigation conducted by the office. | ||
Sec. 512.055. COMMUNICATION AND CONFIDENTIALITY. (a) The | ||
department shall allow any offender to communicate with the | ||
ombudsman or an assistant 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 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 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 | ||
ensure that the rights of offenders are fully observed; | ||
(2) review complaints filed with the office concerning | ||
the actions of the department and investigate each complaint in | ||
which it appears that an offender may be in need of assistance from | ||
the ombudsman; | ||
(3) conduct investigations of complaints, other than | ||
complaints alleging criminal behavior, 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 systemic issue in the department's | ||
provision of services is raised by a complaint; | ||
(4) conduct audits to ensure compliance with the | ||
Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601 et | ||
seq.) and any regulation adopted under that act, including 28 | ||
C.F.R. Part 115; | ||
(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. | ||
Sec. 512.102. RETALIATION PROHIBITED. The department may | ||
not discharge 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. | ||
Sec. 512.103. TRAINING. The ombudsman shall attend annual | ||
training sessions, including any required training for | ||
correctional officers, and may participate in other appropriate | ||
professional training. | ||
SUBCHAPTER D. ACCESS TO INFORMATION | ||
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 offenders. | ||
(b) The Department of Public Safety and any local law | ||
enforcement agency shall allow the ombudsman access to their | ||
records relating to any offender. | ||
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. | ||
SECTION 2. As soon as practicable after the appointment of | ||
the ombudsman under Section 512.051, Government Code, as added by | ||
this Act, the ombudsman and the Texas Department of Criminal | ||
Justice shall enter into a memorandum of understanding to provide | ||
for the orderly transfer of certain duties, functions, programs, | ||
and activities of the department to the office of independent | ||
oversight ombudsman as necessary for the office to fulfill the | ||
office's duties under Chapter 512, Government Code, as added by | ||
this Act. The memorandum must provide for the transfer to the | ||
office of: | ||
(1) any funds appropriated to the department for the | ||
fiscal biennium ending August 31, 2019, specifically for a purpose, | ||
function, or duty that will be transferred to or performed by the | ||
office; and | ||
(2) the exclusive authority to address Step 2 | ||
grievances, as identified under the department's Offender | ||
Grievance Program as that program existed immediately before the | ||
effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2017. |