HB 2553
Initials JH/MB Page 1 Government
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2553: independent corrections ombudsman office
Sponsor: Representative Blackman, LD 7
Committee on Government
Overview
Establishes the Office of the Independent Corrections Ombudsman (Office).
History
The Arizona Department of Corrections' (DOC) responsibilities encompass the various
institutions, facilities and programs which are part of the correctional program. The DOC is
also responsible for providing supervisory staff and administrative functions relating to the
institutionalization, rehabilitation and community supervision functions of all adult
offenders (A.R.S. § 41-1602).
Provisions
Powers and Duties
1. Establishes the Office. (Sec. 1)
2. Requires the Office to:
a) Provide information, as appropriate, to inmates, family members, inmate
representatives, Department employees and contractors and other persons regarding
the rights of prisoners;
b) Monitor the conditions of confinement and assess compliance with federal and state
rules, policies and best practices relating to inmate health, safety, welfare and
rehabilitation;
c) Provide technical assistance to support inmate participation in self-advocacy;
d) Provide technical assistance to local governments in establishing jail oversight bodies,
on request;
e) Establish a statewide uniform reporting system to collect and analyze data related to
specified complaints;
f) Establish procedures to gather stakeholder input;
g) Create inspection schedules for facilities and make publicly available facility
inspection reports;
h) Monitor capital improvement projects and needs;
i) Specifies the Office may not provide any legal assistance; and
j) Review, monitor and report on DOC's administrative remedies process. (Sec. 1)
3. Authorizes the Office to hire staff, contract experts, secure office space and equipment,
and secure other necessary services to carry out the duties of the Office. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2553
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4. Requires the Office to meet quarterly with the members of the correctional oversight
committee, the Governor and the DOC director, and, upon request, with specified
members of the Legislature. (Sec. 1)
5. Outlines the selection process, qualifications and term limits of the Ombudsman. (Sec. 1)
The Correctional Ombudsman Committee
6. Establishes the Correctional Ombudsman Committee (Committee). (Sec. 1)
7. Outlines membership qualifications, meeting schedule, terms and term limits. (Sec. 1)
8. Authorizes the Committee to select the Ombudsman after a public hearing and a majority
vote of the members. (Sec. 1)
9. Requires the Committee to hold quarterly public hearings to review and discuss any data,
reports or findings of the Office that the Committee deems relevant. (Sec. 1)
10. Requires the Committee to hold one public meeting each year to present, review and
discuss the Office's annual report on inspections, findings, reports and recommendations.
(Sec. 1)
11. Directs the Committee to conduct random, unannounced biannual facility inspections and
visit a different facility on each inspection. (Sec. 1)
12. Requires DOC to grant the Committee full access to the facility, inmates and staff for the
inspections. (Sec. 1)
13. Requires the committee co-chairpersons to meet with the Governor and DOC director at
least two times each year to report on the work and findings of the Committee. (Sec. 1)
14. Authorizes the Committee to issue subpoenas to DOC for records or for DOC staff to
appear and testify before the Committee. (Sec. 1)
Subpoena Authority
15. Authorizes the Office to have the same access to records, facilities, staff and inmates as
the DOC director. (Sec. 1)
16. Directs DOC to allow the Office to meet and communicate privately and confidentially
with inmates and states the communication between the Office and inmates is not
accessible to DOC employees. (Sec. 1)
17. Grants the Office the authority to access, inspect and copy all DOC information that the
Office considers necessary to investigate a complaint. (Sec. 1)
18. Requires DOC to comply with requests from the Office for information and to provide the
Office with access to records within 20 business days of the Office's written request. (Sec.
1)
19. Authorizes the Office to issue subpoenas to DOC for records. (Sec. 1)
Confidential Communications
20. States all communication with the Office or the Committee are confidential and
privileged. (Sec. 1)
21. Directs the Office to establish confidentiality rules and procedures to protect the
complainants' identities. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2553
Initials JH/MB Page 3 Government
Inspection Authority
22. Requires the Office to inspect each facility and release a public report within two years of
the effective date of this act. (Sec. 1)
23. Outlines the inspection requirements, report requirements and the inspection schedule.
(Sec. 1)
24. Requires the Office to make inspection reports publicly available and submit copies of the
reports to the Governor, Attorney General, Legislature, Committee, DOC director and
Secretary of State. (Sec. 1)
25. Directs the Office to establish a three-tiered facility classification system and assign the
facility to a classification after each visit. (Sec. 1)
26. Requires DOC to respond in writing within 20 business days after the inspection report
is issued and to include a corrective action plan, if needed, in the response. (Sec. 1)
Investigation Authority
27. Allows the Office to initiate an investigation on its own initiative or after receiving a
complaint describing an issue that may adversely affect inmate health, safety, welfare
and rights relating to the following concerns:
a) Abuse or neglect;
b) Confinement conditions;
c) ADC decisions or administrative actions;
d) ADC policies, rules or procedures; or
e) Alleged law violations by DOC staff. (Sec. 1)
28. States the Office may decline to investigate a complaint but must write to the
complainant of the decision and the reasons for the decision. (Sec. 1)
29. Requires the Office to decline to investigate a complaint from an inmate if the inmate has
failed first to use DOC's inmate grievance resolution policies, unless the inmate can
provide evidence that the complaint is legitimate and the inmate attempted to resolve the
complaint but was impeded by no fault of the inmate. (Sec. 1)
30. Requires the Office to inform an inmate of DOC's policies to resolve grievances and to
provide the inmate with information and forms necessary to resolve the grievance. (Sec.
1)
31. Prohibits the Office from investigating an inmate's underlying criminal conviction. (Sec.
1)
32. Specifies the Office may only investigate complaints from DOC staff if the complaint
relates to inmate health, safety, welfare or rehabilitation. (Sec. 1)
33. Allows the Office to refer the complainant to appropriate resources or state, tribal or
federal agencies. (Sec. 1)
34. Prohibits the Office from assessing fees for the submission or investigation of a complaint.
(Sec. 1)
35. Requires the Office to make a public decision on the merits of each complaint, except that
the documents supporting the decision are subject to confidentiality provisions. (Sec. 1)
36. Requires the Office to notify the inmate and DOC of the decision and meet with DOC, if
necessary, before publicly releasing the decision. (Sec. 1) HB 2553
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37. Specifies if the Office recommends DOC take a specific action, then the Office must state
the recommendations and reasoning. (Sec. 1)
38. Requires DOC to inform the Office of any actions taken, or not taken, after receiving the
Office's decision and recommendation. (Sec. 1)
39. Directs the Office to inform the Governor, Attorney General, Legislature, DOC Director,
Committee and Secretary of State if the Office found through an investigation a
significant issue regarding inmate health, safety, welfare or rehabilitation. (Sec. 1)
40. Prohibits DOC employees from retaliating against a person who filed a complaint and
authorizes the Office to investigate retaliation complaints. (Sec. 1)
Annual Report
41. Requires the Office to provide an annual report to the Governor, Attorney General,
Legislature, Committee, DOC director and Secretary of State on the Office's activities.
(Sec. 1)
42. Outlines the annual report's requirements. (Sec. 1)
Inmate and Family Member Complaint Forms and Hotline
43. Directs the Office to provide secure, online forms for people to submit complaints and
inquiries regarding eligible issues on behalf of an inmate. (Sec. 1)
44. Directs the Office to provide forms, in paper and on DOC's intranet, for inmates to submit
complaints and inquiries regarding eligible issues. (Sec. 1)
45. States DOC must make the inmate form available on paper or electronically, without
electronic monitoring, to inmates. (Sec. 1)
46. Directs the Office to establish telephone hotlines to receive complaints and inquiries. (Sec.
1)
47. Outlines the procedure for processing complaints received from the hotlines or forms.
(Sec. 1)
Miscellaneous Provisions
48. Defines relevant terms. (Sec. 1)
49. Terminates the Office on July 1, 2031. (Sec. 2)
50. Repeals the Office on January 1, 2032. (Sec. 2)
51. Establishes the initial terms of the Committee. (Sec. 3)
52. Contains a legislative intent clause. (Sec. 4)
53. Appropriates 0.1% of total annual monies appropriated to the Department of Corrections
for FY 2026 to go to the Office for expenses. (Sec. 5)
54. States the Legislatures intent for the appropriation to be considered ongoing funding in
future years and exempts the appropriations from lapsing. (Sec. 5)