| 69 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 41, chapter 8, article 5, Arizona Revised Statutes, is amended by adding section 41-1384, to read: START_STATUTE41-1384. Office of the independent corrections ombudsman; powers and duties; confidential communications; authority to investigate complaints; reporting requirements; definitions A. The Office of the independent Corrections ombudsman is established within the office of the ombudsman-citizens aide. The governor shall appoint a qualified person pursuant to section 38-211 of sound JUDGMENT, OBJECTIVITY and integrity who has experience in corrections-related law and policy to serve as the director of the OFFICE OF THE INDEPENDENT CORRECTIONS OMBUDSMAN. the director shall serve for a term of five years. The legislature, by concurrent resolution receiving a majority of the members of each house, or the governor may remove the director only for neglect of duty, misconduct or the inability to perform duties. Any vacancy must be filled by similar appointment pursuant to this subsection for the remainder of the unexpired term. B. A person is not eligible for APPOINTMENT to the office pursuant to subsection A of this section if the person or the person's spouse meets any of the following criteria: 1. Is or has been employed by or participates in the management of a business or other organization that received monies from the department within the previous ten years. 2. Owns or controls, directly or indirectly, any interest in a business or other organization THAT RECEIVEd MONIES from the department within the previous five years. 3. Uses or receives any amount of tangible goods, services or monies from the department. 4. Is required to register as a lobbyist on behalf of a profession related to the operation of the department. C. The Office shall: 1. Monitor the conditions of confinement and assess the Department's compliance with any applicable federal and state rules, policies and best practices that relate to inmate health, safety, welfare and rehabilitation. 2. Provide information, as appropriate, to inmates, inmates' family members, inmate representatives, Department employees and contractors and other persons regarding the rights of inmates. 3. Promote public awareness and understanding of the rights and RESPONSIBILITIES of inmates. 4. create a secure telephone hotline that is available to all department employees, contractors and inmates to file complaints and make inquiries regarding issues on their behalf. 5. Create secure online forms for all DEPARTMENT EMPLOYEES, inmates and inmates' family members to submit complaints electronically on the office's website. 6. Establish priorities for the use of the office's limited resources. 7. Monitor and participate in any legislative and policy developments affecting correctional facilities in this state. 8. Establish a statewide uniform reporting system to collect and analyze data related to complaints received by the Department. 9. Inspect each correctional facility at least once every two years. 10. Adopt any rules necessary to implement this section. 11. Establish procedures to gather stakeholder input into the office's activities and PRIORITIES, including SCHEDULING quarterly stakeholder MEETINGS. 12. On or before December 31 of each year, submit a report to the president of the senate, the speaker of the house of representatives, the minority leader of the senate, the minority leader of the house of representatives, the chairperson of the senate judiciary and elections committee, or its successor committee, and the chairperson of the house of representatives judiciary committee, or its successor committee, that includes all of the following: (a) The budget and expenditures of the office. (b) The number of complaints received and resolved by the Office. (c) A description of significant systemic or individual investigations or outcomes achieved by the Office during the previous year. (d) The number of inmate deaths while the inmate was in custody, including suicides and the number of suicide attempts while the inmate was in custody. (e) Any outstanding or unresolved concerns or RECOMMENDATIONS of the office. (f) All of the following information from the department: (i) The number of physical and sexual assaults in custody. (ii) The number of inmates who were placed in administrative segregation or solitary confinement and the duration of stay in segregation or solitary confinement. (iii) The number of facility lockdowns that lasted longer than twenty-four hours. (iv) The number of staff, the tenure of each staff member, the staff turnover rate, staff vacancies and staff compensation at each facility. (v) The number of inmates at each facility. (vi) The inmate-to-staff ratio at each facility. (vii) The number of in-person visits that were made for each inmate at each facility. (viii) The number of in-person visits that were denied for each inmate at each facility. (ix) The number of inmate complaints or grievances that were submitted to the department, the department's resolution of the complaint or grievance pursuant to the administrative remedies process and the amount of time it took the department to resolve each complaint or grievance. (g) The department's compliance with all of the following: (i) THE TRANSITION PROGRAM ESTABLISHED PURSUANT TO SECTION 31-281. (ii) THE RELEASE AND REPORTING PROVISIONS PRESCRIBED IN SECTION 31-285. (iii) THE REQUIREMENT AS PRESCRIBED IN SECTION 41-1602 TO PROVIDE REHABILITATION, AND THE NUMBER OF INMATES WHO ENROLL, PARTICIPATE IN AND COMPLETE THE DEPARTMENT'S REHABILITATIVE SELF-IMPROVEMENT AND TREATMENT PROGRAMS BY institution AND A DESCRIPTION OF EACH PROGRAM. (iv) THE EARNED RELEASE CREDIT PROGRAM PURSUANT TO SECTIONS 41-1604.06, 41-1604.07 AND 41-1604.10. (v) THE REPORTING REQUIREMENT PURSUANT TO SECTION 41-1604.14. (vi) THE DEPARTMENT'S OWN POLICIES REGARDING INDUSTRY-RECOMMENDED REPORTING GUIDELINES. (g) The department's compliance with all of the following: (i) THE INMATE TRANSITION PROGRAM ESTABLISHED PURSUANT TO SECTION 31-281. (ii) THE RELEASE AND REPORTING PROVISIONS PRESCRIBED IN SECTION 31-285. (iii) THE REQUIREMENT AS PRESCRIBED IN SECTION 41-1602 TO PROVIDE REHABILITATION AND THE NUMBER OF INMATES WHO ENROLL AND PARTICIPATE IN AND COMPLETE THE DEPARTMENT'S REHABILITATIVE SELF-IMPROVEMENT AND TREATMENT PROGRAMS BY AND A DESCRIPTION OF EACH PROGRAM. (iv) THE EARNED RELEASE CREDIT PROGRAM PURSUANT TO SECTIONS 41-1604.06, 41-1604.07 AND 41-1604.10. (v) THE REPORTING REQUIREMENTS PURSUANT TO SECTION 41-1604.14. (vi) THE DEPARTMENT'S OWN POLICIES REGARDING INDUSTRY RECOMMENDED REPORTING GUIDELINES. D. The office may initiate and attempt to resolve an investigation on its own initiative or after receiving a complaint from an inmate, inmates' family member, inmate representative, Department employee or contractor or any other person regarding any of the following that may adversely affect inmate health, safety, welfare and rights: 1. Abuse or neglect. 2. Conditions of confinement. 3. Department decisions or administrative actions. 4. Department inactions or omissions. 5. Department policies, rules or procedures. 6. Alleged violations of law by Department staff. E. The office may decline to investigate any complaint. IF THE OFFICE DOES NOT INVESTIGATE A COMPLAINT, THE OFFICE SHALL NOTIFY THE COMPLAINANT IN WRITING OF THE DECISION NOT TO INVESTIGATE AND THE REASONS FOR THE DECISION. F. THE OFFICE MAY NOT INVESTIGATE EITHER OF THE FOLLOWING COMPLAINTS: 1. A COMPLAINT THAT RELATES TO AN INMATE'S UNDERLYING CRIMINAL CONVICTION. 2. A COMPLAINT FROM A DEPARTMENT EMPLOYEE OR CONTRACTOR THAT RELATES TO THE EMPLOYEE'S OR CONTRACTOR'S EMPLOYMENT RELATIONSHIP WITH THE DEPARTMENT UNLESS THE COMPLAINT RELATES TO INMATE HEALTH, SAFETY, WELFARE OR REHABILITATION. G. The Office may refer the complainant and others to appropriate resources or state, Tribal or federal agencies. H. The Office may not levy any fees for the submission or investigation of complaints. I. The office shall remain neutral and impartial and may not act as an advocate for the complainant or the department. J. After investigating a complaint, the Office shall render a public decision on the merits of each complaint, except that the documents supporting the decision are subject to the confidentiality provisions of subsections n and o of this section. The Office shall inform the inmate and the department of the decision. The Office shall state the office's recommendations and reasoning if, in the Office's opinion, the Department or any department employee or contractor should do any of the following: 1. Consider the matter further. 2. Modify or cancel any action. 3. Alter a rule, practice or ruling. 4. Explain in detail the administrative action in question. 5. Rectify an omission. K. On the request of the Office, the Department, within the time specified, shall inform the Office in writing about any action taken on the recommendations or the reasons for not complying with the recommendations. L. If the Office believes, based on the investigation, that there has been or continues to be a significant inmate health, safety, welfare or rehabilitation issue, the Office shall report the finding to the Governor, the Attorney General, the president of the Senate, the speaker of the House of representatives and the Director of the Department and shall provide a copy of this report to the secretary of state. M. Before announcing a conclusion or recommendation that expressly or implicitly criticizes a person or the Department, the Office shall consult with that person or the Department. The Office may request to be notified by the Department, within a specified time, of any action taken on any recommendation presented. n. All Correspondence and communication between the Office and the department are confidential and privileged. o. The Office shall establish confidentiality rules and procedures for all information maintained by the Office to ensure that the identity of a complainant remains confidential before, during and after an investigation to the greatest extent practicable. The Office may disclose a complainant's identifying information for the sole purpose of carrying out an investigation. p. To the extent the office believes is reasonably necessary, the Office: 1. shall reveal information obtained in the course of an investigation to prevent reasonably certain death or substantial bodily harm. 2. May reveal information obtained IN THE COURSE OF AN INVESTIGATION to prevent the commission of a crime. q. If the office believes it is necessary to reveal information pursuant to subsection p of this section, the office shall provide a copy of the intended disclosure to the department for review before releasing the information to any other person or entity. If the office receives personally identifying information about a person during the course of an investigation that the office determines is unrelated or unnecessary to the investigation, the office may not further disclose such information. r. The Office shall have access in the same manner as the director of the department, in person and with or without prior notice, to all facilities, including all areas that are used by or are otherwise accessible to inmates, department staff and contractors, to programs for inmates at reasonable times, including access during normal working hours and visiting hours and to any inmate, Department employee or contractor or other person to conduct interviews for the purpose of: 1. Providing information about individual rights and the services available from the Office, including the name, address and telephone number of the Office facilities or staff. 2. Conducting official inspections. s. The Office may access, inspect and copy all relevant information, records or documents that are in the possession or control of the Department and that the Office considers necessary to investigate a complaint. The Department shall assist the Office in obtaining the necessary releases for those documents that are specifically restricted or privileged for use by the Office. t. Following notification from the Office with a written demand for access to Department records, the designated Department staff shall provide the Office with access to the requested documentation not later than twenty business days after the Office's written request for the records. If the requested records pertain to an inmate death, threats of bodily harm, including sexual or physical assaults, or the denial of necessary medical treatment, the department shall provide the records within five days, unless the Office consents to an extension of that time frame. u. THE OFFICE SHALL WORK WITH THE DEPARTMENT TO MINIMIZE DISRUPTION TO THE OPERATIONS OF THE DEPARTMENT DUE TO OFFICE ACTIVITIES AND SHALL COMPLY WITH THE DEPARTMENT'S REASONABLE SECURITY CLEARANCE PROCESSES, IF THESE PROCESSES DO NOT IMPEDE THE ACTIVITIES ALLOWED BY THIS SECTION. v. THE office MAY ISSUE SUBPOENAS TO THE DEPARTMENT FOR RECORDS, DOCUMENTS OR DATA IN THE DEPARTMENT'S POSSESSION AND FOR DEPARTMENT STAFF, CONTRACTORS OR REPRESENTATIVES. A SUBPOENA that IS SERVED, ON APPLICATION TO THE COURT, MAY be ENFORCEd IN THE SAME MANNER PROVIDED BY LAW FOR THE SERVICE AND ENFORCEMENT OF A SUBPOENA IN A CIVIL ACTION. IF the department FAILS TO COMPLY WITH A SUBPOENA, THE office MAY PURSUE ENFORCEMENT OF THE SUBPOENA IN A COURT OR REFER THE SUBPOENA TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF SENATE OR THE chairperson OF ANY COMMITTEE OF THE LEGISLATURE FOR ENFORCEMENT IN THE SAME MANNER AND SUBJECT TO THE SAME PENALTIES PRESCRIBED IN ARTICLE 4 OF THIS chapter. w. The office's action or lack of action on a complaint made pursuant to this section is not deemed an administrative procedure required for exhaustion of remedies before bringing an action pursuant to 42 United States code section 1997e or filing a notice of claim pursuant to section 12-821.01. X. The office shall be independent of any supervision or control by the office of the ombudsman-citizens aide or by any board or officer of the office of the ombudsman-citizens aide.X. The office shall be independent of any supervision or control by the office of the ombudsman-citizens aide or by any board or officer of the office of the ombudsman-citizens aid. Y. For the purposes of this section: 1. "Department" means the state department of corrections. 2. "Office" means The office of the independent corrections ombudsman. END_STATUTE Sec. 2. Section 41-1604, Arizona Revised Statutes, is amended to read: START_STATUTE41-1604. Duties and powers of director A. The director shall: 1. Be responsible for the overall operations and policies of the department. 2. Maintain and administer all institutions and programs within the department, including prisons, reception and diagnostic centers, conservation camps, community correctional centers and such other facilities and programs as may be required and established for the custody, control, correction, treatment and rehabilitation of all adult offenders who are committed to the department. 3. Be responsible for the administration and execution of all community supervision services, including those for adult offenders who are released in accordance with law. 4. Develop a program to provide uniform statewide community supervision field services in this state and employ parole or community supervision officers based on qualifications prescribed by the director, including physical, psychological and educational qualifications and practical experience. 5. Be responsible for the development of policies and programs that shall be recommended to the governor and the legislature for the purpose of improving the various adult correctional programs of this state. 6. Develop and establish a uniform statewide method of reporting statistics as related to this chapter. 7. Subject to chapter 4, article 4 of this title, employ deputy directors and other key personnel based on qualifications prescribed by the director that require education and practical experience. 8. Adopt rules pursuant to chapter 6 of this title for the development of incentives to encourage good behavior and the faithful performance of work by prisoners. 9. Adopt rules pursuant to chapter 6 of this title to limit inmate access to the internet through the use of a computer, computer system, network, computer service provider or remote computing service. 10. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region. 11. On or before December 31 of each year, submit a report to the president of the senate, the speaker of the house of representatives, the minority leader of the senate, the minority leader of the house of representatives, the chairperson of the senate judiciary committee, or its successor committee, and the chairperson of the house of representatives judiciary committee, or its successor committee, that includes all of the following: (a) The number of inmate deaths while the inmate was in custody, including suicides, and the number of suicide attempts while the inmate was in custody. (b) The number of physical and sexual assaults in custody. (c) The number of inmates who were placed in administrative segregation or solitary confinement and the duration of stay in segregation or confinement. (d) The number of facility lockdowns that lasted longer than twenty-four hours. (e) The number of staff, the tenure of each staff member, the staff turnover rate, staff vacancies and staff compensation at each facility. (f) The number of inmates at each facility. (g) The inmate-to-staff ratio at each facility. (h) The number of in-person visits that were made for each inmate at each facility. (i) The number of in-person visits that were denied for each inmate at each facility. (j) The number of inmate complaints or grievances that were submitted to the department, the department's resolution of the complaint or grievance pursuant to the administrative remedies process and the amount of time it took the department to resolve each complaint or grievance. B. The director may: 1. Adopt rules to implement the purposes of the department and the duties and powers of the director. 2. Take any administrative action to improve the efficiency of the department, including the following: (a) Create new divisions or units or consolidate divisions or units. (b) Subject to chapter 4, article 4 of this title, transfer employees between the various divisions and units of the department. (c) Shift duties between divisions or units. (d) Delegate to appropriate personnel the administrative functions, powers or duties that the director believes can be competently, efficiently and properly performed. The director shall not delegate the responsibilities in subsection A, paragraphs 1 and 5 of this section. (e) Transfer adult inmates between adult institutions or adult facilities. (f) Authorize work crews to perform acceptable tasks in any part of this state. (g) Accept unconvicted persons pursuant to a court order for the purposes of examination and treatment regarding competency to understand any stage of a criminal proceeding after indictment or information or their ability to assist in their own defense. (h) Accept convicted yet unsentenced persons pursuant to a court order for the purposes of conducting a mental health examination or a diagnostic evaluation. (i) Subject to chapter 4, article 4 and, as applicable, article 5 of this title, appoint certain employees of the department to peace officer status for the purposes of guarding, transporting or pursuing persons who are under the jurisdiction of the department and appoint certain employees of the department to peace officer status for the purposes of investigating or arresting persons who commit or attempt to commit offenses directly relating to the operations of the department. Peace officers of the department shall not preempt the authority and jurisdiction of established agencies of this state and political subdivisions of this state. Such officers shall notify agencies of this state and political subdivisions of this state before conducting an investigation within the jurisdiction of the agency and before making an arrest within the jurisdiction of the agency and shall ask, except in an emergency, if the agency wishes to participate, perform the investigation or arrest the person to be arrested before proceeding. Personnel who are appointed as peace officers by the director shall have the minimum qualifications established for peace officers pursuant to section 41-1822. Personnel who are appointed by the director pursuant to this subdivision are not eligible to participate in the public safety personnel retirement system except as otherwise provided in title 38, chapter 5, article 4. (j) Operate travel reduction programs that are subsidized by the department for employees who commute between work and home by vanpools, carpools and buses or in vehicles that are purchased or leased by the department. 3. Establish by rule a onetime fee for conducting background checks on any person who enters a department facility to visit a prisoner. A fee shall not be charged for a person who is under eighteen years of age. The director may adopt rules that waive all or part of the fee. The director shall deposit, pursuant to sections 35-146 and 35-147, any monies collected pursuant to this paragraph in the department of corrections building renewal fund established by section 41-797. END_STATUTE Sec. 3. Repeal Section 41-1610.02, Arizona Revised Statutes, is repealed. Sec. 4. Appropriation; office of the independent corrections ombudsman; intent; exemption A. The sum of $1,500,000 is appropriated from the state general fund in fiscal year 2025-2026 to the office of the independent corrections ombudsman established by section 41-1384, Arizona Revised Statutes, as added by this act. B. The legislature intends that the appropriation made in subsection A of this section be considered ongoing funding in future years. C. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.3.Section 41-1610.02, Arizona Revised Statutes, is repealed. Sec. 4. Appropriation; office of the independent corrections ombudsman; exemption A. The sum of $1,500,000 is appropriated from the state general fund in fiscal year 2025-2026 to the office of the independent corrections ombudsman established by section 41-1279.08, Arizona revised statutes, as added by this act. B. The legislature intends that the appropriation made in subsection a of this section be considered ongoing funding in future years. C. The appropriation made in subsection a of this section is exempt from the provisions of section 35-190, Arizona revised statutes, relating to lapsing of appropriations. |
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| 78 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 41, chapter 7, article 10.1, Arizona Revised Statutes, is amended by adding section 41-1279.08, to read: START_STATUTE41-1279.08. Office of the independent corrections ombudsman; powers and duties; confidential communications; authority to investigate complaints; reporting requirements; definitions A. The Office of the independent Corrections ombudsman is established within the office of the auditor general. The governor shall appoint a qualified person pursuant to section 38-211 of sound JUDGMENT, OBJECTIVITY and integrity who has experience in corrections-related law and policy to serve as the director of the OFFICE OF THE INDEPENDENT CORRECTIONS OMBUDSMAN. the director shall serve for a term of five years. The legislature, by concurrent resolution receiving a majority of the members of each house, or the governor may remove the director only for neglect of duty, misconduct or the inability to perform duties. Any vacancy must be filled by similar appointment pursuant to this subsection for the remainder of the unexpired term. B. A person is not eligible for APPOINTMENT to the office pursuant to subsection A of this section if the person or the person's spouse meets any of the following: 1. Is or has been employed by or participates in the management of a business or other organization that received monies from the department within the previous ten years. 2. Owns or controls, directly or indirectly, any interest in a business or other organization THAT RECEIVEd MONIES from the department within the previous five years. 3. Uses or receives any amount of tangible goods, services or monies from the department. 4. Is required to register as a lobbyist on behalf of a profession related to the operation of the department. C. The Office shall: 1. Monitor the conditions of confinement and assess the Department's compliance with any applicable federal and state rules, policies and best practices that relate to inmate health, safety, welfare and rehabilitation. 2. Provide information, as appropriate, to inmates, inmates' family members, inmate representatives, Department employees and contractors and other persons regarding the rights of inmates. 3. Promote public awareness and understanding of the rights and RESPONSIBILITIES of inmates. 4. create a secure telephone hotline that is available to all department employees, contractors and inmates to file complaints and make inquiries regarding issues on their behalf. 5. Create secure online forms for all DEPARTMENT EMPLOYEES, inmates and inmates' family members to submit complaints electronically on the office's website. 6. Establish priorities for the use of the office's limited resources. 7. Monitor and participate in any legislative and policy developments affecting correctional facilities in this state. 8. Establish a statewide uniform reporting system to collect and analyze data related to complaints received by the Department. 9. Inspect each correctional facility at least once every two years. 10. Adopt any rules necessary to implement this section. 11. Establish procedures to gather stakeholder input into the office's activities and PRIORITIES, including SCHEDULING quarterly stakeholder MEETINGS. 12. On or before December 31 of each year, submit a report to the president of the senate, the speaker of the house of representatives, the minority leader of the senate, the minority leader of the house of representatives, the chairperson of the senate judiciary and elections committee, or its successor committee, and the chairperson of the house of representatives judiciary committee, or its successor committee, that includes all of the following: (a) The budget and expenditures of the office. (b) The number of complaints received and resolved by the Office. (c) A description of significant systemic or individual investigations or outcomes achieved by the Office during the previous year. (d) The number of inmate deaths while the inmate was in custody, including suicides and the number of suicide attempts while the inmate was in custody. (e) Any outstanding or unresolved concerns or RECOMMENDATIONS of the office. (f) All of the following information from the department: (i) The number of physical and sexual assaults in custody. (ii) The number of inmates who were placed in administrative segregation or solitary confinement and the duration of stay in segregation or solitary confinement. (iii) The number of facility lockdowns that lasted longer than twenty-four hours. (iv) The number of staff, the tenure of each staff member, the staff turnover rate, staff vacancies and staff compensation at each facility. (v) The number of inmates at each facility. (vi) The inmate-to-staff ratio at each facility. (vii) The number of in-person visits that were made for each inmate at each facility. (viii) The number of in-person visits that were denied for each inmate at each facility. (ix) The number of inmate complaints or grievances that were submitted to the department, the department's resolution of the complaint or grievance pursuant to the administrative remedies process and the amount of time it took the department to resolve each complaint or grievance. D. The office may initiate and attempt to resolve an investigation on its own initiative or after receiving a complaint from an inmate, inmates' family member, inmate representative, Department employee or contractor or any other person regarding any of the following that may adversely affect inmate health, safety, welfare and rights: 1. Abuse or neglect. 2. Conditions of confinement. 3. Department decisions or administrative actions. 4. Department inactions or omissions. 5. Department policies, rules or procedures. 6. Alleged violations of law by Department staff. E. The office may decline to investigate any complaint. IF THE OFFICE DOES NOT INVESTIGATE A COMPLAINT, THE OFFICE SHALL NOTIFY THE COMPLAINANT IN WRITING OF THE DECISION NOT TO INVESTIGATE AND THE REASONS FOR THE DECISION. F. THE OFFICE MAY NOT INVESTIGATE EITHER OF THE FOLLOWING COMPLAINTS: 1. A COMPLAINT THAT RELATES TO AN INMATE'S UNDERLYING CRIMINAL CONVICTION. 2. A COMPLAINT FROM A DEPARTMENT EMPLOYEE OR CONTRACTOR THAT RELATES TO THE EMPLOYEE'S OR CONTRACTOR'S EMPLOYMENT RELATIONSHIP WITH THE DEPARTMENT UNLESS THE COMPLAINT RELATES TO INMATE HEALTH, SAFETY, WELFARE OR REHABILITATION. G. The Office may refer the complainant and others to appropriate resources or state, Tribal or federal agencies. H. The Office may not levy any fees for the submission or investigation of complaints. I. The office shall remain neutral and impartial and may not act as an advocate for the complainant or the department. J. After investigating a complaint, the Office shall render a public decision on the merits of each complaint, except that the documents supporting the decision are subject to the confidentiality provisions of subsections n and o of this section. The Office shall inform the inmate and the department of the decision. The Office shall state the office's recommendations and reasoning if, in the Office's opinion, the Department or any department employee or contractor should do any of the following: 1. Consider the matter further. 2. Modify or cancel any action. 3. Alter a rule, practice or ruling. 4. Explain in detail the administrative action in question. 5. Rectify an omission. K. On the request of the Office, the Department, within the time specified, shall inform the Office in writing about any action taken on the recommendations or the reasons for not complying with the recommendations. L. If the Office believes, based on the investigation, that there has been or continues to be a significant inmate health, safety, welfare or rehabilitation issue, the Office shall report the finding to the Governor, the Attorney General, the president of the Senate, the speaker of the House of representatives and the Director of the Department and shall provide a copy of this report to the secretary of state. M. Before announcing a conclusion or recommendation that expressly or implicitly criticizes a person or the Department, the Office shall consult with that person or the Department. The Office may request to be notified by the Department, within a specified time, of any action taken on any recommendation presented. n. All Correspondence and communication between the Office and the department are confidential and privileged. o. The Office shall establish confidentiality rules and procedures for all information maintained by the Office to ensure that the identity of a complainant remains confidential before, during and after an investigation to the greatest extent practicable. The Office may disclose a complainant's identifying information for the sole purpose of carrying out an investigation. p. To the extent the office believes is reasonably necessary, the Office: 1. shall reveal information obtained in the course of an investigation to prevent reasonably certain death or substantial bodily harm. 2. May reveal information obtained IN THE COURSE OF AN INVESTIGATION to prevent the commission of a crime. q. If the office believes it is necessary to reveal information pursuant to subsection p of this section, the office shall provide a copy of the intended disclosure to the department for review before releasing the information to any other person or entity. If the office receives personally identifying information about a person during the course of an investigation that the office determines is unrelated or unnecessary to the investigation, the office may not further disclose such information. r. The Office shall have access in the same manner as the director of the department, in person and with or without prior notice, to all facilities, including all areas that are used by or are otherwise accessible to inmates, department staff and contractors, to programs for inmates at reasonable times, including access during normal working hours and visiting hours and to any inmate, Department employee or contractor or other person to conduct interviews for the purpose of: 1. Providing information about individual rights and the services available from the Office, including the name, address and telephone number of the Office facilities or staff. 2. Conducting official inspections. s. The Office may access, inspect and copy all relevant information, records or documents that are in the possession or control of the Department and that the Office considers necessary to investigate a complaint. The Department shall assist the Office in obtaining the necessary releases for those documents that are specifically restricted or privileged for use by the Office. t. Following notification from the Office with a written demand for access to Department records, the designated Department staff shall provide the Office with access to the requested documentation not later than twenty business days after the Office's written request for the records. If the requested records pertain to an inmate death, threats of bodily harm, including sexual or physical assaults, or the denial of necessary medical treatment, the department shall provide the records within five days, unless the Office consents to an extension of that time frame. u. THE OFFICE SHALL WORK WITH THE DEPARTMENT TO MINIMIZE DISRUPTION TO THE OPERATIONS OF THE DEPARTMENT DUE TO OFFICE ACTIVITIES AND SHALL COMPLY WITH THE DEPARTMENT'S REASONABLE SECURITY CLEARANCE PROCESSES, IF THESE PROCESSES DO NOT IMPEDE THE ACTIVITIES ALLOWED BY THIS SECTION. v. THE office MAY ISSUE SUBPOENAS TO THE DEPARTMENT FOR RECORDS, DOCUMENTS OR DATA IN THE DEPARTMENT'S POSSESSION AND FOR DEPARTMENT STAFF, CONTRACTORS OR REPRESENTATIVES. A SUBPOENA that IS SERVED, ON APPLICATION TO THE COURT, MAY be ENFORCEd IN THE SAME MANNER PROVIDED BY LAW FOR THE SERVICE AND ENFORCEMENT OF A SUBPOENA IN A CIVIL ACTION. IF the department FAILS TO COMPLY WITH A SUBPOENA, THE office MAY PURSUE ENFORCEMENT OF THE SUBPOENA IN A COURT OR REFER THE SUBPOENA TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF SENATE OR THE chairperson OF ANY COMMITTEE OF THE LEGISLATURE FOR ENFORCEMENT IN THE SAME MANNER AND SUBJECT TO THE SAME PENALTIES PRESCRIBED IN ARTICLE 4 OF THIS chapter. w. The office's action or lack of action on a complaint made pursuant to this section is not deemed an administrative procedure required for exhaustion of remedies before bringing an action pursuant to 42 United States code section 1997e or filing a notice of claim pursuant to section 12-821.01. x. For the purposes of this section: 1. "Department" means the state department of corrections. 2. "Office" means The office of the independent corrections ombudsman. END_STATUTE Sec. 2. Section 41-1604, Arizona Revised Statutes, is amended to read: START_STATUTE41-1604. Duties and powers of director A. The director shall: 1. Be responsible for the overall operations and policies of the department. 2. Maintain and administer all institutions and programs within the department, including prisons, reception and diagnostic centers, conservation camps, community correctional centers and such other facilities and programs as may be required and established for the custody, control, correction, treatment and rehabilitation of all adult offenders who are committed to the department. 3. Be responsible for the administration and execution of all community supervision services, including those for adult offenders who are released in accordance with law. 4. Develop a program to provide uniform statewide community supervision field services in this state and employ parole or community supervision officers based on qualifications prescribed by the director, including physical, psychological and educational qualifications and practical experience. 5. Be responsible for the development of policies and programs that shall be recommended to the governor and the legislature for the purpose of improving the various adult correctional programs of this state. 6. Develop and establish a uniform statewide method of reporting statistics as related to this chapter. 7. Subject to chapter 4, article 4 of this title, employ deputy directors and other key personnel based on qualifications prescribed by the director that require education and practical experience. 8. Adopt rules pursuant to chapter 6 of this title for the development of incentives to encourage good behavior and the faithful performance of work by prisoners. 9. Adopt rules pursuant to chapter 6 of this title to limit inmate access to the internet through the use of a computer, computer system, network, computer service provider or remote computing service. 10. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region. 11. On or before December 31 of each year, submit a report to the president of the senate, the speaker of the house of representatives, the minority leader of the senate, the minority leader of the house of representatives, the chairperson of the senate judiciary committee, or its successor committee, and the chairperson of the house of representatives judiciary committee, or its successor committee, that includes all of the following: (a) The number of inmate deaths while the inmate was in custody, including suicides, and the number of suicide attempts while the inmate was in custody. (b) The number of physical and sexual assaults in custody. (c) The number of inmates who were placed in administrative segregation or solitary confinement and the duration of stay in segregation or confinement. (d) The number of facility lockdowns that lasted longer than twenty-four hours. (e) The number of staff, the tenure of each staff member, the staff turnover rate, staff vacancies and staff compensation at each facility. (f) The number of inmates at each facility. (g) The inmate-to-staff ratio at each facility. (h) The number of in-person visits that were made for each inmate at each facility. (i) The number of in-person visits that were denied for each inmate at each facility. (j) The number of inmate complaints or grievances that were submitted to the department, the department's resolution of the complaint or grievance pursuant to the administrative remedies process and the amount of time it took the department to resolve each complaint or grievance. B. The director may: 1. Adopt rules to implement the purposes of the department and the duties and powers of the director. 2. Take any administrative action to improve the efficiency of the department, including the following: (a) Create new divisions or units or consolidate divisions or units. (b) Subject to chapter 4, article 4 of this title, transfer employees between the various divisions and units of the department. (c) Shift duties between divisions or units. (d) Delegate to appropriate personnel the administrative functions, powers or duties that the director believes can be competently, efficiently and properly performed. The director shall not delegate the responsibilities in subsection A, paragraphs 1 and 5 of this section. (e) Transfer adult inmates between adult institutions or adult facilities. (f) Authorize work crews to perform acceptable tasks in any part of this state. (g) Accept unconvicted persons pursuant to a court order for the purposes of examination and treatment regarding competency to understand any stage of a criminal proceeding after indictment or information or their ability to assist in their own defense. (h) Accept convicted yet unsentenced persons pursuant to a court order for the purposes of conducting a mental health examination or a diagnostic evaluation. (i) Subject to chapter 4, article 4 and, as applicable, article 5 of this title, appoint certain employees of the department to peace officer status for the purposes of guarding, transporting or pursuing persons who are under the jurisdiction of the department and appoint certain employees of the department to peace officer status for the purposes of investigating or arresting persons who commit or attempt to commit offenses directly relating to the operations of the department. Peace officers of the department shall not preempt the authority and jurisdiction of established agencies of this state and political subdivisions of this state. Such officers shall notify agencies of this state and political subdivisions of this state before conducting an investigation within the jurisdiction of the agency and before making an arrest within the jurisdiction of the agency and shall ask, except in an emergency, if the agency wishes to participate, perform the investigation or arrest the person to be arrested before proceeding. Personnel who are appointed as peace officers by the director shall have the minimum qualifications established for peace officers pursuant to section 41-1822. Personnel who are appointed by the director pursuant to this subdivision are not eligible to participate in the public safety personnel retirement system except as otherwise provided in title 38, chapter 5, article 4. (j) Operate travel reduction programs that are subsidized by the department for employees who commute between work and home by vanpools, carpools and buses or in vehicles that are purchased or leased by the department. 3. Establish by rule a onetime fee for conducting background checks on any person who enters a department facility to visit a prisoner. A fee shall not be charged for a person who is under eighteen years of age. The director may adopt rules that waive all or part of the fee. The director shall deposit, pursuant to sections 35-146 and 35-147, any monies collected pursuant to this paragraph in the department of corrections building renewal fund established by section 41-797. END_STATUTE |
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