Maryland 2023 Regular Session

Maryland Senate Bill SB87 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0087
9	6
10	7		SENATE BILL 87
11	8		P1, E5 3lr0893
12	9		SB 512/22 – JPR (PRE–FILED) CF HB 64
13	10		By: Senators Hettleman and West
14	11		Requested: November 18, 2022
15	12		Introduced and read first time: January 11, 2023
16	13		Assigned to: Judicial Proceedings
17		-	Committee Report: Favorable with amendments
18		-	Senate action: Adopted with floor amendments
19		-	Read second time: March 18, 2023
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25		-	Office of the Attorney General – Correctional Ombudsman ~~Unit~~ 2
	19	+	Office of the Attorney General – Correctional Ombudsman 2
26	20
27		-	FOR the purpose of establishing the Correctional Ombudsman ~~Unit~~ in the Office of the 3
28		-	~~Attorney~~ General; requiring the Ombudsman ~~Unit~~ to conduct investigations, 4
29		-	~~reviews, and~~ assessments of administrative acts taken by the Department of Public 5
30		-	~~Safety and~~ Correctional Services or in relation to individuals confined by the 6
31		-	~~Department;~~ requiring the Ombudsman ~~Unit~~ to refer certain matters for criminal 7
32		-	~~charges or~~ disciplinary proceedings; providing for the confidentiality of certain 8
33		-	~~communications~~ with the Ombudsman; establishing the Correctional Ombudsman 9
34		-	~~Advisory Board;~~ prohibiting a person from obstructing the lawful exercise of the 10
35		-	~~Ombudsman’s~~ powers; requiring the Ombudsman ~~Unit~~ to conduct certain activities; 11
36		-	~~and generally~~ relating to the Correctional Ombudsman ~~Unit~~. 12
	21	+	FOR the purpose of establishing the Correctional Ombudsman in the Office of the Attorney 3
	22	+	General; requiring the Ombudsman to conduct investigations, reviews, and 4
	23	+	assessments of administrative acts taken by the Department of Public Safety and 5
	24	+	Correctional Services or in relation to individuals confined by the Department; 6
	25	+	requiring the Ombudsman to refer certain matters for criminal charges or 7
	26	+	disciplinary proceedings; providing for the confidentiality of certain communications 8
	27	+	with the Ombudsman; establishing the Correctional Ombudsman Advisory Board; 9
	28	+	prohibiting a person from obstructing the lawful exercise of the Ombudsman’s 10
	29	+	powers; requiring the Ombudsman to conduct certain activities; and generally 11
	30	+	relating to the Correctional Ombudsman. 12
37	31
38	32		BY repealing and reenacting, with amendments, 13
39	33		Article – Correctional Services 14
40	34		Section 8–114 and 8–117 15
41	35		Annotated Code of Maryland 16
42	36		(2017 Replacement Volume and 2022 Supplement) 17
43	37
44	38		BY adding to 18
45	39		Article – State Government 19
46		-	Section 6–701 through 6–708 6–707 to be under the new subtitle “Subtitle 7. 20
47		-	Correctional Ombudsman Unit” 21
48		-	Annotated Code of Maryland 22 2 SENATE BILL 87
	40	+	Section 6–701 through 6–708 to be under the new subtitle “Subtitle 7. Correctional 20
	41	+	Ombudsman” 21
	42	+	Annotated Code of Maryland 22
	43	+	(2021 Replacement Volume and 2022 Supplement) 23
49	44
	45	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
	46	+	That the Laws of Maryland read as follows: 25
50	47
51		-	(2021 Replacement Volume and 2022 Supplement) 1
52		-
53		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54		-	That the Laws of Maryland read as follows: 3
55		-
56		-	Article – Correctional Services 4
57		-
58		-	8–114. 5
59		-
60		-	(a) (1) If the Commission determines that a correctional facility is in violation 6
61		-	of the minimum mandatory standards, the Commission shall send a compliance plan to the 7
62		-	correctional facility. 8
63		-
64		-	(2) The compliance plan shall state: 9
65		-
66		-	(i) which minimum mandatory standards the correctional facility 10
67		-	has violated; 11
68		-
69		-	(ii) the time, to be determined by the Commission, that the 12
70		-	correctional facility has to address the violations; and 13
71		-
72		-	(iii) the date that the Commission shall reinspect the correctional 14
73		-	facility to determine if the correctional facility has complied with the minimum mandatory 15
74		-	standards. 16
75		-
76		-	(3) The Commission shall send a copy of the compliance plan to: 17
77		-
78		-	(I) the executive and legislative body responsible for the correctional 18
79		-	facility; AND 19
80		-
81		-	(II) THE CORRECTIONAL OMBUDSMAN UNIT. 20
82		-
83		-	(b) (1) If, after sending a compliance plan and reinspecting a correctional 21
84		-	facility under subsection (a) of this section, the Commission determines that the 22
85		-	correctional facility is in violation of the minimum mandatory standards, the Commission 23
86		-	shall send a letter of reprimand to the correctional facility. 24
87		-
88		-	(2) The letter of reprimand shall state: 25
89		-
90		-	(i) which minimum standards the correctional facility has violated; 26
91		-
92		-	(ii) the time, to be determined by the Commission but not to exceed 27
93		-	60 days, that the correctional facility has to address the violations; and 28
94		-
95		-	(iii) the date that the Commission will reinspect the correctional 29
96		-	facility to determine if the correctional facility has complied with the minimum mandatory 30
97		-	standards. 31 SENATE BILL 87 3
	48	+	Article – Correctional Services 26 2 SENATE BILL 87
98	49
99	50
100	51
101		-	~~(3) The Commission shall send a copy of the letter of reprimand to:~~ 1
	52	+	8–114. 1
102	53
103		-	(I) the executive and legislative body responsible for the correctional 2
104		-	facility; AND 3
	54	+	(a) (1) If the Commission determines that a correctional facility is in violation 2
	55	+	of the minimum mandatory standards, the Commission shall send a compliance plan to the 3
	56	+	correctional facility. 4
105	57
106		-	(II) THE ~~CORRECTIONAL OMBUDSMAN UNIT.~~ 4
	58	+	(2) The compliance plan shall state: 5
107	59
108		-	(c) (1) If, after the Commission has sent a letter of reprimand to a correctional 5
109		-	facility under subsection (b) of this section and reinspected the facility, the Commission 6
110		-	determines that the correctional facility is in violation of the minimum mandatory 7
111		-	standards, the Commission shall: 8
	60	+	(i) which minimum mandatory standards the correctional facility 6
	61	+	has violated; 7
112	62
113		-	(i) ~~conduct a full standards and pe rformance audit of~~ the 9
114		-	correctional facility; ~~or 10~~
	63	+	(ii) the time, to be determined by the Commission, that the 8
	64	+	correctional facility has to address the violations; and 9
115	65
116		-	(ii) ~~periodically inspect~~ the correctional ~~facility until compliance is 11~~
117		-	~~attained and send a report of each inspection~~ to the ~~executive and legislative bodies 12~~
118		-	~~responsible for the correctional facility~~. 13
	66	+	(iii) the date that the Commission shall reinspect the correctional 10
	67	+	facility to determine if the correctional facility has complied with the minimum mandatory 11
	68	+	standards. 12
119	69
120		-	(2) When conducting a full standards and performance audit of a 14
121		-	correctional facility, the Commission shall examine: 15
	70	+	(3) The Commission shall send a copy of the compliance plan to: 13
122	71
123		-	(i) the physical condition of the correctional facility; 16
	72	+	(I) the executive and legislative body responsible for the correctional 14
	73	+	facility; AND 15
124	74
125		-	(ii) the ~~safety and treatment of inmates at the~~ correctional ~~facility; 17~~
	75	+	(II) THE CORRECTIONAL OMBUDSMAN . 16
126	76
127		-	(iii) whether the correctional facility has policies and procedures in 18
128		-	place as required by the minimum mandatory standards; and 19
	77	+	(b) (1) If, after sending a compliance plan and reinspecting a correctional 17
	78	+	facility under subsection (a) of this section, the Commission determines that the 18
	79	+	correctional facility is in violation of the minimum mandatory standards, the Commission 19
	80	+	shall send a letter of reprimand to the correctional facility. 20
129	81
130		-	(iv) whether the correctional facility is following the required policies 20
131		-	and procedures. 21
	82	+	(2) The letter of reprimand shall state: 21
132	83
133		-	(3) When conducting a full standards and performance audit, the 22
134		-	Commission shall have unrestricted access to the personnel and records of the correctional 23
135		-	facility. 24
	84	+	(i) which minimum standards the correctional facility has violated; 22
136	85
137		-	(4) (i) If the Commission lacks the expertise necessary to perform a part 25
138		-	of the full standards and performance audit, the Commission may obtain assistance from 26
139		-	sources with expertise in the specific standard. 27
	86	+	(ii) the time, to be determined by the Commission but not to exceed 23
	87	+	60 days, that the correctional facility has to address the violations; and 24
140	88
141		-	(ii) If the Commission needs to obtain assistance, the correctional 28
142		-	facility that is being audited shall reimburse the Commission for any cost incurred. 29
	89	+	(iii) the date that the Commission will reinspect the correctional 25
	90	+	facility to determine if the correctional facility has complied with the minimum mandatory 26
	91	+	standards. 27
143	92
144		-	(5) (i) After completing a full standards and performance audit, the 30
145		-	Commission shall send a letter to the correctional facility. 31
	93	+	(3) The Commission shall send a copy of the letter of reprimand to: 28
	94	+
	95	+	(I) the executive and legislative body responsible for the correctional 29
	96	+	facility; AND 30 SENATE BILL 87 3
	97	+
	98	+
	99	+
	100	+	(II) THE CORRECTIONAL OMBUDSMAN . 1
	101	+
	102	+	(c) (1) If, after the Commission has sent a letter of reprimand to a correctional 2
	103	+	facility under subsection (b) of this section and reinspected the facility, the Commission 3
	104	+	determines that the correctional facility is in violation of the minimum mandatory 4
	105	+	standards, the Commission shall: 5
	106	+
	107	+	(i) conduct a full standards and performance audit of the 6
	108	+	correctional facility; or 7
	109	+
	110	+	(ii) periodically inspect the correctional facility until compliance is 8
	111	+	attained and send a report of each inspection to the executive and legislative bodies 9
	112	+	responsible for the correctional facility. 10
	113	+
	114	+	(2) When conducting a full standards and performance audit of a 11
	115	+	correctional facility, the Commission shall examine: 12
	116	+
	117	+	(i) the physical condition of the correctional facility; 13
	118	+
	119	+	(ii) the safety and treatment of inmates at the correctional facility; 14
	120	+
	121	+	(iii) whether the correctional facility has policies and procedures in 15
	122	+	place as required by the minimum mandatory standards; and 16
	123	+
	124	+	(iv) whether the correctional facility is following the required policies 17
	125	+	and procedures. 18
	126	+
	127	+	(3) When conducting a full standards and performance audit, the 19
	128	+	Commission shall have unrestricted access to the personnel and records of the correctional 20
	129	+	facility. 21
	130	+
	131	+	(4) (i) If the Commission lacks the expertise necessary to perform a part 22
	132	+	of the full standards and performance audit, the Commission may obtain assistance from 23
	133	+	sources with expertise in the specific standard. 24
	134	+
	135	+	(ii) If the Commission needs to obtain assistance, the correctional 25
	136	+	facility that is being audited shall reimburse the Commission for any cost incurred. 26
	137	+
	138	+	(5) (i) After completing a full standards and performance audit, the 27
	139	+	Commission shall send a letter to the correctional facility. 28
	140	+
	141	+	(ii) The letter shall contain: 29
	142	+
	143	+	1. a copy of the audit findings, including details on all areas 30
	144	+	where the correctional facility fails to comply with the minimum mandatory standards; 31
146	145		4 SENATE BILL 87
147	146
148	147
149		-	(ii) The letter shall contain: 1
	148	+	2. a statement of what actions the correctional facility must 1
	149	+	take in order to comply with the audit findings; 2
150	150
151		-	1. a ~~copy of~~ the ~~audit findings,~~ ~~including details on all areas 2~~
152		-	~~where the correctional facility fails to comply with the minimum mandatory standards~~; 3
	151	+	3. a date when the correctional facility must comply with the 3
	152	+	audit findings; and 4
153	153
154		-	2. a statement of what actions the correctional facility must 4
155		-	take in order to comply with the audit findings; 5
	154	+	4. a statement that the Commission will conduct an 5
	155	+	unannounced inspection of the correctional facility within a reasonable amount of time 6
	156	+	after the date specified for compliance and that if the correctional facility fails to comply, 7
	157	+	the Commission may seek a court order requiring compliance or order all or part of the 8
	158	+	correctional facility to cease operations. 9
156	159
157		-	3. a date when the correctional facility must comply with the 6
158		-	audit findings; and 7
	160	+	(iii) The Commission shall send a copy of the letter to: 10
159	161
160		-	4. a statement that the Commission will conduct an 8
161		-	unannounced inspection of the correctional facility within a reasonable amount of time 9
162		-	after the date specified for compliance and that if the correctional facility fails to comply, 10
163		-	the Commission may seek a court order requiring compliance or order all or part of the 11
164		-	correctional facility to cease operations. 12
	162	+	1. the executive and legislative bodies responsible for the 11
	163	+	correctional facility; AND 12
165	164
166		-	~~(iii)~~ The ~~Commission shall send a copy of the letter to:~~ 13
	165	+	2. THE CORRECTIONAL OMBUDSMAN . 13
167	166
168		-	1. the executive and legislative bodies responsible for the 14
169		-	correctional facility; AND 15
	167	+	(6) (I) Within a reasonable time after the date specified for compliance, 14
	168	+	the Commission shall conduct an unannounced inspection to verify that the correctional 15
	169	+	facility has complied with the audit findings. 16
170	170
171		-	2. THE CORRECTIONAL OMBUDSMAN UNIT. 16
	171	+	(II) ON REQUEST BY THE COMMISSION, THE CORRECTIONAL 17
	172	+	OMBUDSMAN SHALL CONDU CT AN UNANNOUNCED IN SPECTION TO VERIFY T HAT 18
	173	+	THE CORRECTIONAL FAC ILITY HAS COMPLIED W ITH THE AUDIT FINDINGS. 19
172	174
173		-	(6) (I) ~~Within a reasonable time~~ after ~~the date specified for compliance,~~ 17
174		-	the Commission ~~shall conduct an unannounced inspection to verify that the correctional 18~~
175		-	facility has complied with the audit findings~~. 19~~
	175	+	(d) (1) If, after performing an audit and unannounced inspection under 20
	176	+	subsection (c) of this section and holding a hearing on the issue, the Commission determines 21
	177	+	that a correctional facility has not complied with the audit findings, the Commission shall: 22
176	178
177		-	(II) ON REQUEST BY THE COMMISSION, THE CORRECTIONAL 20
178		-	OMBUDSMAN UNIT SHALL CONDUCT AN UNA NNOUNCED INSPECTION TO VERIFY 21
179		-	THAT THE CORRECTIONA L FACILITY HAS COMPL IED WITH THE AUDIT F INDINGS. 22
	179	+	(i) petition a circuit court with venue over the proceeding for a court 23
	180	+	order requiring the correctional facility to comply with the audit findings; or 24
180	181
181		-	(d) (1) If, after performing an audit and unannounced inspection under 23
182		-	subsection (c) of this section and holding a hearing on the issue, the Commission determines 24
183		-	that a correctional facility has not complied with the audit findings, the Commission shall: 25
	182	+	(ii) issue an order to cease operation of the correctional facility or 25
	183	+	any of its correctional elements, procedures, or functions. 26
184	184
185		-	(i) ~~petition~~ a ~~circuit court with venue over the proceeding for a court 26~~
186		-	~~order requiring the correctional facility to comply with the audit findings;~~ ~~or 27~~
	185	+	(2) The Commission shall provide to a correctional facility reasonable 27
	186	+	notice of a hearing under paragraph (1) of this subsection. 28
187	187
188		-	(ii) issue an order to cease operation of the correctional facility or 28
189		-	any of its correctional elements, procedures, or functions. 29
	188	+	(3) The Commission may subpoena witnesses and hold public hearings in 29
	189	+	accordance with Title 10, Subtitle 2 of the State Government Article before making a final 30
	190	+	decision on whether to seek a court order or close a correctional facility or any of its 31
	191	+	correctional elements, procedures, or functions. 32
190	192
191		-	(2) The Commission shall provide to a correctional facility reasonable 30
192		-	notice of a hearing under paragraph (1) of this subsection. 31
193		-	SENATE BILL 87 5
	193	+	8–117. 33 SENATE BILL 87 5
194	194
195	195
196		-	(3) The Commission may subpoena witnesses and hold public hearings in 1
197		-	accordance with Title 10, Subtitle 2 of the State Government Article before making a final 2
198		-	decision on whether to seek a court order or close a correctional facility or any of its 3
199		-	correctional elements, procedures, or functions. 4
200	196
201		-	8–117. 5
	197	+	(A) The Commission may perform any acts necessary and appropriate to carry out 1
	198	+	the powers and duties set forth in this subtitle. 2
202	199
203		-	(A) The Commission may perform any acts necessary and appropriate to carry out 6
204		-	the powers and duties set forth in this subtitle. 7
	200	+	(B) THE COMMISSION SHALL RECE IVE FROM AND SHARE W ITH THE 3
	201	+	CORRECTIONAL OMBUDSMAN INFORMATION RELATED TO ANY CONDI TION THAT 4
	202	+	MAY ENDANGE R THE LIFE OR HEALTH OF ANY PERSON IN A C ORRECTIONAL 5
	203	+	FACILITY. 6
205	204
206		-	(B) THE COMMISSION SHALL RECE IVE FROM AND SHARE W ITH THE 8
207		-	CORRECTIONAL OMBUDSMAN UNIT INFORMATION RELATED TO ANY CONDITION 9
208		-	THAT MAY ENDANGER TH E LIFE OR HEALTH OF ANY PERSON IN A CORR ECTIONAL 10
209		-	FACILITY. 11
	205	+	Article – State Government 7
210	206
211		-	~~Article – State Government 12~~
	207	+	SUBTITLE 7. CORRECTIONAL OMBUDSMAN . 8
212	208
213		-	~~SUBTITLE 7~~. ~~CORRECTIONAL OMBUDSMAN UNIT. 13~~
	209	+	6–701. 9
214	210
215		-	6–701. 14
	211	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
	212	+	INDICATED. 11
216	213
217		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
218		-	INDICATED. 16
	214	+	(B) “ADMINISTRATIVE ACT ” MEANS ANY ACTION , DECISION, 12
	215	+	ADJUDICATION , FAILURE TO ACT , OMISSION, RULE OR REGULATION , 13
	216	+	INTERPRETATION , RECOMMENDATION , POLICY, PRACTICE, OR PROCEDURE OF AN 14
	217	+	AGENCY. 15
219	218
220		-	(B) “ADMINISTRATIVE ACT ” MEANS ANY ACTION , DECISION, 17
221		-	ADJUDICATION , FAILURE TO ACT , OMISSION, RULE OR REGULATION , 18
222		-	INTERPRETATION , RECOMMENDATION , POLICY, PRACTICE, OR PROCEDURE OF AN 19
223		-	AGENCY. 20
	219	+	(C) (1) “AGENCY” MEANS: 16
224	220
225		-	(C) (1) “AGENCY” MEANS: 21
	221	+	(I) THE DEPARTMENT OF PUBLIC SAFETY AND 17
	222	+	CORRECTIONAL SERVICES; 18
226	223
227		-	(I) ~~THE~~ DEPARTMENT OF ~~PUBLIC SAFETY AND 22~~
228		-	CORRECTIONAL SERVICES; 23
	224	+	(II) ANY OFFIC ER OR EMPLOYEE OF TH E DEPARTMENT OF 19
	225	+	PUBLIC SAFETY AND CORRECTIONAL SERVICES; 20
229	226
230		-	(II) ANY OFFICER OR EMPLO YEE OF THE DEPARTMENT OF 24
231		-	PUBLIC SAFETY AND CORRECTIONAL SERVICES; 25
	227	+	(III) ANY PERSON PROVIDING SERVICES UNDER A CON TRACT 21
	228	+	WITH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES TO 22
	229	+	INDIVIDUALS WHO ARE CONFINED BY OR UNDER THE SUPERVISION OF THE 23
	230	+	DEPARTMENT ; OR 24
232	231
233		-	(III) ANY PERSON PROVIDING SERVICES UNDER A CON TRACT 26
234		-	WITH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES TO 27
235		-	INDIVIDUALS WHO ARE CONFINED BY OR UNDER THE SUPERVISION OF T HE 28
236		-	DEPARTMENT ; OR 29
	232	+	(IV) ANY OFFICER, EMPLOYEE, OR ADMINISTRATIVE HE ARING 25
	233	+	EXAMINER OF THE STATE OR A UNIT OF LO CAL GOVERNMENT WHO I S ACTING OR 26
	234	+	PURPORTING TO ACT IN RELATION TO INDIVIDU ALS CONFINED BY OR U NDER THE 27
	235	+	SUPERVISION OF THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 28
	236	+	SERVICES. 29
237	237
238		-	(IV) ANY OFFICER, EMPLOYEE, OR ADMINISTRATIVE HE ARING 30
239		-	EXAMINER OF THE STATE OR A UNIT OF LO CAL GOVERNMENT WHO I S ACTING OR 31
240		-	PURPORTING TO ACT IN RELATION TO INDIVIDU ALS CONFINED BY OR U NDER THE 32 6 SENATE BILL 87
	238	+	(2) “AGENCY” DOES NOT INCLUDE : 30
	239	+	6 SENATE BILL 87
241	240
242	241
243		-	SUPERVISION OF THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 1
244		-	SERVICES. 2
	242	+	(I) A JUDGE, AS DEFINED BY § 1–101 OF THE COURTS ARTICLE; 1
245	243
246		-	(2) “AGENCY” DOES NOT INCLUDE : 3
	244	+	(II) THE GENERAL ASSEMBLY OR ANY MEMBE R, EMPLOYEE, OR 2
	245	+	COMMITTEE OF THE GENERAL ASSEMBLY; OR 3
247	246
248		-	(I) A JUDGE, AS DEFINED BY § 1–101 OF THE COURTS ARTICLE; 4
249		-	ARTICLE, OR ANY OTHER EMPLOYE E OF THE JUDICIARY ; 5
	247	+	(III) THE GOVERNOR OR THE GOVERNOR’S PERSONAL STAFF . 4
250	248
251		-	(II) THE GENERAL ASSEMBLY OR ANY MEMBE R, EMPLOYEE, OR 6
252		-	COMMITTEE OF THE GENERAL ASSEMBLY; OR 7
	249	+	(D) “OMBUDSMAN ” MEANS THE CORRECTIONAL OMBUDSMAN . 5
253	250
254		-	(III) THE GOVERNOR OR THE GOVERNOR’S PERSONAL STAFF . 8
	251	+	(E) “RECORDS” MEANS ALL MATERIALS , REGARDLESS OF PHYSIC AL FORM 6
	252	+	OR CHARACTERISTICS , CREATED, GENERATED , RECORDED, RECEIVED, POSSESSED, 7
	253	+	OR CONTROLLED BY OR ON BEHALF OF ANY AGENCY. 8
255	254
256		-	~~(D) “OMBUDSMAN ” MEANS THE CORRECTIONAL OMBUDSMAN~~ . 9
	255	+	6–702. 9
257	256
258		-	(E) (D) “RECORDS” MEANS ALL MATERIALS , REGARDLESS OF PHYSIC AL 10
259		-	FORM OR CHARACTERIST ICS, CREATED, GENERATED , RECORDED, RECEIVED, 11
260		-	POSSESSED, OR CONTROLLED BY OR ON BEHALF OF ANY AGENCY. 12
	257	+	THERE IS A CORRECTIONAL OMBUDSMAN IN THE OFFICE OF THE ATTORNEY 10
	258	+	GENERAL. 11
261	259
262		-	(E) “UNIT” MEANS THE CORRECTIONAL OMBUDSMAN UNIT IN THE OFFICE 13
263		-	OF THE ATTORNEY GENERAL. 14
	260	+	6–703. 12
264	261
265		-	6–702. 15
	262	+	(A) (1) THE ATTORNEY GENERAL SHALL APPOINT THE OMBUDSMAN 13
	263	+	WITH THE ADVICE AND CONSENT OF THE SENATE. 14
266	264
267		-	THERE IS A CORRECTIONAL OMBUDSMAN UNIT IN THE OFFICE OF THE 16
268		-	ATTORNEY GENERAL. 17
	265	+	(2) THE OMBUDSMAN SHALL SERVE FOR A TERM OF 5 YEARS. 15
269	266
270		-	6–703. 18
	267	+	(3) AT THE END OF A TERM , THE OMBUDSMAN CONTINUES T O SERVE 16
	268	+	UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 17
271	269
272		-	(A) (1) THE ATTORNEY GENERAL SHALL APPOINT THE OMBUDSMAN 19
273		-	WITH THE ADVICE AND CONSENT OF THE SENATE. 20
	270	+	(4) THE ATTORNEY GENERAL OR THE GENERAL ASSEMBLY, WITH 18
	271	+	THE VOTE OF A TWO –THIRDS MAJORITY OF E ACH CHAMBER , MAY REMOVE THE 19
	272	+	OMBUDSMAN ONLY FOR : 20
274	273
275		-	(2) ~~THE OMBUDSMAN SHALL SERVE FOR A TERM OF 5 YEARS.~~ 21
	274	+	(I) MISCONDUCT IN OFFICE ; 21
276	275
277		-	(3) AT THE END OF A TERM , THE OMBUDSMAN CONTINUES T O SERVE 22
278		-	UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 23
	276	+	(II) A FELONY CONVICTION ; OR 22
279	277
280		-	(4) THE ATTORNEY GENERAL OR THE GENERAL ASSEMBLY, WITH 24
281		-	THE VOTE OF A TWO –THIRDS MAJORITY OF E ACH CHAMBER , MAY REMOVE THE 25
282		-	OMBUDSMAN ONLY FOR : 26
	278	+	(III) A PERSISTENT FAILURE BY THE OMBUDSMAN TO PERFORM 23
	279	+	THE DUTIES OF THE OF FICE. 24
283	280
284		-	(I) ~~MISCONDUCT IN OFFICE ; 27~~
	281	+	(B) THE OMBUDSMAN SHALL BE AN INDIVIDUAL: 25
285	282
286		-	(II) ~~A FELONY CONVICTION~~ ; ~~OR 28~~
	283	+	(1) WITH RECOGNIZED JUDG MENT AND OBJECTIVITY ; 26
287	284		SENATE BILL 87 7
288	285
289	286
290		-	(~~III~~) ~~A PERSISTENT FAILURE BY THE OMBUDSMAN TO PERFORM~~ 1
291		-	~~THE DUTIES OF THE OF FICE.~~ 2
	287	+	(2) WHO HAS DEMONSTRATED INTEREST AND EXPERIE NCE IN ISSUES 1
	288	+	RELATED TO CORRECTIO NS; 2
292	289
293		-	(B) THE OMBUDSMAN SHALL BE AN I NDIVIDUAL: 3
	290	+	(3) WHO POSSESSES SKILL IN ANALYZING LAW , ADMINISTRATION , 3
	291	+	AND PUBLIC POLICY ; AND 4
294	292
295		-	(1) WITH ~~RECOGNIZED JUDG MENT AND OBJECTIVITY ; 4~~
	293	+	(4) WITH EXPERIENCE IN A T LEAST ONE OF THE F OLLOWING AREAS : 5
296	294
297		-	(2) WHO HAS DEMONSTRATED INTEREST AND EXPERIE NCE IN ISSUES 5
298		-	RELATED TO CORRECTIO NS; 6
	295	+	(I) LAW; 6
299	296
300		-	(3) WHO POSSESSES SKILL IN ANALYZING LAW , ADMINISTRATION , 7
301		-	AND PUBLIC POLICY ; AND 8
	297	+	(II) AUDITING; 7
302	298
303		-	(4) ~~WITH EXPERIENCE IN A T LEAST ONE OF THE F OLLOWING AREAS : 9~~
	299	+	(III) GOVERNMENT OPERATION S; 8
304	300
305		-	(I) ~~LAW~~; 10
	301	+	(IV) INVESTIGATIONS ; 9
306	302
307		-	(II) ~~AUDITING~~; 11
	303	+	(V) SOCIAL WORK; OR 10
308	304
309		-	(~~III~~) ~~GOVERNMENT OPERATION S;~~ 12
	305	+	(VI) CONFLICT RESOLUTION . 11
310	306
311		-	(IV) ~~INVESTIGATIONS ; 13~~
	307	+	(C) WHILE SERVING AS OMBUDSMAN , AN INDIVIDUAL MAY NO T: 12
312	308
313		-	(V) ~~SOCIAL WORK~~; ~~OR 14~~
	309	+	(1) BE ACTIVELY INVOLVED WITH ANY POLITICAL A CTIVITIES; 13
314	310
315		-	(VI) CONFLICT RESOLUTION . 15
	311	+	(2) PUBLICLY ENDORSE , SOLICIT FUNDS FOR , OR MAKE 14
	312	+	CONTRIBUTIONS TO A P OLITICAL PARTY OR CA NDIDATE FOR ELECTIVE OFFICE; 15
316	313
317		-	(C) WHILE SERVING AS OMBUDSMAN , AN INDIVIDUAL MAY NOT: 16
	314	+	(3) BE A CANDIDATE FOR O R HOLD ANY ELECTIVE OR APPOINTED 16
	315	+	OFFICE; OR 17
318	316
319		-	(1) BE ACTIVELY INVOLVED WITH ANY POLITICAL A CTIVITIES; 17
	317	+	(4) ENGAGE IN ANY OTHER OCCUPATION , BUSINESS, OR PROFESSION 18
	318	+	LIKELY TO: 19
320	319
321		-	(2) ~~PUBLICLY ENDORSE , SOLICIT FUNDS FOR , OR MAKE 18~~
322		-	~~CONTRIBUTIONS TO A P OLITICAL PARTY OR CA NDIDATE FOR ELECTIVE OFFICE~~; 19
	320	+	(I) DETRACT FROM THE FULL –TIME PERFORMANCE OF THE 20
	321	+	OMBUDSMAN ’S DUTIES; 21
323	322
324		-	(3) BE A CANDIDATE FOR O R HOLD ANY ELECTIVE OR APPOINTED 20
325		-	OFFICE; OR 21
	323	+	(II) RESULT IN A CONFLICT OF INTEREST; OR 22
326	324
327		-	(4) ENGAGE IN ANY OTHER OCCUPATION , BUSINESS, OR PROFESSION 22
328		-	LIKELY TO: 23
	325	+	(III) RESULT IN THE APPEAR ANCE OF IMPROPRIETY . 23
329	326
330		-	(I) DETRACT FROM THE FUL L–TIME PERFORMANCE OF THE 24
331		-	OMBUDSMAN ’S DUTIES; 25
332		-
333		-	(II) RESULT IN A CONFLICT OF INTEREST; OR 26
	327	+	(D) (1) THE SALARY OF THE OMBUDSMAN IS EQUAL TO THE SALARY OF A 24
	328	+	DISTRICT COURT JUDGE. 25
334	329		8 SENATE BILL 87
335	330
336	331
337		-	(III) RESULT IN THE APPEAR ANCE OF IMPROPRIETY . 1
	332	+	(2) THE SALARY OF THE OMBUDSMAN MAY NOT BE DIMINISHED 1
	333	+	DURING THE OMBUDSMAN ’S TERM OF OFFICE . 2
338	334
339		-	(D) (1) THE SALARY OF THE OMBUDSMAN IS EQUAL TO THE SALARY OF A 2
340		-	DISTRICT COURT JUDGE. 3
	335	+	6–704. 3
341	336
342		-	(2) ~~THE SALARY OF~~ THE OMBUDSMAN ~~MAY NOT BE DIMINISHED~~ 4
343		-	~~DURING THE~~ OMBUDSMAN ’S ~~TERM OF OFFICE .~~ 5
	337	+	(A) THE OMBUDSMAN , IN RESPONSE TO A COM PLAINT OR ON THE 4
	338	+	OMBUDSMAN ’S INITIATIVE, SHALL: 5
344	339
345		-	(A) THE UNIT SHALL INCLUDE : 6
	340	+	(1) INVESTIGATE ANY ADMI NISTRATIVE ACT THAT THE OMBUDSMAN 6
	341	+	DETERMINES MAY BE: 7
346	342
347		-	(1) ~~A FULL–TIME CORRECTIONAL OMBUDSMAN~~ ; ~~AND 7~~
	343	+	(I) CONTRARY TO LAW OR R EGULATION; 8
348	344
349		-	(2) ~~STAFF AS PROVIDED IN THE STATE BUDGET . 8~~
	345	+	(II) BASED ON A MISTAKE O F FACT; 9
350	346
351		-	(B) (1) THE ATTORNEY GENERAL SHALL APPOINT THE CORRECTIONAL 9
352		-	OMBUDSMAN WITH THE AD VICE AND CONSENT OF THE SENATE. 10
	347	+	(III) UNSUPPORTED BY SUFFI CIENT EVIDENCE ; 10
353	348
354		-	(2) THE CORRECTIONAL OMBUDSMAN SHALL SERVE FOR A TERM OF 11
355		-	5 YEARS. 12
	349	+	(IV) PERFORMED IN AN INEF FICIENT MANNER ; 11
356	350
357		-	(3) AT THE ~~END OF A TERM , THE CORRECTIONAL OMBUDSMAN 13~~
358		-	~~CONTINUES TO SERVE U NTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 14~~
	351	+	(V) UNREASONABLE UNDER T HE TOTALITY OF THE 12
	352	+	CIRCUMSTANCES ; OR 13
359	353
360		-	(B) (C) SALARIES OF THE OMBUDSMAN AND STAFF A ND EXPENSES FOR 15
361		-	RENT, EQUIPMENT, SUPPLIES, AND GENERAL OPERATIN G EXPENSES NECESSARY 16
362		-	FOR THE WORK OF THE UNIT SHALL BE AS PROVIDED IN TH E STATE BUDGET . 17
	354	+	(VI) OTHERWISE ERRONEOUS ; 14
363	355
364		-	(C) (D) IN COOPERATION WITH T HE SECRETARY OF BUDGET AND 18
365		-	MANAGEMENT , THE ATTORNEY GENERAL SHALL SET MIN IMUM SALARIES , 19
366		-	QUALIFICATIONS , AND STANDARDS OF TRA INING AND EXPERIENCE FOR POSITIONS 20
367		-	WITH THE UNIT. 21
	356	+	(2) CONDUCT INDEPENDENT REVIEWS AND ASSESSME NTS OF: 15
368	357
369		-	6–704. 22
	358	+	(I) HEALTH SERVICES PROV IDED TO INDIVIDUALS CONFINED 16
	359	+	BY ANY AGENCY ; 17
370	360
371		-	(A) ~~THE OMBUDSMAN UNIT,~~ ~~IN RESPONSE~~ TO ~~A COM PLAINT OR ON THE 23~~
372		-	~~OMBUDSMAN ’S~~ ~~INITIATIVE, SHALL:~~ 24
	361	+	(II) MENTAL HEALTH SERVIC ES PROVIDED TO INDIV IDUALS 18
	362	+	CONFINED BY ANY AGEN CY; 19
373	363
374		-	(1) ~~INVESTIGATE ANY ADMI NISTRATIVE ACT THAT THE OMBUDSMAN 25~~
375		-	~~DETERMINES MAY BE : 26~~
	364	+	(III) PLANS BY AGENCIES TO EXPAND, RENOVATE, OR CLOSE 20
	365	+	FACILITIES; 21
376	366
377		-	(I) CONTRARY TO LAW OR R EGULATION; 27
	367	+	(IV) EDUCATIONAL AND VOCA TIONAL PROGRAMS FOR 22
	368	+	INDIVIDUALS CONFINED BY ANY AGENCY ; AND 23
378	369
379		-	(II) BASED ON A MISTAKE O F FACT; 28
380		-	SENATE BILL 87 9
	370	+	(V) AGENCY POLICIES ON R ESTRICTIVE OR PROTEC TIVE 24
	371	+	HOUSING; 25
	372	+
	373	+	(3) COOPERATE WITH ANY A GENCY IN EFFORTS TO IMPROVE THE 26
	374	+	FUNCTIONING OF ANY AGENC Y OR PREVENT ABUSES BY AGENCIES; 27 SENATE BILL 87 9
381	375
382	376
383		-	(III) UNSUPPORTED BY SUFFI CIENT EVIDENCE ; 1
384	377
385		-	(IV) PERFORMED IN AN INEF FICIENT MANNER ; 2
	378	+	(4) INSPECT ANY FACILITI ES OWNED OR CONTROLL ED BY ANY 1
	379	+	AGENCY TO MONITOR CO NDITIONS IN THE FACI LITIES; 2
386	380
387		-	(V) ~~UNREASONABLE UNDER T~~ ~~HE TOTALITY OF THE~~ 3
388		-	~~CIRCUMSTANCES ;~~ OR 4
	381	+	(5) SEEK TO RESOLVE COMP LAINTS AGAINST AN AG ENCY THROUGH 3
	382	+	MEDIATION OR OTHER C ONFLICT RESOLUTION METHODS; 4
389	383
390		-	(VI) ~~OTHERWISE ERRONEOUS ;~~ 5
	384	+	(6) MAINTAIN A WEBSITE T HAT: 5
391	385
392		-	(2) CONDUCT INDEPENDENT REVIEWS AND ASSESSME NTS OF: 6
	386	+	(I) SUBJECT TO THE REQUI REMENTS OF SUBSECTIO N (E) OF 6
	387	+	THIS SECTION, MAKES CURRENT AND PA ST REPORTS AVAILABLE TO THE PUBLIC ; 7
	388	+	AND 8
393	389
394		-	(I) HEALTH SERVICES SERVICES, INCLUDING SUBSTANCE 7
395		-	ABUSE ASSESSMENTS AN D TREATMENT PROVIDED TO INDIVIDU ALS CONFINED BY 8
396		-	ANY AGENCY; 9
	390	+	(II) PROVIDES CONTACT INF ORMATION FOR THE OFFICE OF 9
	391	+	THE CORRECTIONAL OMBUDSMAN ; AND 10
397	392
398		-	(II) ~~MENTAL HEALTH SERVIC ES PROVIDED~~ TO ~~INDIV IDUALS 10~~
399		-	~~CONFINED BY ANY AGEN CY;~~ 11
	393	+	(7) ADOPT REGULATIONS NE CESSARY TO CARRY OUT THE 11
	394	+	REQUIREMENTS OF THIS SUBTITLE. 12
400	395
401		-	(~~III~~) ~~PLANS BY AGENCIES TO EXPAND,~~ ~~RENOVATE, OR CLOSE 12~~
402		-	~~FACILITIES; 13~~
	396	+	(B) (1) THE OMBUDSMAN SHALL INVES TIGATE EACH COMPLAIN T ABOUT 13
	397	+	AN ADMINISTRATIVE AC T, UNLESS THE OMBUDSMAN DETERMINES THAT: 14
403	398
404		-	(IV) ~~EDUCATIONAL AND VOCA~~ ~~TIONAL PROGRAMS FOR 14~~
405		-	~~INDIVIDUALS CONFINED BY ANY AGENCY~~ ; ~~AND 15~~
	399	+	(I) THE COMPLAINT COULD BE ADDRESSED THR OUGH 15
	400	+	ANOTHER PROCESS ; 16
406	401
407		-	(V) ~~AGENCY POLICIES ON R ESTRICTIVE~~ OR ~~PROTEC TIVE 16~~
408		-	~~HOUSING~~; 17
	402	+	(II) THE COMPLAINT IS TRI VIAL, FRIVOLOUS, VEXATIOUS, OR 17
	403	+	NOT MADE IN GOOD FAI TH; 18
409	404
410		-	(3) ~~COOPERATE WITH ANY A GENCY~~ IN ~~EFFORTS TO IMPROVE THE 18~~
411		-	~~FUNCTIONING OF ANY A GENCY OR PREVE NT ABUSES BY AGENCIE S~~; 19
	405	+	(III) THE COMPLAINANT UNRE ASONABLY DELAYED IN BRINGING 19
	406	+	THE COMPLAINT ; 20
412	407
413		-	(4) ~~INSPECT ANY FACILITI ES OWNED OR CONTROLL~~ ED BY ~~ANY 20~~
414		-	~~AGENCY TO MONITOR CO NDITIONS IN THE FACI LITIES~~; 21
	408	+	(IV) THE COMPLAINANT IS N OT PERSONALLY AFFECT ED BY THE 21
	409	+	ADMINISTRATIVE AC T; OR 22
415	410
416		-	(5) ~~SEEK~~ TO ~~RESOLVE COMP LAINTS AGAINST AN AG ENCY THROUGH 22~~
417		-	~~MEDIATION OR OTHER C ONFLICT RESOLUTION M ETHODS; 23~~
	411	+	(V) THE OMBUDSMAN LACKS SUFFI CIENT RESOURCES TO 23
	412	+	INVESTIGATE THE COMP LAINT. 24
418	413
419		-	(6) MAINTAIN A WEBSITE THAT: 24
	414	+	(2) THE OMBUDSMAN SHALL INFOR M A COMPLAINANT OF A 25
	415	+	DECISION NOT TO INVE STIGATE A COMPLAINT . 26
420	416
421		-	(I) SUBJECT TO THE REQUI REMENTS OF SUBSECTIO N (E) OF 25
422		-	THIS SECTION, MAKES CURRENT AND PA ST REPORTS AVAILABLE TO THE PUBLIC ; 26
423		-	AND 27
424		-
425		-	(II) PROVIDES CONTACT INF ORMATION FOR THE OFFICE OF 28
426		-	THE CORRECTIONAL OMBUDSMAN UNIT; AND 29
	417	+	(3) ON REQUEST, THE OMBUDSMAN SHALL INFOR M A COMPLAINANT 27
	418	+	OF THE STATUS OF AN INVESTIGATION . 28
427	419		10 SENATE BILL 87
428	420
429	421
430		-	(7) ADOPT REGUL ATIONS NECESSARY TO CARRY OUT THE 1
431		-	REQUIREMENTS OF THIS SUBTITLE. 2
	422	+	(4) ON THE COMPLETION OF AN INVESTIGATION BAS ED ON A 1
	423	+	COMPLAINT, THE OMBUDSMAN SHALL INFOR M THE COMPLAINANT OF ANY 2
	424	+	CONCLUSIONS , RECOMMENDATIONS , AND ACTIONS TAKEN IN RESPONSE TO THE 3
	425	+	COMPLAINT. 4
432	426
433		-	(B) (1) THE OMBUDSMAN UNIT SHALL INVESTIGATE EA CH COMPLAINT 3
434		-	ABOUT AN ADMINISTRAT IVE ACT, UNLESS THE OMBUDSMAN UNIT DETERMINES 4
435		-	THAT: 5
	427	+	(C) IF THE OMBUDSMAN DETERMINES THAT AN EMPLOYEE OR AGENT OF AN 5
	428	+	AGENCY ACTED IN A MA NNER WARRANTING CRIM INAL CHARGES OR DISC IPLINARY 6
	429	+	PROCEEDINGS , THE OMBUDSMAN SHALL REFER THE MATTER TO APPROP RIATE 7
	430	+	AUTHORITIES. 8
436	431
437		-	(I) THE COMPLAINT COULD BE ADDRESSED THROUGH 6
438		-	ANOTHER PROCESS; 7
	432	+	(D) AN AGENCY MAY NOT : 9
439	433
440		-	(II) THE COMPLAINT IS TRI VIAL, FRIVOLOUS, VEXATIOUS, OR 8
441		-	NOT MADE IN GOOD FAI TH; 9
	434	+	(1) RESTRICT THE OMBUDSMAN’S ABILITY TO: 10
442	435
443		-	(~~III~~) ~~THE COMPLAINANT UNRE ASONABLY DELAYED IN BRINGING 10~~
444		-	~~THE COMPLAINT~~ ; 11
	436	+	(I) INTERVIEW AGENCY PER SONNEL OR ANY INDIVI DUAL 11
	437	+	CONFINED BY AN AGENC Y; 12
445	438
446		-	(IV) THE COMPLAINANT IS N OT PERSONALLY AFFECT ED BY THE 12
447		-	ADMINISTRATIVE ACT ; OR 13
	439	+	(II) ACCESS ANY RECORDS M AINTAINED BY THE AGE NCY; OR 13
448	440
449		-	(V) THE ~~OMBUDSMAN UNIT LACKS SUFFICIENT RES OURCES TO~~ 14
450		-	~~INVESTIGATE THE COMP LAINT.~~ 15
	441	+	(III) ACCESS ANY FACILITIE S OWNED OR CONTROLLE D BY THE 14
	442	+	AGENCY; 15
451	443
452		-	(2) THE OMBUDSMAN UNIT SHALL INFORM A COMPL AINANT OF A 16
453		-	DECISION NOT TO INVE STIGATE A COMPLAINT . 17
	444	+	(2) OPEN ANY CORRESPONDE NCE SENT: 16
454	445
455		-	(3) ~~ON REQUEST ,~~ THE OMBUDSMAN ~~UNIT SHALL INFORM~~ A 18
456		-	~~COMPLAINANT OF~~ THE ~~S TATUS OF AN INVESTIGATION . 19~~
	446	+	(I) TO THE OMBUDSMAN BY A PERSON BEING CONFINED BY 17
	447	+	THE AGENCY; OR 18
457	448
458		-	(4) ON THE COMPLETION OF AN INVESTIGATION BAS ED ON A 20
459		-	COMPLAINT, THE OMBUDSMAN UNIT SHALL INFORM THE COMP LAINANT OF ANY 21
460		-	CONCLUSIONS , RECOMMENDATIONS , AND ACTIONS TAKEN IN RESPONSE TO THE 22
461		-	COMPLAINT. 23
	449	+	(II) BY THE OMBUDSMAN TO A PERSON BEING CONFINED BY 19
	450	+	THE AGENCY; OR 20
462	451
463		-	(C) IF THE OMBUDSMAN UNIT DETERMINES THAT AN E MPLOYEE OR AGENT 24
464		-	OF AN AGENCY ACTED I N A MANNER WARRANTIN G CRIMINAL CHARGES O R 25
465		-	DISCIPLINARY PROCEED INGS, THE OMBUDSMAN UNIT SHALL REFER THE MATT ER 26
466		-	TO APPROPRIATE AUTHO RITIES. 27
	452	+	(3) INTERFERE WITH , DELAY, OR MONITOR ANY COMMU NICATION 21
	453	+	BETWEEN THE OMBUDSMAN AND A PERSO N BEING CONFINED BY THE AGENCY. 22
467	454
468		-	(D) AN AGENCY MAY NOT THE UNIT MAY: 28
	455	+	(E) IN PERFORMING THE DUT IES ASSIGNED UNDER T HIS SUBTITLE, THE 23
	456	+	OMBUDSMAN SHALL TREAT ALL COMMUNICATIONS A S CONFIDENTIAL AND M AY 24
	457	+	REVEAL THE DETAILS O F ANY COMMUNICATION ONLY IF IT IS: 25
469	458
470		-	(1) ~~RESTRICT~~ THE OMBUDSMAN ’S ~~ABILITY TO:~~ 29
	459	+	(1) NECESSARY TO CARRY O UT THE OMBUDSMAN ’S DUTIES; AND 26
471	460
472		-	(I) INTERVIEW AGENCY PER SONNEL OR ANY INDIVI DUAL 30
473		-	CONFINED BY AN AGENC Y; 31 SENATE BILL 87 11
	461	+	(2) DONE IN ACCORDANCE W ITH APPLICABLE STATE AND FEDERAL 27
	462	+	LAW. 28
	463	+	SENATE BILL 87 11
	464	+
	465	+
	466	+	(F) THE OMBUDSMAN MAY SUBPOEN A ANY INDIVIDUAL TO APPEAR TO GIVE 1
	467	+	SWORN TESTIMONY OR P RODUCE DOCUMENTARY E VIDENCE THAT IS REAS ONABLY 2
	468	+	NECESSARY TO CARRY O UT THE OMBUDSMAN ’S DUTIES. 3
	469	+
	470	+	(G) THE OMBUDSMAN MAY BRING A N ACTION IN THE CIRC UIT COURT TO 4
	471	+	ENFORCE THE PROVISIO NS OF THIS SUBTITLE . 5
	472	+
	473	+	6–705. 6
	474	+
	475	+	(A) WITHIN 30 DAYS AFTER COMPLETIN G AN INVESTIGATION , THE 7
	476	+	OMBUDSMAN SHALL SUBMI T TO AN AGENCY A REP ORT CONTAINING ANY 8
	477	+	CONCLUSIONS , RECOMMENDATIONS , AND REQUESTS FOR A R ESPONSE FROM THE 9
	478	+	AGENCY. 10
	479	+
	480	+	(B) IF THE REPORT SUBMITT ED TO AN AGENCY UNDE R THIS SECTION 11
	481	+	CONTAINS A REQUEST F OR A RESPONSE FROM T HE AGENCY, THE AGENCY SHALL 12
	482	+	PROVIDE A WRITTEN RE SPONSE WITHIN 30 DAYS AFTER RECEIPT O F THE REPORT. 13
	483	+
	484	+	(C) THE OMBUDSMAN MAY PROVIDE THE REPORT REQUIRED BY THIS 14
	485	+	SECTION, AS WELL AS ANY RESPO NSES BY THE AGENCY , TO THE GOVERNOR OR , IN 15
	486	+	ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY. 16
	487	+
	488	+	6–706. 17
	489	+
	490	+	(A) ON OR BEFORE DECEMBER 31 EACH YEAR, THE OMBUDSMAN SHAL L 18
	491	+	REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, 19
	492	+	THE GENERAL ASSEMBLY ON: 20
	493	+
	494	+	(1) INVESTIGATIONS CONDU CTED BY THE OMBUDSMAN ; 21
	495	+
	496	+	(2) ANY ACTIONS TAKEN BY AN AGENCY AS A RESUL T OF THE 22
	497	+	CONCLUSIONS OR RECOM MENDATIONS OF THE OMBUDSMAN ; AND 23
	498	+
	499	+	(3) ANY INSTANCE WHERE A N AGENCY REJECTS A R ECOMMENDATION 24
	500	+	OR CONCLUSION OF THE OMBUDSMAN . 25
	501	+
	502	+	(B) IN ADDITION TO THE RE PORT REQUIRED BY SUB SECTION (A) OF THIS 26
	503	+	SECTION, THE OMBUDSMAN SHALL PROVI DE TO THE GOVERNOR AND , IN 27
	504	+	ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY ANY 28
	505	+	OTHER REPORTS THAT T HE GOVERNOR OR THE GENERAL ASSEMBLY MAY REQUIRE . 29
	506	+
	507	+	(C) A REPORT PREPARED UNDE R THIS SECTION SHALL BE PUBLISHED ON 30
	508	+	THE OMBUDSMAN ’S WEBSITE. 31 12 SENATE BILL 87
474	509
475	510
476	511
477		-	(II) (2) ACCESS ANY RECORDS M AINTAINED BY THE AGE NCY; 1
478		-	OR 2
	512	+	6–707. 1
479	513
480		-	(~~III~~) ~~(3) ACCESS ANY FACILITIE S OWNED OR CONTROLLE D BY 3~~
481		-	~~THE AGENCY;~~ 4
	514	+	(A) IN THIS SECTION, “BOARD” MEANS THE CORRECTIONAL OMBUDSMAN 2
	515	+	ADVISORY BOARD. 3
482	516
483		-	(2) (4~~) OPEN ANY CORRESPONDE NCE SENT: 5~~
	517	+	(B) THERE IS A CORRECTIONAL OMBUDSMAN ADVISORY BOARD. 4
484	518
485		-	(I) TO THE OMBUDSMAN UNIT BY A PERSON BEING CO NFINED 6
486		-	BY THE AGENCY ; OR 7
	519	+	(C) THE PURPOSE OF THE BOARD IS TO PROVIDE I NFORMATION TO THE 5
	520	+	OMBUDSMAN AND ASSIST THE OMBUDSMAN IN IDENTIFY ING APPROPRIATE 6
	521	+	MATTERS TO INVESTIGA TE. 7
487	522
488		-	(II) BY THE ~~OMBUDSMAN UNIT TO A PERSON BEING CO NFINED~~ 8
489		-	~~BY THE AGENCY ; OR AND~~ 9
	523	+	(D) THE BOARD SHALL CONSIST O F 10 MEMBERS APPOINTED BY THE 8
	524	+	ATTORNEY GENERAL. 9
490	525
491		-	(3) (5) INTERFERE WITH , DELAY, OR MONITOR ANY 10
492		-	COMMUNICATION BETWEE N THE OMBUDSMAN AND A PERSON BEING C ONFINED BY 11
493		-	THE AGENCY REVIEW ALL REPORTS O F DISCIPLINARY ACTIO NS, GRIEVANCES, AND 12
494		-	GRIEVANCE DISPOSITIO NS BY THE AGENCY . 13
	526	+	(E) TO THE EXTENT PRACTIC ABLE, THE ATTORNEY GENERAL SHALL 10
	527	+	ENSURE THAT THE MEMB ERSHIP OF THE BOARD INCLUDES REPRES ENTATIVES OF: 11
495	528
496		-	(E) IN PERFORMING THE DUT IES ASSIGNED UN DER THIS SUBTITLE , THE 14
497		-	OMBUDSMAN UNIT SHALL TREAT ALL COMM UNICATIONS AS CONFID ENTIAL AND 15
498		-	MAY REVEAL THE DETAI LS OF ANY COMMUNICAT ION ONLY IF IT IS: 16
	529	+	(1) FAMILY MEMBERS OF CO NFINED INDIVIDUALS ; 12
499	530
500		-	(1) NECESSARY TO CARRY O UT THE OMBUDSMAN ’S UNIT’S DUTIES; 17
501		-	AND 18
	531	+	(2) RETURNING CITIZENS; 13
502	532
503		-	(2) DONE IN ACCORDANCE W ITH APPLICABLE STATE AND FEDERAL 19
504		-	LAW. 20
	533	+	(3) NONSUPERVISORY CORRE CTIONAL OFFICERS ; 14
505	534
506		-	(F) THE OMBUDSMAN MAY SUBPOEN A ANY INDIVIDUAL TO APPEAR TO GIVE 21
507		-	SWORN TESTIMONY OR P RODUCE DOCUMENTARY E VIDENCE THAT IS REAS ONABLY 22
508		-	NECESSARY TO CARRY O UT THE OMBUDSMAN ’S DUTIES. 23
	535	+	(4) MEMBERS OF THE PUBLI C WITH A DEMONSTRATE D INTEREST IN 15
	536	+	CORRECTIONS ; AND 16
509	537
510		-	(G) ~~THE OMBUDSMAN MAY BRING A N ACTION~~ IN ~~THE CIRCUIT COURT TO 24~~
511		-	~~ENFORCE THE PROVISIO NS OF THIS SUBTITLE~~ . 25
	538	+	(5) INDIVIDUALS WITH BAC KGROUNDS IN HEALTH C ARE AND SOCIAL 17
	539	+	WORK. 18
512	540
513		-	6–705. 26
	541	+	(F) THE OFFICE OF THE CORRECTIONAL OMBUDSMAN SHA LL PROVIDE 19
	542	+	STAFF FOR THE BOARD. 20
514	543
515		-	(A) WITHIN 30 DAYS AFTER COMPLETIN G AN INVESTIGATION , THE 27
516		-	OMBUDSMAN UNIT SHALL SUBMIT TO AN A GENCY A REPORT CONTA INING ANY 28
517		-	CONCLUSIONS , RECOMMENDATIONS , AND REQUESTS FOR A R ESPONSE FROM T HE 29
518		-	AGENCY. 30
519		-	12 SENATE BILL 87
	544	+	6–708. 21
520	545
	546	+	(A) A PERSON MAY NOT , BY THREAT , FORCE, OR CORRUPT MEANS , 22
	547	+	OBSTRUCT, IMPEDE, OR TRY TO OBSTRUCT T HE LAWFUL EXERCISE O F THE 23
	548	+	OMBUDSMAN ’S POWERS. 24
521	549
522		-	(B) IF THE REPORT SUBMITT ED TO AN AGENCY UNDE R THIS SECTION 1
523		-	CONTAINS A REQUEST F OR A RESPONSE FROM T HE AGENCY, THE AGENCY SHALL 2
524		-	PROVIDE A WRITTEN RE SPONSE WITHIN 30 DAYS AFTER RECEIPT O F THE REPORT. 3
525		-
526		-	(C) THE OMBUDSMAN UNIT MAY PROVIDE THE REP ORT REQUIRED BY THIS 4
527		-	SECTION, AS WELL AS ANY RESPO NSES BY THE AGENCY , TO THE GOVERNOR OR , IN 5
528		-	ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY. 6
529		-
530		-	6–706. 7
531		-
532		-	(A) ON OR BEFORE DECEMBER 31 EACH YEAR, THE OMBUDSMAN UNIT 8
533		-	SHALL REPORT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2–1257 OF THIS 9
534		-	ARTICLE, THE GENERAL ASSEMBLY ON: 10
535		-
536		-	(1) INVESTIGATIONS CONDU CTED BY THE OMBUDSMAN UNIT; 11
537		-
538		-	(2) ANY ACTIONS TAKEN BY AN AGENCY AS A RESUL T OF THE 12
539		-	CONCLUSIONS OR RECOM MENDATIONS OF THE OMBUDSMAN UNIT; AND 13
540		-
541		-	(3) ANY INSTANCE WHERE AN AG ENCY REJECTS A RECOM MENDATION 14
542		-	OR CONCLUSION OF THE OMBUDSMAN UNIT. 15
543		-
544		-	(B) IN ADDITION TO THE RE PORT REQUIRED BY SUB SECTION (A) OF THIS 16
545		-	SECTION, THE OMBUDSMAN UNIT SHALL PROVIDE TO THE GOVERNOR AND , IN 17
546		-	ACCORDANCE WITH § 2–1257 OF THIS ART ICLE, THE GENERAL ASSEMBLY ANY 18
547		-	OTHER REPORTS THAT T HE GOVERNOR OR THE GENERAL ASSEMBLY MAY REQUIRE . 19
548		-
549		-	(C) A REPORT PREPARED UNDE R THIS SECTION SHALL BE PUBLISHED ON 20
550		-	THE OMBUDSMAN ’S UNIT’S WEBSITE. 21
551		-
552		-	6–707. 22
553		-
554		-	(A) IN THIS SECTION, “BOARD” MEANS THE CORRECTIONAL OMBUDSMAN 23
555		-	ADVISORY BOARD. 24
556		-
557		-	(B) THERE IS A CORRECTIONAL OMBUDSMAN ADVISORY BOARD. 25
558		-
559		-	(C) THE PURPOSE OF THE BOARD IS TO PROVIDE I NFORMATION TO THE 26
560		-	OMBUDSMAN UNIT AND ASSIST THE OMBUDSMAN UNIT IN IDENTIFYING 27
561		-	APPROPRIATE MATTERS TO INVESTIGATE . 28
562		-
563		-	(D) THE BOARD SHALL CONSIST O F 10 MEMBERS APPOINTED BY THE 29
564		-	ATTORNEY GENERAL. 30
	550	+	(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 25
	551	+	AND ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT EXCEEDING 1 YEAR OR A 26
	552	+	FINE NOT EXCEEDING $10,000 OR BOTH. 27
565	553		SENATE BILL 87 13
566	554
567	555
568		-	(E) TO THE EXTENT PRACTIC ABLE, THE ATTORNEY GENERAL SHALL 1
569		-	ENSURE THAT THE MEMB ERSHIP OF THE BOARD INCLUDES REPRES ENTATIVES OF: 2
	556	+	SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 1
	557	+	Assembly that the Governor shall include in the State budget for fiscal year 2024 and each 2
	558	+	subsequent fiscal year an appropriation in an amount sufficient to fund the provisions of 3
	559	+	this Act and to provide for at least two staff members of the Office of the Correctional 4
	560	+	Ombudsman in 2024 and at least seven staff members of the Office in 2025 and each 5
	561	+	subsequent fiscal year. 6
570	562
571		-	(1) FAMILY MEMBERS OF CO NFINED INDIVIDUALS ; 3
	563	+	SECTION 3. AND BE IT FURTHER ENACTED, That on or before December 31, 7
	564	+	2023, the Correctional Ombudsman and the Commission on Correctional Standards shall 8
	565	+	submit a joint report to the Governor and, in accordance with § 2–1257 of the State 9
	566	+	Government Article, the General Assembly detailing how the Office of the Correctional 10
	567	+	Ombudsman and the Commission will coordinate in order to avoid overlap in their duties. 11
572	568
573		-	(2) RETURNING CITIZENS ; 4
	569	+	SECTION 4. AND BE IT FURTHER ENACTED, That on or before December 31, 12
	570	+	2023, the Mediation and Conflict Resolution Office shall report to the Correctional 13
	571	+	Ombudsman, the Governor, and, in accordance with § 2–1257 of the State Government 14
	572	+	Article, the General Assembly on best practices for mediating grievances in the corrections 15
	573	+	system. 16
574	574
575		-	(3) NONSUPERVISORY CORRE CTIONAL OFFICERS ; 5
	575	+	SECTION 5. AND BE IT FURTHER ENACTED, That it is the intent of the General 17
	576	+	Assembly that, in its first year of operation, the Office of the Correctional Ombudsman 18
	577	+	focus its activities primarily on those State correctional facilities located in the area of 19
	578	+	Jessup, Maryland. 20
576	579
577		-	(4) MEMBERS OF THE PUBLI C WITH A DEMONSTRATE D INTEREST IN 6
578		-	CORRECTIONS ; AND 7
	580	+	SECTION 6. AND BE IT FURTHER ENACTED, That it is the intent of the General 21
	581	+	Assembly that, in its first year of operation, the Office of the Correctional Ombudsman 22
	582	+	conduct an audit of programming and services provided by the Division of Corrections since 23
	583	+	fiscal year 2019. This audit shall include, among other things, an examination of: 24
579	584
580		-	(5) INDIVIDUALS WITH BAC KGROUNDS IN HEALTH C ARE AND SOCIAL 8
581		-	WORK. 9
	585	+	(1) inmates’ rates of participation in: 25
582	586
583		-	(F) THE OFFICE OF THE CORRECTIONAL OMBUDSMAN UNIT SHALL 10
584		-	PROVIDE STAFF FOR TH E BOARD. 11
	587	+	(i) educational and vocational training; 26
585	588
586		-	6–708. 12
	589	+	(ii) evidence–based behavioral health and substance abuse 27
	590	+	counseling; and 28
587	591
588		-	(A) A PERSON MAY NOT , BY THREAT , FORCE, OR CORRUPT MEANS , 13
589		-	OBSTRUCT, IMPEDE, OR TRY TO OBSTRUCT T HE LAWFUL EXERCISE O F THE 14
590		-	OMBUDSMAN ’S POWERS. 15
	592	+	(iii) mentoring and reentry programs; and 29
591	593
592		-	(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 16
593		-	AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 YEAR OR A 17
594		-	FINE NOT EXCEEDING $10,000 OR BOTH. 18
	594	+	(2) any obstacles to inmates’ participation in programs provided by the 30
	595	+	Division. 31
595	596
596		-	SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 19
597		-	Assembly that the Governor shall include in the State budget for fiscal year 2024 and each 20
598		-	subsequent fiscal year an appropriation in an amount sufficient to fund the provisions of 21
599		-	this Act and to provide for at least two staff members of the Office of the Correctional 22
600		-	Ombudsman Unit in 2024 and at least seven staff members of the Office Unit in 2025 and 23
601		-	each subsequent fiscal year. 24
602		-
603		-	SECTION 3. AND BE IT FURTHER ENACTED, That on or before December 31, 25
604		-	2023, the Correctional Ombudsman Unit and the Commission on Correctional Standards 26
605		-	shall submit a joint report to the Governor and, in accordance with § 2–1257 of the State 27
606		-	Government Article, the General Assembly detailing how the Office of the Correctional 28
607		-	Ombudsman Unit and the Commission will coordinate in order to avoid overlap in their 29
608		-	duties. 30
609		-
610		-	SECTION 4. AND BE IT FURTHER ENACTED, That on or before December 31, 31
611		-	2023, the Mediation and Conflict Resolution Office shall report to the Correctional 32
612		-	Ombudsman Unit, the Governor, and, in accordance with § 2–1257 of the State Government 33 14 SENATE BILL 87
	597	+	SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect July 32
	598	+	1, 2023. 33
613	599
614	600
615		-	Article, the General Assembly on best practices for mediating grievances in the corrections 1
616		-	system. 2
617		-
618		-	SECTION 5. AND BE IT FURTHER ENACTED, That it is the intent of the General 3
619		-	Assembly that, in its first year of operation, the Office of the Correctional Ombudsman Unit 4
620		-	focus its activities primarily on those State correctional facilities located in the area of 5
621		-	Jessup, Maryland. 6
622		-
623		-	SECTION 6. AND BE IT FURTHER ENACTED, That it is the intent of the General 7
624		-	Assembly that, in its first year of operation, the Office of the Correctional Ombudsman Unit 8
625		-	conduct an audit of programming and services provided by the Division of Corrections since 9
626		-	fiscal year 2019. This audit shall include, among other things, an examination of: 10
627		-
628		-	(1) inmates’ rates of participation in: 11
629		-
630		-	(i) educational and vocational training; 12
631		-
632		-	(ii) evidence–based behavioral health and substance abuse 13
633		-	counseling; and 14
634		-
635		-	(iii) mentoring and reentry programs; and 15
636		-
637		-	(2) any obstacles to inmates’ participation in programs provided by the 16
638		-	Division. 17
639		-
640		-	SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
641		-	1, 2023. 19
642		-
643		-
644		-
645		-
646		-
647		-	Approved:
648		-	________________________________________________________________________________
649		-	Governor.
650		-	________________________________________________________________________________
651		-	President of the Senate.
652		-	________________________________________________________________________________
653		-	Speaker of the House of Delegates.