Missouri 2025 Regular Session

Missouri Senate Bill SB378 Compare Versions

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Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 378
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR MOSLEY.
6	6	0049S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To amend chapter 217, RSMo, by adding thereto five new sections relating to the oversight of
9	9	department of corrections facilities.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Chapter 217, RSMo, is am ended by adding thereto 1
13	13	five new sections, to be known as sections 217.950, 217.955, 2
14	14	217.960, 217.965, and 217.970, to read as follows:3
15	15	217.950. As used in sections 217.955 to 217.970, the 1
16	16	following terms mean: 2
17	17	(1) "Department", the departmen t of corrections; 3
18	18	(2) "Family member", includes a grandparent, parent, 4
19	19	sibling, spouse or domestic partner, child, aunt, uncle, 5
20	20	cousin, niece, nephew, grandchild, or any other person 6
21	21	related to an individual by blood, adoption, marriage, or a 7
22	22	fostering relationship; 8
23	23	(3) "Office", the office of the state ombudsman for 9
24	24	inmates in the custody of the department of corrections; 10
25	25	(4) "Ombudsman", the state ombudsman for inmates in 11
26	26	the custody of the department of corrections. 12
27	27	217.955. 1. There is hereby established within the 1
28	28	department of corrections the "Office of State Ombudsman for 2
29	29	Inmates in the Custody of the Department of Corrections", 3
30	30	for the purpose of helping to assure the adequacy of care 4
31	31	received by inmates and to improve the quality of life 5
32	32	experienced by them. 6 SB 378 2
33	33	2. The office shall be administered by the state 7
34	34	ombudsman, who shall devote his or her entire time to the 8
35	35	duties of his or her position. 9
36	36	3. The office shall establish and implement procedures 10
37	37	for receiving, processing, responding to, and resolving 11
38	38	complaints made by or on behalf of inmates in the custody of 12
39	39	the department of corrections relating to action, inaction, 13
40	40	or decisions of department staff or contractors which may 14
41	41	adversely affect the health, safety, welfare, or rights of 15
42	42	such inmates. 16
43	43	4. The office shall establish and implement procedures 17
44	44	for the resolution of complaints. The ombudsman or 18
45	45	representatives of the office shall have the authority to: 19
46	46	(1) Provide information, as appropriate, to inmates, 20
47	47	family members of inmates, representatives of inmates, 21
48	48	department of corrections employees and contractors, and 22
49	49	others regarding the rights of inmates; 23
50	50	(2) Monitor conditions of confinement and assess 24
51	51	department of corrections compliance with applicable 25
52	52	federal, state, and department rules and regulations as 26
53	53	related to the health, safety, welfare, and rehabilitation 27
54	54	of inmates; 28
55	55	(3) Provide technical assistance to support inmate 29
56	56	participation in self-advocacy; 30
57	57	(4) Establish a statewide uniform reporting system to 31
58	58	collect and analyze data related to complaints received by 32
59	59	the department, and data related to the following: 33
60	60	(a) Deaths, suicides, and suicide attempts in custody; 34
61	61	(b) Physical and sexual assaults in custody; 35
62	62	(c) Number of people placed in administrative 36
63	63	segregation or solitary confinement, and duration of stay in 37
64	64	such confinement; 38 SB 378 3
65	65	(d) Number of facility lockdowns lasting longer than 39
66	66	twenty-four hours; 40
67	67	(e) Number of staff vacancies at each facility; 41
68	68	(f) Inmate to staff ratios at each facility; 42
69	69	(g) Staff tenure and turnover; and 43
70	70	(h) Numbers of in-person visits to inmates that were 44
71	71	made and denied at each facility; 45
72	72	(5) Inspect each department facility at least once 46
73	73	each year and at least two times each year for each maximum 47
74	74	security facility and each facility where the office has 48
75	75	found cause for more frequent inspection or monitoring; 49
76	76	(6) Publicly issue annual facil ity inspection reports 50
77	77	and an annual report with recommendations on the department 51
78	78	facilities and a summary of data and recommendations arising 52
79	79	from any complaints investigated and resolved pursuant to 53
80	80	section 217.965; 54
81	81	(7) Monitor all decisions o f the parole board. 55
82	82	5. The office shall be directed by an ombudsman, who 56
83	83	shall be appointed by the governor, and shall serve a term 57
84	84	of six years. The ombudsman shall not be a current or 58
85	85	former employee or contractor of the department, and the 59
86	86	ombudsman's spouse or domestic partner, parents, 60
87	87	grandparents, children, or siblings shall not be a current 61
88	88	employee or contractor of the department. 62
89	89	6. The ombudsman shall have the authority to hire 63
90	90	staff, contractors, and unpaid volunteers. 64
91	91	7. (1) The office shall have reasonable access, upon 65
92	92	demand in-person or in-writing and with or without prior 66
93	93	notice, to all department facilities, including all areas 67
94	94	which are used by inmates, all areas which are accessible to 68
95	95	inmates, and to progr ams for inmates at reasonable times, 69
96	96	which at a minimum shall include normal working hours and 70 SB 378 4
97	97	visiting hours. This authority includes the opportunity to 71
98	98	conduct an interview with any inmate, department employee or 72
99	99	contractor, or other person. 73
100	100	(2) The office shall have the authority to meet and 74
101	101	communicate privately and confidentially with individuals 75
102	102	regularly, both formally and informally, by telephone, mail, 76
103	103	electronic communication, and in -person. 77
104	104	(3) The office shall have the author ity to access, 78
105	105	inspect, and copy all relevant information, records, or 79
106	106	documents in the possession or control of the department 80
107	107	that the office considers necessary in an investigation of a 81
108	108	complaint filed pursuant to section 217.970, and the 82
109	109	department shall assist the office in obtaining the 83
110	110	necessary releases for those documents which are 84
111	111	specifically restricted or privileged for use by the office 85
112	112	no later than thirty days after the office's written request 86
113	113	for such records. If the records reque sted by the office 87
114	114	pertain to an inmate death, threat of death or bodily harm, 88
115	115	sexual assault, or the denial of necessary medical 89
116	116	treatment, the records shall be provided by the department 90
117	117	within five days unless the office consents to an extension 91
118	118	of time no longer than thirty days. 92
119	119	8. The office shall establish confidentiality rules 93
120	120	and procedures for all information maintained by the office 94
121	121	to ensure that the identity of a complainant is not known to 95
122	122	department employees or contractors or o ther inmates. The 96
123	123	office may disclose identifying information for the sole 97
124	124	purpose of carrying out an investigation. 98
125	125	217.960. 1. As used in this section, "covered issues" 1
126	126	shall mean: 2
127	127	(1) Sanitation in prison facilities; 3 SB 378 5
128	128	(2) Access to proper nutrition and a clean and 4
129	129	adequate water supply; 5
130	130	(3) Livable temperatures in prison facilities; 6
131	131	(4) Physical or sexual abuse from fellow inmates; 7
132	132	(5) Physical or sexual abuse from department of 8
133	133	corrections staff or contractors; 9
134	134	(6) Credible threats against an inmate from other 10
135	135	inmates, prison staff, or contractors; 11
136	136	(7) Neglect of prison staff or contractors that 12
137	137	results in physical or sexual trauma; 13
138	138	(8) Denial of rights afforded to inmates under federal 14
139	139	or state law; 15
140	140	(9) Access to visitation and communication with family 16
141	141	and legal representation; 17
142	142	(10) Any instance in which the office determines an 18
143	143	action or behavior to be such that it constitutes abuse or 19
144	144	neglect against an inmate. 20
145	145	2. The office shall conduct at least one inspection 21
146	146	each year of each department of corrections facility and at 22
147	147	least two times each year for each maximum security facility 23
148	148	to monitor the status of all covered issues pursuant to this 24
149	149	section. The office shall conduct an inspection of each 25
150	150	department facility and release a public report pursuant to 26
151	151	section 217.965. 27
152	152	3. An inspection of a department facility shall 28
153	153	include an assessment of all of the following: 29
154	154	(1) All policies and procedures in place by the 30
155	155	facility related to the care of inmates; 31
156	156	(2) Conditions of confinement; 32
157	157	(3) Availability of educational and rehabilitative 33
158	158	programming, drug and mental health treatment, and inmate 34
159	159	jobs and vocational training; 35 SB 378 6
160	160	(4) Review of hourly wages of inmates; 36
161	161	(5) All policies and procedures related to visitation; 37
162	162	(6) All medical facilities and medical procedures and 38
163	163	policies; 39
164	164	(7) Review of lockdowns at the facility in the time 40
165	165	since the last inspection ; 41
166	166	(8) Review of staffing at the facility, including the 42
167	167	number and job assignments of correctional staff, the ratio 43
168	168	of staff to inmates at the facility, and the staff position 44
169	169	vacancy rate at the facility; 45
170	170	(9) Review of physical and sexual a ssaults at the 46
171	171	facility in the time since the last inspection; 47
172	172	(10) Review of any inmate or staff deaths that 48
173	173	occurred at the facility in the time since the last 49
174	174	inspection; 50
175	175	(11) Review of the department staff recruitment, 51
176	176	training, supervision, and discipline; and 52
177	177	(12) Any other aspect of the operation of the facility 53
178	178	that the office deems necessary over the course of an 54
179	179	inspection. 55
180	180	217.965. 1. Upon completion of an inspection, the 1
181	181	office shall produce a report to be made available to the 2
182	182	public on the office's website, and to be delivered to the 3
183	183	governor, the attorney general, the president pro tempore of 4
184	184	the senate, the speaker of the house of representatives, and 5
185	185	the director of the department. The report shall include: 6
186	186	(1) A summary of the facility's policies and 7
187	187	procedures related to care of the inmates; 8
188	188	(2) A characterization of the conditions of 9
189	189	confinement; 10 SB 378 7
190	190	(3) A catalogue of available educational and 11
191	191	rehabilitative programming, drug and mental health 12
192	192	treatment, and inmate jobs and vocational training; 13
193	193	(4) A summary of visitation policies and procedures; 14
194	194	(5) A summary of medical facilities and medical 15
195	195	procedures and policies; 16
196	196	(6) A summary of the lockdowns revi ew by the office; 17
197	197	(7) A summary of the staffing at the facility, 18
198	198	including policies relating to staff recruitment, training, 19
199	199	supervision, and discipline; 20
200	200	(8) A summary of physical and sexual assaults reviewed 21
201	201	by the office; 22
202	202	(9) A summary of any inmate or staff deaths that 23
203	203	occurred at the facility; and 24
204	204	(10) Recommendations made to the facility to improve 25
205	205	safety and conditions within the facility. 26
206	206	2. The department shall submit a report to the office 27
207	207	within thirty days of t he office's inspection report which 28
208	208	shall include a corrective action plan for each 29
209	209	recommendation of the office. 30
210	210	217.970. 1. The office may initiate and attempt to 1
211	211	resolve an investigation upon its own initiative, or upon 2
212	212	receipt of a complaint from an inmate, family member, 3
213	213	representative of an inmate, a department employee or 4
214	214	contractor, or others, regarding any of the following that 5
215	215	may adversely affect the health, safety, welfare, and rights 6
216	216	of inmates: 7
217	217	(1) Abuse or neglect; 8
218	218	(2) Conditions of confinement; 9
219	219	(3) Department decisions or administrative actions; 10
220	220	(4) Department inactions or omissions; 11
221	221	(5) Department policies, rules, or procedures; 12 SB 378 8
222	222	(6) Alleged violations of law by department emplo yees 13
223	223	or contractors that may adversely affect the health, safety, 14
224	224	welfare, and rights of inmates; or 15
225	225	(7) Decisions of the parole board. 16
226	226	2. The office shall decline to investigate a complaint 17
227	227	if the inmate has failed to first utilize the depa rtment 18
228	228	policies and procedures regarding resolution of inmate 19
229	229	grievances. If the office does not investigate a complaint, 20
230	230	the office shall notify the complainant in writing of the 21
231	231	decision not to investigate and the reasons for the decision. 22
232	232	3. Any action or lack of action on a complaint by the 23
233	233	office shall not be deemed an administrative procedure 24
234	234	required for exhaustion of remedies prior to bringing an 25
235	235	action pursuant to the Prison Litigation Reform Act, 42 26
236	236	U.S.C. Section 1997e, et seq. 27
237	237	4. The office may not investigate any complaints 28
238	238	relating to an inmate's underlying criminal conviction. 29
239	239	5. The office may not investigate a complaint from a 30
240	240	department employee or contractor that relates to the 31
241	241	employee or contractor's employm ent relationship with the 32
242	242	department unless the complaint is related to the health, 33
243	243	safety, welfare, and rehabilitation of inmates. 34
244	244	6. The office may refer the complainant and others to 35
245	245	appropriate resources or state, tribal, or federal agencies. 36
246	246	7. The office may not levy any fees for the submission 37
247	247	or investigation of complaints. 38
248	248	8. The office may investigate any complaint regarding 39
249	249	a parole decision. 40
250	250	9. At the conclusion of an investigation of a 41
251	251	complaint, the office shall r ender a public decision on the 42
252	252	merits of each complaint within ninety days of the filing of 43
253	253	the complaint, except that the documents supporting the 44 SB 378 9
254	254	decision are subject to the confidentiality provision of 45
255	255	section 217.955. The office shall give a decis ion in 46
256	256	writing to the inmate, if any, and to the department. The 47
257	257	office shall state its recommendations and reasoning if, in 48
258	258	the office's opinion, the department or any employee or 49
259	259	contractor thereof should: 50
260	260	(1) Consider the matter further; 51
261	261	(2) Modify or cancel any action; 52
262	262	(3) Alter a rule, practice, or ruling; 53
263	263	(4) Explain in detail the administrative action in 54
264	264	question; or 55
265	265	(5) Rectify an omission. 56
266	266	10. If the office so requests, the department shall, 57
267	267	within thirty days, inform the office in writing about any 58
268	268	action taken on the recommendations or the reasons for not 59
269	269	complying with the recommendations. 60
270	270	11. If the office finds, based on the investigation, 61
271	271	that there has been or continues to be a significant i nmate 62
272	272	health, safety, welfare, or rehabilitation issue, the office 63
273	273	shall report such finding to the governor, the attorney 64
274	274	general, the president pro tempore of the senate, speaker of 65
275	275	the house of representatives, and the director of the 66
276	276	department of corrections. 67
277	277	12. In the event that the department conducts an 68
278	278	internal disciplinary investigation and review of one or 69
279	279	more of its staff members as a result of an office 70
280	280	investigation, the department's disciplinary review may be 71
281	281	subject to additional review and investigation by the office 72
282	282	to ensure a fair and objective process. 73
283	283	13. The department and its employees and contractors 74
284	284	shall not discharge, retaliate against, or in any manner 75
285	285	discriminate against any person because such person has 76 SB 378 10
286	286	filed any complaint or instituted or caused to be instituted 77
287	287	any investigation under section 217.970. 78
288	288	(1) Any alleged discharge of, retaliation against, or 79
289	289	discrimination against a complainant may be considered by 80
290	290	the office as an appropriate subject of an investigation. 81
291	291	(2) Any department employee or contractor who believes 82
292	292	that he or she has been discharged or otherwise retaliated 83
293	293	against by any person in violation of this chapter may, 84
294	294	within thirty days after such violation occurs, file a 85
295	295	complaint with the attorney general. 86
296	296	(3) If the complainant has suffered abuse or any other 87
297	297	violation of this chapter after he or she filed a complaint, 88
298	298	there shall be a rebuttable presumption of retaliation. 89
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