81R734 KCR-D
By: Madden H.B. No. 553
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the office of criminal and
juvenile justice ombudsman.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 4, Government Code, is amended
by adding Chapter 502 to read as follows:
CHAPTER 502. OFFICE OF CRIMINAL AND JUVENILE JUSTICE OMBUDSMAN
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 502.001. DEFINITIONS. In this chapter:
(1) "Criminal or juvenile justice agency" means:
(A) the Department of Public Safety;
(B) the Texas Department of Criminal Justice;
(C) the Board of Pardons and Paroles;
(D) a community supervision and corrections
department established under Chapter 76;
(E) the Texas Youth Commission;
(F) the Texas Juvenile Probation Commission; and
(G) a local juvenile probation department
receiving state aid under Subchapter E, Chapter 141, Human
Resources Code.
(2) "Office" means the office of criminal and juvenile
justice ombudsman created under this chapter.
(3) "Ombudsman" means the individual who has been
appointed under this chapter to the office of criminal and juvenile
justice ombudsman.
Sec. 502.002. ESTABLISHMENT; PURPOSE. The office of
criminal and juvenile justice ombudsman is a state agency
established to investigate, evaluate, and secure the rights of
individuals arrested, detained, confined, released, or supervised
by or committed to a criminal or juvenile justice agency.
Sec. 502.003. CONSTRUCTION WITH OTHER LAW OR AGENCY
POLICIES, PROCEDURES, OR RULES. (a) Notwithstanding any other law
or any policy, procedure, or rule of a criminal or juvenile justice
agency, the office of the criminal and juvenile justice ombudsman
is the single ombudsman for each criminal or juvenile justice
agency.
(b) An ombudsman established by an individual criminal or
juvenile justice agency by policy, procedure, or rule is abolished.
Sec. 502.004. INDEPENDENCE. (a) The criminal and juvenile
justice ombudsman in the performance of its duties and powers under
this chapter acts independently of a criminal or juvenile justice
agency.
(b) Funding for the criminal and juvenile justice ombudsman
is appropriated separately from funding for a criminal or juvenile
justice agency.
[Sections 502.005-502.050 reserved for expansion]
SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
Sec. 502.051. APPOINTMENT OF OMBUDSMAN. (a) The executive
commissioner of the Texas Youth Commission, the executive director
of the Texas Department of Criminal Justice, and the public safety
director of the Department of Public Safety shall jointly appoint
the criminal and juvenile justice ombudsman for a two-year term of
office expiring February 1 of each odd-numbered year.
(b) A person appointed as criminal and juvenile justice
ombudsman is eligible for reappointment but may not serve more than
three terms in that capacity.
Sec. 502.052. ASSISTANTS. The criminal and juvenile
justice ombudsman may hire assistants to perform, under the
direction of the ombudsman, the same duties and exercise the same
powers as the ombudsman.
Sec. 502.053. CONFLICT OF INTEREST. (a) A person may not
serve as criminal and juvenile justice ombudsman or as an assistant
to the ombudsman if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from a
criminal or juvenile justice agency;
(2) owns or controls, directly or indirectly, any
interest in a business entity or other organization receiving funds
from a criminal or juvenile justice agency; or
(3) uses or receives any amount of tangible goods,
services, or funds from a criminal or juvenile justice agency.
(b) A person may not serve as criminal and juvenile justice
ombudsman or as an assistant to the ombudsman if the person or the
person's spouse is required to register as a lobbyist under Chapter
305 because of the person's activities for compensation on behalf
of a profession related to the operation of a criminal or juvenile
justice agency.
(c) A person may not serve as criminal and juvenile justice
ombudsman or as an assistant to the ombudsman if the person or the
person's spouse is an officer, employee, manager, or paid
consultant of a Texas trade association in the field of criminal or
juvenile justice.
(d) For the purposes of this section, a Texas trade
association is a nonprofit, cooperative, and voluntarily joined
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
Sec. 502.054. SUNSET PROVISION. The office is subject to
review under Chapter 325 (Texas Sunset Act) but is not abolished
under that chapter. The office shall be reviewed during the periods
in which state agencies reviewed or abolished in 2011 and every 12th
year after 2011 are reviewed.
Sec. 502.055. REPORT. (a) The criminal and juvenile
justice ombudsman shall submit on a quarterly basis to the
governor, the lieutenant governor, the state auditor, and each
member of the legislature a report that is both aggregated and
disaggregated by each criminal or juvenile justice agency and
describes:
(1) the work of the criminal and juvenile justice
ombudsman;
(2) the results of any review or investigation
undertaken by the ombudsman, including reviews or investigation of
services contracted by a criminal or juvenile justice agency; and
(3) any recommendations that the ombudsman has in
relation to the duties of the ombudsman.
(b) The criminal and juvenile justice ombudsman shall
immediately report to the governor, the lieutenant governor, the
speaker of the house of representatives, the state auditor, and the
executive officer of the relevant criminal or juvenile justice
agency any particularly serious or flagrant:
(1) case of abuse or injury of an individual arrested,
detained, confined, released, or supervised by or committed to the
agency;
(2) problem concerning the administration of an agency
program or operation;
(3) problem concerning the delivery of services in a
facility operated by or under contract with the agency; or
(4) interference by the agency with an investigation
conducted by the office.
Sec. 502.056. COMMUNICATION AND CONFIDENTIALITY. (a) A
criminal or juvenile justice agency shall allow any individual
arrested, detained, confined, released, or supervised by or
committed to the agency to communicate with the criminal and
juvenile justice ombudsman or an assistant to the ombudsman. The
communication:
(1) may be in person, by mail, or by any other means;
and
(2) is confidential and privileged.
(b) The records of the criminal and juvenile justice
ombudsman are confidential, except that the ombudsman shall:
(1) share with the executive officer of the relevant
criminal or juvenile justice agency a communication with an
individual that may involve the abuse or neglect of the individual;
and
(2) disclose the nonprivileged records of the office,
if required by a court order on a showing of good cause.
(c) The criminal and juvenile justice ombudsman may make
reports relating to an investigation public after the investigation
is complete but only if the names of any individual arrested,
detained, confined, released, or supervised by or committed to a
criminal or juvenile justice agency and employees of the agency are
redacted from the report and remain confidential.
(d) The name, address, or other personally identifiable
information of a person who files a complaint with the office,
information generated by the office in the course of an
investigation, and confidential records obtained by the office are
confidential and not subject to disclosure under Chapter 552,
except that the information and records, other than confidential
information and records concerning a pending law enforcement
investigation or criminal action, may be disclosed to the
appropriate person if the office determines that disclosure is:
(1) in the general public interest;
(2) necessary to enable the office to perform the
responsibilities provided under this section; or
(3) necessary to identify, prevent, or treat the abuse
or neglect by a criminal or juvenile justice agency of an individual
arrested, detained, confined, released, or supervised by or
committed to the agency.
Sec. 502.057. PROMOTION OF AWARENESS OF OFFICE. The
criminal and juvenile justice ombudsman shall promote awareness
among the public and individuals arrested, detained, confined,
released, or supervised by or committed to a criminal or juvenile
justice agency of:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
Sec. 502.058. RULEMAKING AUTHORITY. The office by rule
shall establish policies and procedures for the operations of the
office of criminal and juvenile justice ombudsman.
Sec. 502.059. AUTHORITY OF STATE AUDITOR. The office is
subject to audit by the state auditor in accordance with Chapter
321.
[Sections 502.060-502.100 reserved for expansion]
SUBCHAPTER C. DUTIES AND POWERS
Sec. 502.101. DUTIES AND POWERS. (a) The criminal and
juvenile justice ombudsman shall:
(1) review any procedures established by each criminal
or juvenile justice agency and evaluate the delivery of services to
individuals arrested, detained, confined, released, or supervised
by or committed to a criminal or juvenile justice agency to ensure
that the rights of those individuals are fully observed;
(2) review complaints filed with the ombudsman
concerning the actions of a criminal or juvenile justice agency and
investigate each complaint in which it appears that an individual
described by Subdivision (1) may be in need of assistance from the
ombudsman;
(3) conduct investigations of complaints, other than
complaints alleging criminal behavior, if the office determines
that:
(A) an individual described by Subdivision (1) or
the individual's family may be in need of assistance from the
office; or
(B) a systemic issue in the provision of services
by a criminal or juvenile justice agency is raised by a complaint;
(4) review or inspect periodically the facilities,
whether public or private, and the procedures of any criminal or
juvenile justice agency to ensure that the rights of individuals
described by Subdivision (1) are fully observed;
(5) provide assistance to an individual described by
Subdivision (1), or the individual's family, who the ombudsman
determines is in need of assistance, including advocating with an
agency, provider, or other person in the best interests of the
individual;
(6) review court orders as necessary to fulfill the
office's duties;
(7) recommend changes in any procedure relating to the
treatment of individuals described by Subdivision (1);
(8) make appropriate referrals under any of the duties
and powers listed in this subsection; and
(9) supervise assistants who are serving as advocates
in their representation of individuals described by Subdivision (1)
in internal administrative and disciplinary hearings.
(b) The criminal and juvenile justice ombudsman may apprise
a person who has legal custody, care, or control of an individual
described by Subsection (a)(1) of the individual's rights.
(c) To assess if an individual's rights have been violated,
the criminal and juvenile justice ombudsman may, in any matter that
does not involve alleged criminal behavior, contact or consult with
an administrator, employee, child, parent, expert, or any other
individual in the course of its investigation or to secure
information.
(d) Notwithstanding any other provision of this chapter,
the criminal and juvenile justice ombudsman may not investigate
alleged criminal behavior.
Sec. 502.102. TREATMENT OF AGENCY EMPLOYEES WHO COOPERATE
WITH OMBUDSMAN. A criminal or juvenile justice agency may not
discharge or in any manner discriminate or retaliate against an
employee who in good faith makes a complaint to the office of
criminal and juvenile justice ombudsman or cooperates with the
office in an investigation.
Sec. 502.103. TRAINING. The criminal and juvenile justice
ombudsman shall attend annual professional training sessions.
[Sections 502.104-502.150 reserved for expansion]
SUBCHAPTER D. ACCESS TO INFORMATION
Sec. 502.151. ACCESS TO INFORMATION OF GOVERNMENTAL
ENTITIES. (a) A criminal or juvenile justice agency shall allow
the criminal and juvenile justice ombudsman access to the agency's
records relating to an individual arrested, detained, confined,
released, or supervised by or committed to the agency.
(b) The Department of Public Safety shall allow the criminal
and juvenile justice ombudsman access to the juvenile justice
information system established under Subchapter B, Chapter 58,
Family Code, and the computerized criminal history system
established under Chapter 60, Code of Criminal Procedure.
(c) A local law enforcement agency shall allow the criminal
and juvenile justice ombudsman access to the agency's records
relating to any individual arrested, detained, confined, released,
or supervised by or committed to a criminal or juvenile justice
agency.
Sec. 502.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
The criminal and juvenile justice ombudsman shall have access to
the records of a private entity that relate to an individual
arrested, detained, confined, released, or supervised by or
committed to a criminal or juvenile justice agency.
SECTION 2. Chapter 60, Code of Criminal Procedure, is
amended by adding Article 60.022 to read as follows:
Art. 60.022. ACCESS TO COMPUTERIZED CRIMINAL HISTORY SYSTEM
BY NONCRIMINAL JUSTICE AGENCY. The Department of Public Safety
shall give the office of criminal and juvenile justice ombudsman
established under Chapter 502, Government Code, access to the
computerized criminal history system.
SECTION 3. Section 58.106(a), Family Code, is amended to
read as follows:
(a) Except as otherwise provided by this section,
information contained in the juvenile justice information system is
confidential information for the use of the department and may not
be disseminated by the department except:
(1) with the permission of the juvenile offender, to
military personnel of this state or the United States;
(2) to a person or entity to which the department may
grant access to adult criminal history records as provided by
Section 411.083, Government Code;
(3) to a juvenile justice agency;
(4) to the Texas Youth Commission and the Texas
Juvenile Probation Commission for analytical purposes; and
(5) to the office of criminal and juvenile justice
[independent] ombudsman established under Chapter 502, Government
Code [of the Texas Youth Commission].
SECTION 4. Section 61.0763(a), Human Resources Code, as
added by Section 49, Chapter 263 (S.B. 103), Acts of the 80th
Legislature, Regular Session, 2007, is amended to read as follows:
(a) The commission, in consultation with advocacy and
support groups such as those described in Section 61.0386(a), shall
develop a parent's bill of rights for distribution to the parent or
guardian of a child who is under 18 years of age and committed to the
commission. The parent's bill of rights must include:
(1) a description of the commission's grievance
policies and procedures, including contact information for the
office of inspector general and the office of criminal and juvenile
justice [the independent] ombudsman established under Chapter 502,
Government Code [Chapter 64];
(2) a list of possible incidents that require parental
notification;
(3) policies concerning visits and telephone
conversations with a child committed to the commission;
(4) a description of commission caseworker
responsibilities;
(5) a statement that the commission caseworker
assigned to a child may assist the child's parent or guardian in
obtaining information and services from the commission and other
resources concerning:
(A) counseling, including substance abuse and
mental health counseling;
(B) assistance programs, including financial and
travel assistance programs for visiting a child committed to the
commission;
(C) workforce preparedness programs;
(D) parenting programs; and
(E) commission seminars; and
(6) information concerning the indeterminate
sentencing structure at the commission, an explanation of reasons
that a child's commitment at the commission could be extended, and
an explanation of the review process under Sections 61.0815 and
61.0816 for a child committed to the commission without a
determinate sentence.
SECTION 5. Chapter 64, Human Resources Code, is repealed.
SECTION 6. The executive commissioner of the Texas Youth
Commission, the executive director of the Texas Department of
Criminal Justice, and the public safety director of the Department
of Public Safety shall jointly appoint the criminal and juvenile
justice ombudsman under Section 502.051, Government Code, as added
by this Act, as soon as practicable after the effective date of this
Act, and in no event later than January 1, 2010.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.