85R9803 JRR-D
By: Rose H.B. No. 3844
A BILL TO BE ENTITLED
AN ACT
relating to the independent ombudsman for county jails.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 4, Government Code, is amended
by adding Chapter 512 to read as follows:
CHAPTER 512. INDEPENDENT OMBUDSMAN FOR COUNTY JAILS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 512.001. DEFINITIONS. In this chapter:
(1) "County jail" means a facility operated by or for a
county for the confinement of persons accused or convicted of an
offense.
(2) "Independent ombudsman" means the individual
appointed under Chapter 261, Human Resources Code, to the office of
independent ombudsman.
(3) "Office" means the office of independent ombudsman
created under Chapter 261, Human Resources Code.
(4) "Prisoner" means a person confined in a county
jail.
Sec. 512.002. PURPOSE. An additional purpose of the office
of independent ombudsman established under Chapter 261, Human
Resources Code, is investigating, evaluating, and securing the
rights of prisoners.
Sec. 512.003. INDEPENDENCE. The independent ombudsman in
the performance of the ombudsman's duties and powers under this
chapter acts independently of each county under the ombudsman's
oversight, including the commissioners court or sheriff of a county
and any division, department, or other body that is part of a
county.
SUBCHAPTER B. MANAGEMENT OF OFFICE
Sec. 512.051. CONFLICT OF INTEREST. (a) In addition to the
reasons specified by Section 261.053, Human Resources Code, a
person may not serve as independent ombudsman or as an assistant to
the independent 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
sheriff's department;
(2) owns or controls, directly or indirectly, any
interest in a business entity or other organization receiving funds
from a sheriff's department; or
(3) uses or receives any amount of tangible goods,
services, or funds from a sheriff's department.
(b) A person may not serve as independent ombudsman or as an
assistant to the independent ombudsman if the person or the
person's spouse is required to register as a lobbyist under Chapter
305, Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of a
sheriff's department.
Sec. 512.052. REPORT. (a) The independent ombudsman shall
submit on a quarterly basis to the governor, the lieutenant
governor, each member of the legislature, and the Commission on
Jail Standards a report that is both aggregated and disaggregated
by county jail and describes:
(1) the work of the independent ombudsman under this
chapter;
(2) the results of any review or investigation
undertaken by the independent ombudsman under this chapter; and
(3) any recommendations that the independent
ombudsman has in relation to the duties of the independent
ombudsman under this chapter.
(b) The independent ombudsman shall immediately report to
the governor, the lieutenant governor, the speaker of the house of
representatives, the Commission on Jail Standards, and the
commissioners court of the applicable county any particularly
serious or flagrant:
(1) case of abuse or injury of a prisoner;
(2) problem concerning the administration of a county
jail program or operation;
(3) problem concerning the delivery of services in a
county jail; or
(4) interference by a county with an investigation
conducted by the office under this chapter.
Sec. 512.053. COMMUNICATION AND CONFIDENTIALITY. (a) The
sheriff of a county shall allow any prisoner to communicate with the
independent ombudsman or an assistant to the independent 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 independent ombudsman under this
chapter are confidential, except that the independent ombudsman
shall:
(1) share a communication made by a prisoner that may
involve the abuse or neglect of the prisoner with the appropriate
prosecutor of the county in which the prisoner is confined; and
(2) disclose its nonprivileged records if required by
a court order on a showing of good cause.
(c) The independent ombudsman may make reports relating to
an investigation under this chapter public after the investigation
is complete but only if the names of all prisoners, family members,
and employees are redacted from the report and remain confidential.
(d) The name, address, or other personally identifiable
information of a person who files a complaint under this chapter
with the office, information generated by the office in the course
of an investigation under this chapter, and confidential records
obtained by the office are confidential and not subject to
disclosure under Chapter 552, Government Code, 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 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 of a prisoner.
Sec. 512.054. PROMOTION OF AWARENESS OF OFFICE. The
independent ombudsman shall promote awareness among the public and
prisoners of:
(1) how the office may be contacted;
(2) the office's purposes under this chapter; and
(3) the services the office provides under this
chapter.
Sec. 512.055. RULEMAKING AUTHORITY. The office shall adopt
rules necessary to implement Section 512.056, including rules that
establish procedures for county jails to review and comment on
reports of the office and for county jails to expedite or eliminate
review of and comment on a report due to an emergency or a serious or
flagrant circumstance described by Section 512.052(b).
Sec. 512.056. REVIEW AND FORMAT OF REPORTS. (a) The office
shall accept, both before and after publication, comments from a
county jail concerning the following types of reports published by
the office under this chapter:
(1) the office's quarterly report under Section
512.052(a);
(2) reports concerning serious or flagrant
circumstances under Section 512.052(b); and
(3) any other formal reports containing findings and
making recommendations concerning systemic issues that affect a
county jail.
(b) A county jail or sheriff may not submit comments under
Subsection (a) after the 30th day after the date the report on which
the jail or sheriff is commenting is published.
(c) The office shall ensure that reports described by
Subsection (a) are in a format to which the county jail or sheriff
can easily respond.
(d) After receipt of comments under this section, the office
is not obligated to change any report or change the manner in which
the office performs the duties of the office under this chapter.
SUBCHAPTER C. DUTIES AND POWERS
Sec. 512.101. DUTIES AND POWERS. (a) Notwithstanding any
limitation imposed by Section 261.101, Human Resources Code, and in
addition to the independent ombudsman's duties under that section,
the independent ombudsman shall:
(1) review the procedures established by county jails
and evaluate the delivery of services to prisoners to ensure that
the rights of prisoners are fully observed;
(2) review complaints filed with the independent
ombudsman concerning the actions of a county jail and investigate
each complaint in which it appears that a prisoner may be in need of
assistance from the independent ombudsman;
(3) conduct investigations of complaints, other than
complaints alleging criminal behavior, if the office determines
that:
(A) a prisoner or a prisoner's family may be in
need of assistance from the office; or
(B) a systemic issue in a county jail's provision
of services is raised by a complaint;
(4) provide assistance to a prisoner or family member
who the independent ombudsman determines is in need of assistance,
including advocating with an agency, provider, or other person in
the best interests of the prisoner;
(5) recommend changes in any procedure relating to the
treatment of prisoners;
(6) make appropriate referrals under any of the duties
and powers listed in this subsection;
(7) supervise assistants who are serving as advocates
in their representation of prisoners in internal administrative and
disciplinary hearings; and
(8) immediately report substantiated findings of any
investigation related to the health or safety of a prisoner to the
sheriff and commissioners court of the county in which the prisoner
is confined.
(b) The independent ombudsman may apprise persons who are
interested in a prisoner's welfare of the rights of the prisoner.
(c) To assess if a prisoner's rights have been violated, the
independent ombudsman may, in any matter that does not involve
alleged criminal behavior:
(1) contact or consult with an administrator,
employee, family member, expert, another prisoner, or any other
individual in the course of the ombudsman's investigation or to
secure information; and
(2) conduct confidential interviews with persons
described by Subdivision (1), review official documents, files, and
logs maintained by a county jail, and inspect any part of a county
jail at any time.
(d) Notwithstanding any other provision of this chapter,
the independent ombudsman may not investigate alleged criminal
behavior.
Sec. 512.102. TREATMENT OF EMPLOYEES WHO COOPERATE WITH
INDEPENDENT OMBUDSMAN. (a) A county may not discharge or in any
manner discriminate or retaliate against an employee who in good
faith makes a complaint to the office or cooperates with the office
in an investigation under this chapter.
(b) The commissioners court of a county shall adopt policies
to protect from adverse employment action a county employee who in
good faith makes a complaint to the office or cooperates with the
office in an investigation under this chapter.
Sec. 512.103. MEMORANDUM OF UNDERSTANDING. The office and
the Commission on Jail Standards shall enter into a memorandum of
understanding concerning:
(1) the most efficient manner in which to share
information with one another; and
(2) opportunities for collaboration between the
office and the commission.
SUBCHAPTER D. ACCESS TO INFORMATION
Sec. 512.151. ACCESS TO INFORMATION OF GOVERNMENTAL
ENTITIES. (a) A county jail shall allow the independent ombudsman
access to the jail's records relating to prisoners.
(b) The Department of Public Safety and any local law
enforcement agency shall allow the independent ombudsman access to
its records relating to a prisoner.
Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
The independent ombudsman shall have access to the records of a
private entity that relate to a prisoner.
SECTION 2. This Act takes effect September 1, 2017.