Texas 2017 - 85th Regular

Texas House Bill HB3844 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9803 JRR-D
2	2	By: Rose H.B. No. 3844
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the independent ombudsman for county jails.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle G, Title 4, Government Code, is amended
10	10	by adding Chapter 512 to read as follows:
11	11	CHAPTER 512. INDEPENDENT OMBUDSMAN FOR COUNTY JAILS
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 512.001. DEFINITIONS. In this chapter:
14	14	(1) "County jail" means a facility operated by or for a
15	15	county for the confinement of persons accused or convicted of an
16	16	offense.
17	17	(2) "Independent ombudsman" means the individual
18	18	appointed under Chapter 261, Human Resources Code, to the office of
19	19	independent ombudsman.
20	20	(3) "Office" means the office of independent ombudsman
21	21	created under Chapter 261, Human Resources Code.
22	22	(4) "Prisoner" means a person confined in a county
23	23	jail.
24	24	Sec. 512.002. PURPOSE. An additional purpose of the office
25	25	of independent ombudsman established under Chapter 261, Human
26	26	Resources Code, is investigating, evaluating, and securing the
27	27	rights of prisoners.
28	28	Sec. 512.003. INDEPENDENCE. The independent ombudsman in
29	29	the performance of the ombudsman's duties and powers under this
30	30	chapter acts independently of each county under the ombudsman's
31	31	oversight, including the commissioners court or sheriff of a county
32	32	and any division, department, or other body that is part of a
33	33	county.
34	34	SUBCHAPTER B. MANAGEMENT OF OFFICE
35	35	Sec. 512.051. CONFLICT OF INTEREST. (a) In addition to the
36	36	reasons specified by Section 261.053, Human Resources Code, a
37	37	person may not serve as independent ombudsman or as an assistant to
38	38	the independent ombudsman if the person or the person's spouse:
39	39	(1) is employed by or participates in the management
40	40	of a business entity or other organization receiving funds from a
41	41	sheriff's department;
42	42	(2) owns or controls, directly or indirectly, any
43	43	interest in a business entity or other organization receiving funds
44	44	from a sheriff's department; or
45	45	(3) uses or receives any amount of tangible goods,
46	46	services, or funds from a sheriff's department.
47	47	(b) A person may not serve as independent ombudsman or as an
48	48	assistant to the independent ombudsman if the person or the
49	49	person's spouse is required to register as a lobbyist under Chapter
50	50	305, Government Code, because of the person's activities for
51	51	compensation on behalf of a profession related to the operation of a
52	52	sheriff's department.
53	53	Sec. 512.052. REPORT. (a) The independent ombudsman shall
54	54	submit on a quarterly basis to the governor, the lieutenant
55	55	governor, each member of the legislature, and the Commission on
56	56	Jail Standards a report that is both aggregated and disaggregated
57	57	by county jail and describes:
58	58	(1) the work of the independent ombudsman under this
59	59	chapter;
60	60	(2) the results of any review or investigation
61	61	undertaken by the independent ombudsman under this chapter; and
62	62	(3) any recommendations that the independent
63	63	ombudsman has in relation to the duties of the independent
64	64	ombudsman under this chapter.
65	65	(b) The independent ombudsman shall immediately report to
66	66	the governor, the lieutenant governor, the speaker of the house of
67	67	representatives, the Commission on Jail Standards, and the
68	68	commissioners court of the applicable county any particularly
69	69	serious or flagrant:
70	70	(1) case of abuse or injury of a prisoner;
71	71	(2) problem concerning the administration of a county
72	72	jail program or operation;
73	73	(3) problem concerning the delivery of services in a
74	74	county jail; or
75	75	(4) interference by a county with an investigation
76	76	conducted by the office under this chapter.
77	77	Sec. 512.053. COMMUNICATION AND CONFIDENTIALITY. (a) The
78	78	sheriff of a county shall allow any prisoner to communicate with the
79	79	independent ombudsman or an assistant to the independent ombudsman.
80	80	The communication:
81	81	(1) may be in person, by mail, or by any other means;
82	82	and
83	83	(2) is confidential and privileged.
84	84	(b) The records of the independent ombudsman under this
85	85	chapter are confidential, except that the independent ombudsman
86	86	shall:
87	87	(1) share a communication made by a prisoner that may
88	88	involve the abuse or neglect of the prisoner with the appropriate
89	89	prosecutor of the county in which the prisoner is confined; and
90	90	(2) disclose its nonprivileged records if required by
91	91	a court order on a showing of good cause.
92	92	(c) The independent ombudsman may make reports relating to
93	93	an investigation under this chapter public after the investigation
94	94	is complete but only if the names of all prisoners, family members,
95	95	and employees are redacted from the report and remain confidential.
96	96	(d) The name, address, or other personally identifiable
97	97	information of a person who files a complaint under this chapter
98	98	with the office, information generated by the office in the course
99	99	of an investigation under this chapter, and confidential records
100	100	obtained by the office are confidential and not subject to
101	101	disclosure under Chapter 552, Government Code, except that the
102	102	information and records, other than confidential information and
103	103	records concerning a pending law enforcement investigation or
104	104	criminal action, may be disclosed to the appropriate person if the
105	105	office determines that disclosure is:
106	106	(1) in the public interest;
107	107	(2) necessary to enable the office to perform the
108	108	responsibilities provided under this section; or
109	109	(3) necessary to identify, prevent, or treat the abuse
110	110	or neglect of a prisoner.
111	111	Sec. 512.054. PROMOTION OF AWARENESS OF OFFICE. The
112	112	independent ombudsman shall promote awareness among the public and
113	113	prisoners of:
114	114	(1) how the office may be contacted;
115	115	(2) the office's purposes under this chapter; and
116	116	(3) the services the office provides under this
117	117	chapter.
118	118	Sec. 512.055. RULEMAKING AUTHORITY. The office shall adopt
119	119	rules necessary to implement Section 512.056, including rules that
120	120	establish procedures for county jails to review and comment on
121	121	reports of the office and for county jails to expedite or eliminate
122	122	review of and comment on a report due to an emergency or a serious or
123	123	flagrant circumstance described by Section 512.052(b).
124	124	Sec. 512.056. REVIEW AND FORMAT OF REPORTS. (a) The office
125	125	shall accept, both before and after publication, comments from a
126	126	county jail concerning the following types of reports published by
127	127	the office under this chapter:
128	128	(1) the office's quarterly report under Section
129	129	512.052(a);
130	130	(2) reports concerning serious or flagrant
131	131	circumstances under Section 512.052(b); and
132	132	(3) any other formal reports containing findings and
133	133	making recommendations concerning systemic issues that affect a
134	134	county jail.
135	135	(b) A county jail or sheriff may not submit comments under
136	136	Subsection (a) after the 30th day after the date the report on which
137	137	the jail or sheriff is commenting is published.
138	138	(c) The office shall ensure that reports described by
139	139	Subsection (a) are in a format to which the county jail or sheriff
140	140	can easily respond.
141	141	(d) After receipt of comments under this section, the office
142	142	is not obligated to change any report or change the manner in which
143	143	the office performs the duties of the office under this chapter.
144	144	SUBCHAPTER C. DUTIES AND POWERS
145	145	Sec. 512.101. DUTIES AND POWERS. (a) Notwithstanding any
146	146	limitation imposed by Section 261.101, Human Resources Code, and in
147	147	addition to the independent ombudsman's duties under that section,
148	148	the independent ombudsman shall:
149	149	(1) review the procedures established by county jails
150	150	and evaluate the delivery of services to prisoners to ensure that
151	151	the rights of prisoners are fully observed;
152	152	(2) review complaints filed with the independent
153	153	ombudsman concerning the actions of a county jail and investigate
154	154	each complaint in which it appears that a prisoner may be in need of
155	155	assistance from the independent ombudsman;
156	156	(3) conduct investigations of complaints, other than
157	157	complaints alleging criminal behavior, if the office determines
158	158	that:
159	159	(A) a prisoner or a prisoner's family may be in
160	160	need of assistance from the office; or
161	161	(B) a systemic issue in a county jail's provision
162	162	of services is raised by a complaint;
163	163	(4) provide assistance to a prisoner or family member
164	164	who the independent ombudsman determines is in need of assistance,
165	165	including advocating with an agency, provider, or other person in
166	166	the best interests of the prisoner;
167	167	(5) recommend changes in any procedure relating to the
168	168	treatment of prisoners;
169	169	(6) make appropriate referrals under any of the duties
170	170	and powers listed in this subsection;
171	171	(7) supervise assistants who are serving as advocates
172	172	in their representation of prisoners in internal administrative and
173	173	disciplinary hearings; and
174	174	(8) immediately report substantiated findings of any
175	175	investigation related to the health or safety of a prisoner to the
176	176	sheriff and commissioners court of the county in which the prisoner
177	177	is confined.
178	178	(b) The independent ombudsman may apprise persons who are
179	179	interested in a prisoner's welfare of the rights of the prisoner.
180	180	(c) To assess if a prisoner's rights have been violated, the
181	181	independent ombudsman may, in any matter that does not involve
182	182	alleged criminal behavior:
183	183	(1) contact or consult with an administrator,
184	184	employee, family member, expert, another prisoner, or any other
185	185	individual in the course of the ombudsman's investigation or to
186	186	secure information; and
187	187	(2) conduct confidential interviews with persons
188	188	described by Subdivision (1), review official documents, files, and
189	189	logs maintained by a county jail, and inspect any part of a county
190	190	jail at any time.
191	191	(d) Notwithstanding any other provision of this chapter,
192	192	the independent ombudsman may not investigate alleged criminal
193	193	behavior.
194	194	Sec. 512.102. TREATMENT OF EMPLOYEES WHO COOPERATE WITH
195	195	INDEPENDENT OMBUDSMAN. (a) A county may not discharge or in any
196	196	manner discriminate or retaliate against an employee who in good
197	197	faith makes a complaint to the office or cooperates with the office
198	198	in an investigation under this chapter.
199	199	(b) The commissioners court of a county shall adopt policies
200	200	to protect from adverse employment action a county employee who in
201	201	good faith makes a complaint to the office or cooperates with the
202	202	office in an investigation under this chapter.
203	203	Sec. 512.103. MEMORANDUM OF UNDERSTANDING. The office and
204	204	the Commission on Jail Standards shall enter into a memorandum of
205	205	understanding concerning:
206	206	(1) the most efficient manner in which to share
207	207	information with one another; and
208	208	(2) opportunities for collaboration between the
209	209	office and the commission.
210	210	SUBCHAPTER D. ACCESS TO INFORMATION
211	211	Sec. 512.151. ACCESS TO INFORMATION OF GOVERNMENTAL
212	212	ENTITIES. (a) A county jail shall allow the independent ombudsman
213	213	access to the jail's records relating to prisoners.
214	214	(b) The Department of Public Safety and any local law
215	215	enforcement agency shall allow the independent ombudsman access to
216	216	its records relating to a prisoner.
217	217	Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
218	218	The independent ombudsman shall have access to the records of a
219	219	private entity that relate to a prisoner.
220	220	SECTION 2. This Act takes effect September 1, 2017.