Texas 2017 - 85th Regular

Texas Senate Bill SB485 Compare Versions

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

Old	New	Differences
1	1	85R3070 JG-D
2	2	By: Miles S.B. No. 485
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the office of independent oversight
8	8	ombudsman for the Texas Department of Criminal Justice.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle G, Title 4, Government Code, is amended
11	11	by adding Chapter 512 to read as follows:
12	12	CHAPTER 512. OFFICE OF INDEPENDENT OVERSIGHT OMBUDSMAN FOR TEXAS
13	13	DEPARTMENT OF CRIMINAL JUSTICE
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 512.001. DEFINITIONS. In this chapter:
16	16	(1) "Offender" means:
17	17	(A) an inmate or state jail defendant confined in
18	18	a facility operated by or under contract with the department; or
19	19	(B) a person under supervision of the department
20	20	following the person's release on parole or to mandatory
21	21	supervision.
22	22	(2) "Office" means the office of independent oversight
23	23	ombudsman.
24	24	(3) "Ombudsman" means the individual appointed under
25	25	this chapter as ombudsman for the office.
26	26	Sec. 512.002. ESTABLISHMENT; PURPOSE. The office is a
27	27	state agency established for the purpose of investigating,
28	28	evaluating, and securing the rights of offenders. The office is
29	29	also responsible for in-depth review and analysis of data,
30	30	determination of long-term needs, identification of critical
31	31	issues and corresponding solutions, and assessment of the efficacy
32	32	of existing programs.
33	33	Sec. 512.003. INDEPENDENCE. The ombudsman acts
34	34	independently of the department in the performance of the
35	35	ombudsman's powers and duties under this chapter.
36	36	Sec. 512.004. ADMINISTRATIVE ATTACHMENT; SUPPORT; BUDGET.
37	37	(a) The office is administratively attached to the Commission on
38	38	Jail Standards.
39	39	(b) The Commission on Jail Standards shall provide office
40	40	space and administrative support services, including human
41	41	resources, budgetary, accounting, purchasing, payroll, information
42	42	technology, and legal support services, to the office as necessary
43	43	to carry out the purposes of this chapter.
44	44	(c) The office, in accordance with the rules and procedures
45	45	of the Legislative Budget Board, shall prepare, approve, and submit
46	46	a legislative appropriations request that is separate from the
47	47	legislative appropriations requests for the Commission on Jail
48	48	Standards and the department and that is used to develop the
49	49	office's budget structure. The office shall maintain the
50	50	legislative appropriations request and budget structure separately
51	51	from those of the Commission on Jail Standards and the department.
52	52	SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
53	53	Sec. 512.051. APPOINTMENT OF OMBUDSMAN. (a) The governor
54	54	shall appoint the ombudsman with the advice and consent of the
55	55	senate for a term of two years, expiring February 1 of each
56	56	odd-numbered year.
57	57	(b) A person appointed as ombudsman is eligible for
58	58	reappointment, provided that the person may not serve more than
59	59	three terms in that capacity.
60	60	Sec. 512.052. ASSISTANTS. The ombudsman may appoint
61	61	assistants to perform, under the direction of the ombudsman, the
62	62	same duties and exercise the same powers as the ombudsman.
63	63	Sec. 512.053. CONFLICT OF INTEREST. (a) A person may not
64	64	serve as ombudsman or as an assistant ombudsman if the person or the
65	65	person's spouse:
66	66	(1) is employed by or participates in the management
67	67	of a business entity or other organization receiving funds from the
68	68	department or the office;
69	69	(2) owns or controls, directly or indirectly, any
70	70	interest in a business entity or other organization receiving funds
71	71	from the department or the office; or
72	72	(3) uses or receives any amount of tangible goods,
73	73	services, or funds from the department or the office.
74	74	(b) A person may not serve as ombudsman or as an assistant
75	75	ombudsman if the person or the person's spouse is required to
76	76	register as a lobbyist under Chapter 305 because of the person's
77	77	activities for compensation on behalf of a profession related to
78	78	the operation of the department or the office.
79	79	(c) A person may not serve as ombudsman or as an assistant
80	80	ombudsman if the person or the person's spouse is an officer,
81	81	employee, manager, or paid consultant of a Texas trade association
82	82	in the field of criminal or juvenile justice.
83	83	(d) In this section, "Texas trade association" means a
84	84	nonprofit, cooperative, and voluntarily joined association of
85	85	business or professional competitors in this state designed to
86	86	assist its members and its industry or profession in dealing with
87	87	mutual business or professional problems and in promoting their
88	88	common interest.
89	89	Sec. 512.054. REPORT. (a) The ombudsman shall submit a
90	90	quarterly report to the governor, the lieutenant governor, the
91	91	state auditor, and each member of the legislature that is both
92	92	aggregated and disaggregated by individual facility and describes:
93	93	(1) the work of the ombudsman and office;
94	94	(2) the results of any review or investigation
95	95	undertaken by the ombudsman, including any review or investigation
96	96	of services contracted by the department; and
97	97	(3) any recommendations that the ombudsman has
98	98	regarding:
99	99	(A) the duties of the ombudsman; or
100	100	(B) the operations of the department.
101	101	(b) The ombudsman shall immediately report to the governor,
102	102	the lieutenant governor, the speaker of the house of
103	103	representatives, the state auditor, and the office of the inspector
104	104	general of the department any particularly serious or flagrant:
105	105	(1) case of abuse or injury of an offender;
106	106	(2) problem concerning the administration of a
107	107	department program or operation;
108	108	(3) problem concerning the delivery of services in a
109	109	facility operated by or under contract with the department; or
110	110	(4) interference by the department with an
111	111	investigation conducted by the office.
112	112	Sec. 512.055. COMMUNICATION AND CONFIDENTIALITY. (a) The
113	113	department shall allow any offender to communicate with the
114	114	ombudsman or an assistant ombudsman. The communication:
115	115	(1) may be in person, by mail, or by any other means;
116	116	and
117	117	(2) is confidential and privileged.
118	118	(b) The records of the ombudsman are confidential, except
119	119	that the ombudsman shall:
120	120	(1) share with the office of inspector general of the
121	121	department a communication with an offender that may involve abuse
122	122	or neglect; and
123	123	(2) disclose the ombudsman's nonprivileged records if
124	124	required by a court order on a showing of good cause.
125	125	(c) The ombudsman may make public any report relating to an
126	126	investigation after the investigation is complete, except that the
127	127	names of all offenders, family members, and employees remain
128	128	confidential and must be redacted before the report is made public.
129	129	(d) The name, address, and other personally identifiable
130	130	information of a person who files a complaint with the office,
131	131	information generated by the office in the course of an
132	132	investigation, and confidential records obtained by the office are
133	133	confidential and not subject to disclosure under Chapter 552,
134	134	except that the information and records, other than confidential
135	135	information and records concerning a pending law enforcement
136	136	investigation or criminal action, may be disclosed to an
137	137	appropriate person if the office determines that disclosure is:
138	138	(1) in the public interest;
139	139	(2) necessary to enable the office or ombudsman to
140	140	perform a duty under this chapter; or
141	141	(3) necessary to identify, prevent, or treat physical
142	142	or sexual assault or neglect of an offender.
143	143	Sec. 512.056. PROMOTION OF AWARENESS. The ombudsman shall
144	144	promote awareness among the public and offenders regarding:
145	145	(1) how the office may be contacted;
146	146	(2) the purpose of the office; and
147	147	(3) the services the office provides.
148	148	Sec. 512.057. RULEMAKING AUTHORITY. The office by rule
149	149	shall establish policies and procedures for the operations of the
150	150	office.
151	151	Sec. 512.058. AUTHORITY OF STATE AUDITOR. The office is
152	152	subject to audit by the state auditor in accordance with Chapter
153	153	321.
154	154	SUBCHAPTER C. POWERS AND DUTIES
155	155	Sec. 512.101. POWERS AND DUTIES. (a) The ombudsman shall:
156	156	(1) review the procedures established by the
157	157	department and evaluate the delivery of services to offenders to
158	158	ensure that the rights of offenders are fully observed;
159	159	(2) review complaints filed with the office concerning
160	160	the actions of the department and investigate each complaint in
161	161	which it appears that an offender may be in need of assistance from
162	162	the ombudsman;
163	163	(3) conduct investigations of complaints, other than
164	164	complaints alleging criminal behavior, if the ombudsman determines
165	165	that:
166	166	(A) an offender or an offender's family may be in
167	167	need of assistance from the ombudsman; or
168	168	(B) a systemic issue in the department's
169	169	provision of services is raised by a complaint;
170	170	(4) conduct audits to ensure compliance with the
171	171	Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601 et
172	172	seq.) and any regulation adopted under that act, including 28
173	173	C.F.R. Part 115;
174	174	(5) review or inspect periodically the facilities and
175	175	procedures of any institution or residence in which an offender has
176	176	been placed by the department, whether public or private, to ensure
177	177	that the rights of offenders are fully observed;
178	178	(6) provide assistance to an offender or family member
179	179	who the ombudsman determines is in need of assistance, including
180	180	advocating with an agency, provider, or other person in the best
181	181	interests of the offender;
182	182	(7) review court orders as necessary to fulfill the
183	183	ombudsman's duties;
184	184	(8) recommend changes in any procedure relating to the
185	185	treatment of offenders;
186	186	(9) make appropriate referrals under any of the powers
187	187	and duties listed in this subsection; and
188	188	(10) supervise an assistant ombudsman in the
189	189	assistant's representation of offenders in internal administrative
190	190	and disciplinary hearings.
191	191	(b) The ombudsman may inform persons who are interested in
192	192	an offender's welfare of the rights of the offender.
193	193	(c) To determine if an offender's rights have been violated,
194	194	the ombudsman may, in any matter that does not involve alleged
195	195	criminal behavior, contact or consult with an administrator, an
196	196	employee, a family member, an expert, another offender, or any
197	197	other individual in the course of the ombudsman's investigation or
198	198	to secure information.
199	199	(d) Notwithstanding any other provision of this chapter,
200	200	the ombudsman may not investigate alleged criminal behavior.
201	201	Sec. 512.102. RETALIATION PROHIBITED. The department may
202	202	not discharge or in any manner discriminate or retaliate against an
203	203	employee who makes a good faith complaint to the office or
204	204	cooperates with an investigation under this chapter.
205	205	Sec. 512.103. TRAINING. The ombudsman shall attend annual
206	206	training sessions, including any required training for
207	207	correctional officers, and may participate in other appropriate
208	208	professional training.
209	209	SUBCHAPTER D. ACCESS TO INFORMATION
210	210	Sec. 512.151. ACCESS TO INFORMATION OF CERTAIN GOVERNMENTAL
211	211	ENTITIES. (a) The department shall allow the ombudsman access to
212	212	the department's records relating to offenders.
213	213	(b) The Department of Public Safety and any local law
214	214	enforcement agency shall allow the ombudsman access to their
215	215	records relating to any offender.
216	216	Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
217	217	The ombudsman may subpoena the records of a private entity that
218	218	relate to a complaint the ombudsman is investigating.
219	219	SECTION 2. As soon as practicable after the appointment of
220	220	the ombudsman under Section 512.051, Government Code, as added by
221	221	this Act, the ombudsman and the Texas Department of Criminal
222	222	Justice shall enter into a memorandum of understanding to provide
223	223	for the orderly transfer of certain duties, functions, programs,
224	224	and activities of the department to the office of independent
225	225	oversight ombudsman as necessary for the office to fulfill the
226	226	office's duties under Chapter 512, Government Code, as added by
227	227	this Act. The memorandum must provide for the transfer to the
228	228	office of:
229	229	(1) any funds appropriated to the department for the
230	230	fiscal biennium ending August 31, 2019, specifically for a purpose,
231	231	function, or duty that will be transferred to or performed by the
232	232	office; and
233	233	(2) the exclusive authority to address Step 2
234	234	grievances, as identified under the department's Offender
235	235	Grievance Program as that program existed immediately before the
236	236	effective date of this Act.
237	237	SECTION 3. This Act takes effect September 1, 2017.