85R3070 JG-D
By: Miles S.B. No. 485
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the office of independent oversight
ombudsman for the Texas Department of Criminal Justice.
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. OFFICE OF INDEPENDENT OVERSIGHT OMBUDSMAN FOR TEXAS
DEPARTMENT OF CRIMINAL JUSTICE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 512.001. DEFINITIONS. In this chapter:
(1) "Offender" means:
(A) an inmate or state jail defendant confined in
a facility operated by or under contract with the department; or
(B) a person under supervision of the department
following the person's release on parole or to mandatory
supervision.
(2) "Office" means the office of independent oversight
ombudsman.
(3) "Ombudsman" means the individual appointed under
this chapter as ombudsman for the office.
Sec. 512.002. ESTABLISHMENT; PURPOSE. The office is a
state agency established for the purpose of investigating,
evaluating, and securing the rights of offenders. The office is
also responsible for in-depth review and analysis of data,
determination of long-term needs, identification of critical
issues and corresponding solutions, and assessment of the efficacy
of existing programs.
Sec. 512.003. INDEPENDENCE. The ombudsman acts
independently of the department in the performance of the
ombudsman's powers and duties under this chapter.
Sec. 512.004. ADMINISTRATIVE ATTACHMENT; SUPPORT; BUDGET.
(a) The office is administratively attached to the Commission on
Jail Standards.
(b) The Commission on Jail Standards shall provide office
space and administrative support services, including human
resources, budgetary, accounting, purchasing, payroll, information
technology, and legal support services, to the office as necessary
to carry out the purposes of this chapter.
(c) The office, in accordance with the rules and procedures
of the Legislative Budget Board, shall prepare, approve, and submit
a legislative appropriations request that is separate from the
legislative appropriations requests for the Commission on Jail
Standards and the department and that is used to develop the
office's budget structure. The office shall maintain the
legislative appropriations request and budget structure separately
from those of the Commission on Jail Standards and the department.
SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
Sec. 512.051. APPOINTMENT OF OMBUDSMAN. (a) The governor
shall appoint the ombudsman with the advice and consent of the
senate for a term of two years, expiring February 1 of each
odd-numbered year.
(b) A person appointed as ombudsman is eligible for
reappointment, provided that the person may not serve more than
three terms in that capacity.
Sec. 512.052. ASSISTANTS. The ombudsman may appoint
assistants to perform, under the direction of the ombudsman, the
same duties and exercise the same powers as the ombudsman.
Sec. 512.053. CONFLICT OF INTEREST. (a) A person may not
serve as ombudsman or as an assistant 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 the
department or the office;
(2) owns or controls, directly or indirectly, any
interest in a business entity or other organization receiving funds
from the department or the office; or
(3) uses or receives any amount of tangible goods,
services, or funds from the department or the office.
(b) A person may not serve as ombudsman or as an assistant
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 the department or the office.
(c) A person may not serve as ombudsman or as an assistant
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) In this section, "Texas trade association" means 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. 512.054. REPORT. (a) The ombudsman shall submit a
quarterly report to the governor, the lieutenant governor, the
state auditor, and each member of the legislature that is both
aggregated and disaggregated by individual facility and describes:
(1) the work of the ombudsman and office;
(2) the results of any review or investigation
undertaken by the ombudsman, including any review or investigation
of services contracted by the department; and
(3) any recommendations that the ombudsman has
regarding:
(A) the duties of the ombudsman; or
(B) the operations of the department.
(b) The ombudsman shall immediately report to the governor,
the lieutenant governor, the speaker of the house of
representatives, the state auditor, and the office of the inspector
general of the department any particularly serious or flagrant:
(1) case of abuse or injury of an offender;
(2) problem concerning the administration of a
department program or operation;
(3) problem concerning the delivery of services in a
facility operated by or under contract with the department; or
(4) interference by the department with an
investigation conducted by the office.
Sec. 512.055. COMMUNICATION AND CONFIDENTIALITY. (a) The
department shall allow any offender to communicate with the
ombudsman or an assistant 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 ombudsman are confidential, except
that the ombudsman shall:
(1) share with the office of inspector general of the
department a communication with an offender that may involve abuse
or neglect; and
(2) disclose the ombudsman's nonprivileged records if
required by a court order on a showing of good cause.
(c) The ombudsman may make public any report relating to an
investigation after the investigation is complete, except that the
names of all offenders, family members, and employees remain
confidential and must be redacted before the report is made public.
(d) The name, address, and 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 an
appropriate person if the office determines that disclosure is:
(1) in the public interest;
(2) necessary to enable the office or ombudsman to
perform a duty under this chapter; or
(3) necessary to identify, prevent, or treat physical
or sexual assault or neglect of an offender.
Sec. 512.056. PROMOTION OF AWARENESS. The ombudsman shall
promote awareness among the public and offenders regarding:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
Sec. 512.057. RULEMAKING AUTHORITY. The office by rule
shall establish policies and procedures for the operations of the
office.
Sec. 512.058. AUTHORITY OF STATE AUDITOR. The office is
subject to audit by the state auditor in accordance with Chapter
321.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 512.101. POWERS AND DUTIES. (a) The ombudsman shall:
(1) review the procedures established by the
department and evaluate the delivery of services to offenders to
ensure that the rights of offenders are fully observed;
(2) review complaints filed with the office concerning
the actions of the department and investigate each complaint in
which it appears that an offender may be in need of assistance from
the ombudsman;
(3) conduct investigations of complaints, other than
complaints alleging criminal behavior, if the ombudsman determines
that:
(A) an offender or an offender's family may be in
need of assistance from the ombudsman; or
(B) a systemic issue in the department's
provision of services is raised by a complaint;
(4) conduct audits to ensure compliance with the
Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601 et
seq.) and any regulation adopted under that act, including 28
C.F.R. Part 115;
(5) review or inspect periodically the facilities and
procedures of any institution or residence in which an offender has
been placed by the department, whether public or private, to ensure
that the rights of offenders are fully observed;
(6) provide assistance to an offender or family member
who the ombudsman determines is in need of assistance, including
advocating with an agency, provider, or other person in the best
interests of the offender;
(7) review court orders as necessary to fulfill the
ombudsman's duties;
(8) recommend changes in any procedure relating to the
treatment of offenders;
(9) make appropriate referrals under any of the powers
and duties listed in this subsection; and
(10) supervise an assistant ombudsman in the
assistant's representation of offenders in internal administrative
and disciplinary hearings.
(b) The ombudsman may inform persons who are interested in
an offender's welfare of the rights of the offender.
(c) To determine if an offender's rights have been violated,
the ombudsman may, in any matter that does not involve alleged
criminal behavior, contact or consult with an administrator, an
employee, a family member, an expert, another offender, or any
other individual in the course of the ombudsman's investigation or
to secure information.
(d) Notwithstanding any other provision of this chapter,
the ombudsman may not investigate alleged criminal behavior.
Sec. 512.102. RETALIATION PROHIBITED. The department may
not discharge or in any manner discriminate or retaliate against an
employee who makes a good faith complaint to the office or
cooperates with an investigation under this chapter.
Sec. 512.103. TRAINING. The ombudsman shall attend annual
training sessions, including any required training for
correctional officers, and may participate in other appropriate
professional training.
SUBCHAPTER D. ACCESS TO INFORMATION
Sec. 512.151. ACCESS TO INFORMATION OF CERTAIN GOVERNMENTAL
ENTITIES. (a) The department shall allow the ombudsman access to
the department's records relating to offenders.
(b) The Department of Public Safety and any local law
enforcement agency shall allow the ombudsman access to their
records relating to any offender.
Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
The ombudsman may subpoena the records of a private entity that
relate to a complaint the ombudsman is investigating.
SECTION 2. As soon as practicable after the appointment of
the ombudsman under Section 512.051, Government Code, as added by
this Act, the ombudsman and the Texas Department of Criminal
Justice shall enter into a memorandum of understanding to provide
for the orderly transfer of certain duties, functions, programs,
and activities of the department to the office of independent
oversight ombudsman as necessary for the office to fulfill the
office's duties under Chapter 512, Government Code, as added by
this Act. The memorandum must provide for the transfer to the
office of:
(1) any funds appropriated to the department for the
fiscal biennium ending August 31, 2019, specifically for a purpose,
function, or duty that will be transferred to or performed by the
office; and
(2) the exclusive authority to address Step 2
grievances, as identified under the department's Offender
Grievance Program as that program existed immediately before the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.