Texas 2019 - 86th Regular

Texas Senate Bill SB188 Compare Versions

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

Old	New	Differences
1	1	86R1992 JG-D
2	2	By: Miles S.B. No. 188
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) "Facility" means a facility operated by or under
17	17	contract with the department that is used primarily for the
18	18	confinement of offenders.
19	19	(2) "Offender" means an inmate or state jail defendant
20	20	confined in a facility.
21	21	(3) "Office" means the office of independent oversight
22	22	ombudsman.
23	23	(4) "Ombudsman" means the individual appointed under
24	24	this chapter as ombudsman for the office.
25	25	Sec. 512.002. ESTABLISHMENT; PURPOSE. The office is a
26	26	state agency established for the purpose of monitoring the
27	27	conditions of confinement and treatment of offenders and
28	28	investigating, evaluating, and securing the rights of offenders.
29	29	The office is also responsible for in-depth review and analysis of
30	30	data, 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 and the board in the performance of
35	35	the 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 used to develop the
47	47	office's budget structure. The office shall maintain the
48	48	legislative appropriations request and budget structure separately
49	49	from those of the Commission on Jail Standards and the department.
50	50	SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
51	51	Sec. 512.051. APPOINTMENT OF OMBUDSMAN. (a) The governor
52	52	shall appoint the ombudsman with the advice and consent of the
53	53	senate for a term of four years. The ombudsman may be removed by the
54	54	governor only for good cause.
55	55	(b) A person may not serve as ombudsman for more than two
56	56	terms.
57	57	Sec. 512.052. ASSISTANTS. The ombudsman may appoint
58	58	assistants to perform, under the direction of the ombudsman, the
59	59	same duties and exercise the same powers as the ombudsman.
60	60	Sec. 512.053. CONFLICT OF INTEREST. (a) A person may not
61	61	serve as ombudsman or as an assistant ombudsman if the person or the
62	62	person's spouse:
63	63	(1) is employed by or participates in the management
64	64	of a business entity or other organization receiving funds from the
65	65	department or the office or was employed by or participated in the
66	66	management of such an entity or organization in the five years
67	67	preceding the date of the person's appointment;
68	68	(2) owns or controls, directly or indirectly, any
69	69	interest in a business entity or other organization receiving funds
70	70	from the department or the office;
71	71	(3) uses or receives any amount of tangible goods,
72	72	services, or funds from the department or the office; or
73	73	(4) is an officer, employee, manager, or paid
74	74	consultant of the department.
75	75	(b) A person may not serve as ombudsman or as an assistant
76	76	ombudsman if the person or the person's spouse is required to
77	77	register as a lobbyist under Chapter 305 because of the person's
78	78	activities for compensation on behalf of a profession related to
79	79	the operation of the department or the office.
80	80	(c) A person may not serve as ombudsman or as an assistant
81	81	ombudsman if the person or the person's spouse is an officer,
82	82	employee, manager, or paid consultant of a Texas trade association
83	83	in the field of criminal or juvenile justice.
84	84	(d) In this section, "Texas trade association" means a
85	85	nonprofit, cooperative, and voluntarily joined association of
86	86	business or professional competitors in this state designed to
87	87	assist its members and its industry or profession in dealing with
88	88	mutual business or professional problems and in promoting their
89	89	common interest.
90	90	Sec. 512.054. REPORT. (a) The ombudsman shall prepare and
91	91	submit to the governor, the lieutenant governor, the state auditor,
92	92	and each member of the legislature:
93	93	(1) periodic reports that evaluate any current issues
94	94	at individual facilities; and
95	95	(2) an annual report that is both aggregated and
96	96	disaggregated by individual facility and describes:
97	97	(A) the work of the ombudsman and office;
98	98	(B) the results of any review or investigation
99	99	undertaken by the ombudsman, including any review or investigation
100	100	of services contracted by the department; and
101	101	(C) any recommendations that the ombudsman has
102	102	regarding:
103	103	(i) the duties of the ombudsman; or
104	104	(ii) the operations of the department.
105	105	(b) The ombudsman shall immediately report to the executive
106	106	director or the executive director's designee, the governor, the
107	107	lieutenant governor, the speaker of the house of representatives,
108	108	the state auditor, and the office of the inspector general of the
109	109	department any particularly serious or flagrant:
110	110	(1) case of abuse or injury of an offender;
111	111	(2) problem concerning the administration of a
112	112	department program or operation;
113	113	(3) problem concerning the delivery of services in a
114	114	facility; or
115	115	(4) interference by the department with an
116	116	investigation conducted by the office.
117	117	(c) The department shall develop a corrective action plan to
118	118	specifically address any recommendation made by the ombudsman in a
119	119	report submitted under this section.
120	120	(d) The ombudsman shall make public each report submitted
121	121	and corrective action plan developed under this section.
122	122	Sec. 512.055. COMMUNICATION AND CONFIDENTIALITY. (a) The
123	123	department shall establish procedures allowing any offender or
124	124	facility administrator or employee to communicate with the
125	125	ombudsman or an assistant ombudsman regarding a power or duty of the
126	126	ombudsman or office. The communication:
127	127	(1) may be in person, by mail, or by any other means;
128	128	and
129	129	(2) is confidential and privileged.
130	130	(b) The records of the ombudsman are confidential, except
131	131	that the ombudsman shall:
132	132	(1) share with the office of inspector general of the
133	133	department a communication with an offender that may involve abuse
134	134	or neglect; and
135	135	(2) disclose the ombudsman's nonprivileged records if
136	136	required by a court order on a showing of good cause.
137	137	(c) The ombudsman may make public any report relating to an
138	138	investigation after the investigation is complete, except that the
139	139	names of all offenders, family members, and employees remain
140	140	confidential and must be redacted before the report is made public.
141	141	(d) The name, address, and other personally identifiable
142	142	information of a person who files a complaint with the office,
143	143	information generated by the office in the course of an
144	144	investigation, and confidential records obtained by the office are
145	145	confidential and not subject to disclosure under Chapter 552,
146	146	except that the information and records, other than confidential
147	147	information and records concerning a pending law enforcement
148	148	investigation or criminal action, may be disclosed to an
149	149	appropriate person if the office determines that disclosure is:
150	150	(1) in the public interest;
151	151	(2) necessary to enable the office or ombudsman to
152	152	perform a duty under this chapter; or
153	153	(3) necessary to identify, prevent, or treat physical
154	154	or sexual assault or neglect of an offender.
155	155	Sec. 512.056. PROMOTION OF AWARENESS. The ombudsman shall
156	156	promote awareness among the department, the public, and offenders
157	157	regarding:
158	158	(1) how the office may be contacted;
159	159	(2) the purpose of the office; and
160	160	(3) the services the office provides.
161	161	Sec. 512.057. RULEMAKING AUTHORITY. The office by rule
162	162	shall establish policies and procedures for the operations of the
163	163	office.
164	164	Sec. 512.058. AUTHORITY OF STATE AUDITOR. The office is
165	165	subject to audit by the state auditor in accordance with Chapter
166	166	321.
167	167	SUBCHAPTER C. POWERS AND DUTIES
168	168	Sec. 512.101. POWERS AND DUTIES. (a) The ombudsman shall:
169	169	(1) review the procedures established by the
170	170	department and evaluate the delivery of services to offenders to
171	171	identify alternate procedures or services that would optimize the
172	172	use of state resources while ensuring that the rights of offenders
173	173	are fully observed;
174	174	(2) review complaints concerning actions of the
175	175	department;
176	176	(3) conduct investigations of complaints and review
177	177	criminal investigations conducted by the office of the inspector
178	178	general of the department if the ombudsman determines that:
179	179	(A) an offender or an offender's family may be in
180	180	need of assistance from the ombudsman; or
181	181	(B) a pattern of complaints exists suggesting
182	182	that an issue affects more than one offender;
183	183	(4) conduct audits to ensure compliance with the
184	184	Prison Rape Elimination Act of 2003 (34 U.S.C. Section 30301 et
185	185	seq.) and any regulation adopted under that act;
186	186	(5) review or inspect periodically the facilities and
187	187	procedures of any institution or residence in which an offender has
188	188	been placed by the department, whether public or private, to ensure
189	189	that the rights of offenders are fully observed;
190	190	(6) provide assistance to an offender or family member
191	191	who the ombudsman determines is in need of assistance, including
192	192	advocating with an agency, provider, or other person in the best
193	193	interests of the offender;
194	194	(7) review court orders as necessary to fulfill the
195	195	ombudsman's duties;
196	196	(8) recommend changes in any procedure relating to the
197	197	treatment of offenders;
198	198	(9) make appropriate referrals under any of the powers
199	199	and duties listed in this subsection; and
200	200	(10) supervise an assistant ombudsman in the
201	201	assistant's representation of offenders in internal administrative
202	202	and disciplinary hearings.
203	203	(b) The ombudsman may inform persons who are interested in
204	204	an offender's welfare of the rights of the offender.
205	205	(c) To determine if an offender's rights have been violated,
206	206	the ombudsman may, in any matter that does not involve alleged
207	207	criminal behavior, contact or consult with an administrator, an
208	208	employee, a family member, an expert, another offender, or any
209	209	other individual in the course of the ombudsman's investigation or
210	210	to secure information.
211	211	(d) Notwithstanding any other provision of this chapter,
212	212	the ombudsman may not investigate alleged criminal behavior, except
213	213	that the ombudsman may review, in accordance with Subsection
214	214	(a)(3), a criminal investigation conducted by the office of the
215	215	inspector general of the department to ensure that the
216	216	investigation was conducted in an accurate, unbiased, and thorough
217	217	manner.
218	218	(e) The office may contract with subject matter experts as
219	219	necessary to carry out a duty under this chapter.
220	220	Sec. 512.102. RETALIATION PROHIBITED. The department may
221	221	not:
222	222	(1) discharge, discipline, or in any manner
223	223	discriminate or retaliate against an employee who makes a good
224	224	faith complaint to the office or cooperates with an investigation
225	225	under this chapter; or
226	226	(2) discipline or in any manner discriminate or
227	227	retaliate against an offender who complains to or communicates or
228	228	cooperates with the office in the course of the office carrying out
229	229	its duties.
230	230	Sec. 512.103. TRAINING. The ombudsman may attend training
231	231	sessions for correctional officers or participate in other
232	232	appropriate professional training.
233	233	SUBCHAPTER D. ACCESS TO INFORMATION, FACILITIES, AND PERSONNEL
234	234	Sec. 512.151. ACCESS TO INFORMATION OF CERTAIN GOVERNMENTAL
235	235	ENTITIES. (a) The department shall allow the ombudsman access to
236	236	the department's records relating to an offender or investigation.
237	237	(b) The Department of Public Safety and any local law
238	238	enforcement agency shall allow the ombudsman access to their
239	239	records relating to any offender.
240	240	(c) In allowing access to records under this section, the
241	241	department, the Department of Public Safety, or a local law
242	242	enforcement agency shall fully cooperate and collaborate with the
243	243	office in a prompt manner in order for the office to carry out its
244	244	duties and improve facility operations and conditions.
245	245	Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
246	246	The ombudsman may subpoena the records of a private entity that
247	247	relate to a complaint the ombudsman is investigating.
248	248	Sec. 512.153. ACCESS TO FACILITIES AND PERSONNEL. (a) The
249	249	office may inspect or review without notice any part of a facility
250	250	or any facility operation, policy, or procedure, including any
251	251	operation, policy, or procedure relating to:
252	252	(1) a condition of confinement;
253	253	(2) offender discipline and the use of force against
254	254	offenders;
255	255	(3) an incident of assault or sexual assault;
256	256	(4) death of or serious bodily injury to an offender;
257	257	(5) the provision of health care, including mental
258	258	health care;
259	259	(6) the offender grievance process;
260	260	(7) a telephone, mail, or visitation policy;
261	261	(8) a rehabilitation, reentry, or reintegration
262	262	program; and
263	263	(9) employee recruitment, training, supervision, or
264	264	discipline.
265	265	(b) In conducting an investigation, the office may:
266	266	(1) interview offenders and facility administrators
267	267	or employees;
268	268	(2) hold public hearings; and
269	269	(3) issue a subpoena to compel the attendance of a
270	270	relevant witness or the production of relevant records or
271	271	documents.
272	272	SUBCHAPTER E. ADVISORY BOARD
273	273	Sec. 512.201. CREATION AND COMPOSITION OF ADVISORY BOARD.
274	274	(a) An advisory board is created to advise the office in carrying
275	275	out the office's duties under this chapter.
276	276	(b) The advisory board is composed of the following members:
277	277	(1) three members appointed by the governor;
278	278	(2) three members appointed by the chair of the
279	279	standing committee of the house of representatives having primary
280	280	jurisdiction over the department;
281	281	(3) three members appointed by the chair of the
282	282	standing committee of the senate having primary jurisdiction over
283	283	the department;
284	284	(4) one member appointed by the primary author of the
285	285	legislation enacting this chapter, but only if the author continues
286	286	to be a member of the legislature; and
287	287	(5) one member appointed by the primary sponsor of the
288	288	legislation enacting this chapter, but only if the sponsor
289	289	continues to be a member of the legislature.
290	290	(c) The members appointed under Subsection (b) must
291	291	include:
292	292	(1) one member who is a family member of an offender or
293	293	a former offender;
294	294	(2) one member who is a health care professional;
295	295	(3) one member who is a social worker;
296	296	(4) one member with expertise in administrative or
297	297	criminal investigations;
298	298	(5) one member with expertise in sexual assault victim
299	299	advocacy;
300	300	(6) one member with expertise in occupational safety
301	301	and health; and
302	302	(7) one member with expertise in research and data
303	303	analysis.
304	304	(d) Chapter 2110 does not apply to the composition or
305	305	duration of the advisory board.
306	306	SECTION 2. As soon as practicable after the effective date
307	307	of this Act, the governor shall appoint an initial ombudsman under
308	308	Chapter 512, Government Code, as added by this Act, to a term
309	309	expiring February 1, 2023.
310	310	SECTION 3. This Act takes effect September 1, 2019.