Texas 2023 - 88th Regular

Texas Senate Bill SB1386 Compare Versions

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1	1	88R2268 MCF-F
2	2	By: Miles S.B. No. 1386
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,
28	28	investigating, evaluating, and securing the rights of offenders,
29	29	and assisting the department in improving its operations. The
30	30	office is also responsible for conducting in-depth reviews and
31	31	analyses of data, determining long-term needs, identifying
32	32	critical issues facing the department and corresponding solutions
33	33	to those issues, investigating significant group disturbances and
34	34	critical incidents, and assessing the efficacy of existing
35	35	programs.
36	36	Sec. 512.003. INDEPENDENCE. (a) The ombudsman acts
37	37	independently of the department and the board in the performance of
38	38	the ombudsman's powers and duties under this chapter.
39	39	(b) Funding for the office is appropriated separately from
40	40	funding for the department.
41	41	SUBCHAPTER B. ADMINISTRATION OF OFFICE
42	42	Sec. 512.051. APPOINTMENT OF OMBUDSMAN. (a) The governor
43	43	shall appoint, with the advice and consent of the senate, a person
44	44	to serve as ombudsman from a list of persons recommended by the
45	45	chair of each standing committee of the legislature having primary
46	46	jurisdiction over the department.
47	47	(b) The ombudsman serves a four-year term and may be removed
48	48	by the governor only for good cause.
49	49	(c) A person may not serve as ombudsman for more than two
50	50	terms.
51	51	Sec. 512.052. ASSISTANTS. The ombudsman may appoint
52	52	assistants to perform, under the direction of the ombudsman, the
53	53	same duties and to exercise the same powers as the ombudsman.
54	54	Sec. 512.053. CONFLICT OF INTEREST. (a) In this section,
55	55	"Texas trade association" means a cooperative and voluntarily
56	56	joined association of business or professional competitors in this
57	57	state designed to assist its members and its industry or profession
58	58	in dealing with mutual business or professional problems and in
59	59	promoting their common interest.
60	60	(b) A person may not serve as ombudsman or as an assistant
61	61	ombudsman if the person or the person's spouse:
62	62	(1) is employed by or participates in the management
63	63	of a business entity or other organization receiving funds from the
64	64	department or the office or was employed by or participated in the
65	65	management of such an entity or organization in the five years
66	66	preceding the date of the person's appointment;
67	67	(2) owns or controls, directly or indirectly, any
68	68	interest in a business entity or other organization receiving funds
69	69	from the department or the office;
70	70	(3) uses or receives any amount of tangible goods,
71	71	services, or funds from the department or the office;
72	72	(4) is an officer, employee, manager, or paid
73	73	consultant of the department or was an officer, employee, manager,
74	74	or paid consultant of the department in the five years preceding the
75	75	date of the person's appointment;
76	76	(5) is required to register as a lobbyist under
77	77	Chapter 305 because of the person's activities for compensation on
78	78	behalf of a profession related to the operation of the department or
79	79	the office; or
80	80	(6) is an officer, employee, manager, or paid
81	81	consultant of a Texas trade association in the field of criminal or
82	82	juvenile justice.
83	83	Sec. 512.054. REPORT. (a) The ombudsman shall prepare and
84	84	submit to the governor, the lieutenant governor, the state auditor,
85	85	and each member of the legislature:
86	86	(1) periodic reports that evaluate systemic issues
87	87	affecting the department and any current issues at individual
88	88	facilities; and
89	89	(2) an annual report that is both aggregated and
90	90	disaggregated by individual facility and describes:
91	91	(A) the work of the ombudsman and office;
92	92	(B) the results of any review or investigation
93	93	undertaken by the ombudsman, including any review or investigation
94	94	of services contracted by the department; and
95	95	(C) any recommendations that the ombudsman has
96	96	regarding:
97	97	(i) the duties of the ombudsman; or
98	98	(ii) the operations of the department.
99	99	(b) The ombudsman shall immediately report to the executive
100	100	director, or the executive director's designee, and to the
101	101	governor, the lieutenant governor, the speaker of the house of
102	102	representatives, the state auditor, and the office of the inspector
103	103	general of the department any particularly serious or flagrant:
104	104	(1) confirmed case of abuse or injury of an offender;
105	105	(2) problem concerning the administration of a
106	106	department program or operation;
107	107	(3) problem concerning the delivery of services in a
108	108	facility;
109	109	(4) interference by the department with an
110	110	investigation conducted by the office; or
111	111	(5) confirmed outbreak of a communicable disease as
112	112	defined by Section 81.003, Health and Safety Code.
113	113	(c) In response to any recommendation made by the ombudsman
114	114	in a report submitted under this section, the department shall:
115	115	(1) develop a corrective action plan to specifically
116	116	address the recommendation; or
117	117	(2) submit to the ombudsman a written objection to the
118	118	recommendation that includes the reasons for the objection.
119	119	(d) The ombudsman shall publish on the office's Internet
120	120	website each:
121	121	(1) report submitted under this section;
122	122	(2) corrective action plan developed under Subsection
123	123	(c)(1); and
124	124	(3) objection submitted under Subsection (c)(2).
125	125	Sec. 512.055. COMMUNICATION AND CONFIDENTIALITY. (a) The
126	126	department shall establish procedures allowing any offender or
127	127	facility administrator or employee to communicate with the
128	128	ombudsman or an assistant ombudsman regarding a power or duty of the
129	129	ombudsman or office. The communication:
130	130	(1) may be in person, by mail, or by any other means;
131	131	and
132	132	(2) is confidential and privileged.
133	133	(b) The records of the ombudsman are confidential, except
134	134	that the ombudsman shall:
135	135	(1) share with the office of the inspector general of
136	136	the department a communication with an offender that may involve
137	137	abuse or neglect; and
138	138	(2) disclose the ombudsman's nonprivileged records if
139	139	required by a court order on a showing of good cause.
140	140	(c) The ombudsman may make public any report relating to an
141	141	investigation after the investigation is complete, except that the
142	142	names of all offenders, family members, and employees remain
143	143	confidential and must be redacted before the report is made public.
144	144	(d) The name, address, and other personally identifiable
145	145	information of a person who files a complaint with the office,
146	146	information generated by the office in the course of an
147	147	investigation, and confidential records obtained by the office are
148	148	confidential and not subject to disclosure under Chapter 552,
149	149	except that the information and records, other than confidential
150	150	information and records concerning a pending law enforcement
151	151	investigation or criminal action, may be disclosed to an
152	152	appropriate person if the office determines that disclosure is:
153	153	(1) in the public interest;
154	154	(2) necessary to enable the office or ombudsman to
155	155	perform a duty under this chapter; or
156	156	(3) necessary to identify, prevent, or treat physical
157	157	or sexual assault or neglect of an offender.
158	158	Sec. 512.056. PROMOTION OF AWARENESS. The ombudsman shall
159	159	promote awareness among the department, the public, and offenders
160	160	regarding:
161	161	(1) how the office may be contacted;
162	162	(2) the purpose of the office; and
163	163	(3) the services the office provides.
164	164	Sec. 512.057. RULEMAKING AUTHORITY. The office by rule
165	165	shall establish policies and procedures for the operations of the
166	166	office.
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) routinely review grievances and grievance logs to
175	175	address any pattern of actions of the department affecting the
176	176	treatment of offenders;
177	177	(3) conduct investigations of complaints submitted by
178	178	offenders, family members, and employees and review criminal
179	179	investigations conducted by the office of the inspector general of
180	180	the department if the ombudsman determines that a pattern of
181	181	complaints exists suggesting that an issue affects more than one
182	182	offender;
183	183	(4) review or inspect periodically the facilities and
184	184	procedures of any institution or residence in which an offender has
185	185	been placed by the department, whether public or private, to ensure
186	186	that the rights of offenders are fully observed;
187	187	(5) conduct immediate investigations of a significant
188	188	group disturbance or other critical incident to determine whether a
189	189	change in department policy or practice is necessary;
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	performance of the assistant ombudsman's duties.
202	202	(b) The ombudsman may inform persons who are interested in
203	203	an offender's welfare of the rights of the offender.
204	204	(c) To determine if an offender's rights have been violated,
205	205	the ombudsman may, in any matter that does not involve alleged
206	206	criminal behavior, contact or consult with an administrator, an
207	207	employee, a family member, an expert, another offender, or any
208	208	other individual in the course of the ombudsman's investigation or
209	209	to secure information.
210	210	(d) Notwithstanding any other provision of this chapter,
211	211	the ombudsman may not investigate alleged criminal behavior, except
212	212	that the ombudsman may review, in accordance with Subsection
213	213	(a)(3), a criminal investigation conducted by the office of the
214	214	inspector general of the department to ensure that the
215	215	investigation was conducted in an accurate, unbiased, and thorough
216	216	manner.
217	217	(e) An inmate's complaint to the office and any
218	218	investigation conducted by the ombudsman under this chapter are
219	219	independent of the inmate grievance system developed under Section
220	220	501.008 and do not affect the procedures, rights, or duties
221	221	established under that system or constitute a grievance under that
222	222	system.
223	223	Sec. 512.102. RETALIATION PROHIBITED. The department may
224	224	not:
225	225	(1) discharge, discipline, or in any manner
226	226	discriminate or retaliate against an employee who makes a good
227	227	faith complaint to the office or cooperates with an investigation
228	228	under this chapter; or
229	229	(2) discipline or in any manner discriminate or
230	230	retaliate against an offender who complains to or communicates or
231	231	cooperates with the office in the course of the office carrying out
232	232	its duties.
233	233	Sec. 512.103. TRAINING. The ombudsman may attend training
234	234	sessions for correctional officers or participate in other
235	235	appropriate professional training.
236	236	SUBCHAPTER D. ACCESS TO INFORMATION, FACILITIES, AND PERSONNEL
237	237	Sec. 512.151. ACCESS TO INFORMATION OF CERTAIN GOVERNMENTAL
238	238	ENTITIES. The department shall allow the ombudsman access to the
239	239	department's records relating to an offender or investigation. In
240	240	allowing access to records under this section, the department shall
241	241	fully cooperate and collaborate with the office in a prompt manner
242	242	in order for the office to carry out its duties and improve facility
243	243	operations and conditions.
244	244	Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
245	245	The ombudsman may subpoena the records of a private entity that
246	246	relate to a complaint the ombudsman is investigating.
247	247	Sec. 512.153. ACCESS TO FACILITIES, RECORDS, AND PERSONNEL.
248	248	(a) The office may inspect or review without notice any part of a
249	249	facility or any facility operation, policy, procedure, record, or
250	250	log relating to:
251	251	(1) a condition of confinement;
252	252	(2) offender discipline and the use of force against
253	253	an offender;
254	254	(3) an incident of assault or sexual assault;
255	255	(4) death of or serious bodily injury to an offender;
256	256	(5) the provision of health care, including mental
257	257	health care;
258	258	(6) the offender grievance process;
259	259	(7) a telephone, mail, or visitation policy;
260	260	(8) a rehabilitation, reentry, or reintegration
261	261	program;
262	262	(9) employee recruitment, training, supervision, or
263	263	discipline; and
264	264	(10) staffing levels and staffing deployment.
265	265	(b) The ombudsman shall coordinate with the office of the
266	266	inspector general of the department to develop policies and
267	267	procedures that ensure an inspection or review under Subsection (a)
268	268	does not interfere with a criminal investigation being conducted by
269	269	the office of the inspector general.
270	270	(c) In conducting an investigation, the office may:
271	271	(1) interview offenders and facility administrators
272	272	or employees;
273	273	(2) hold public hearings; and
274	274	(3) issue a subpoena to compel the attendance of a
275	275	relevant witness or the production of relevant records or
276	276	documents.
277	277	SUBCHAPTER E. ADVISORY BOARD
278	278	Sec. 512.201. CREATION AND COMPOSITION OF ADVISORY BOARD.
279	279	(a) An advisory board is created to advise the office in carrying
280	280	out the office's duties under this chapter.
281	281	(b) The advisory board is composed of the following nine
282	282	members appointed by the governor:
283	283	(1) one family member of an offender or former
284	284	offender;
285	285	(2) one health care professional;
286	286	(3) one social worker;
287	287	(4) one person with expertise in administrative or
288	288	criminal investigations;
289	289	(5) one person with expertise in sexual assault victim
290	290	advocacy;
291	291	(6) one person with expertise in occupational safety
292	292	and health;
293	293	(7) one person with expertise in research and data
294	294	analysis;
295	295	(8) one former offender; and
296	296	(9) one former correctional officer.
297	297	(c) The chair of each standing committee of the legislature
298	298	having primary jurisdiction over the department and the primary
299	299	author and sponsor of the legislation enacting this chapter, but
300	300	only if the author or sponsor continues to be a member of the
301	301	legislature, may provide the governor with recommendations on any
302	302	appointment made under Subsection (b).
303	303	(d) Members of the advisory board serve staggered four-year
304	304	terms.
305	305	(e) A person may not serve as a member of the advisory board
306	306	for more than two terms.
307	307	(f) Chapter 2110 does not apply to the composition or
308	308	duration of the advisory board.
309	309	SECTION 2. (a) As soon as practicable after the effective
310	310	date of this Act, the governor shall appoint an initial ombudsman
311	311	under Chapter 512, Government Code, as added by this Act, to a term
312	312	expiring February 1, 2027.
313	313	(b) Not later than December 1, 2023, the governor shall
314	314	appoint the members of the advisory board under Section 512.201,
315	315	Government Code, as added by this Act.
316	316	SECTION 3. This Act takes effect September 1, 2023.