HB5565 - Relating to the creation of the office of independent oversight ombudsman for the Texas Department of Criminal Justice.

  89R15915 MCF-D     By: Canales H.B. No. 5565       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)     "Facility" means a facility operated by or under   contract with the department that is used primarily for the   confinement of offenders.                 (2)     "Offender" means an inmate or state jail defendant   confined in a facility.                 (3)     "Office" means the office of independent oversight   ombudsman.                 (4)     "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 monitoring the   conditions of confinement and treatment of offenders,   investigating, evaluating, and securing the rights of offenders,   and assisting the department in improving its operations. The   office is also responsible for conducting in-depth reviews and   analyses of data, determining long-term needs, identifying   critical issues facing the department and corresponding solutions   to those issues, investigating significant group disturbances and   critical incidents, and assessing the efficacy of existing   programs.           Sec.   512.003.     INDEPENDENCE. (a) The ombudsman acts   independently of the department and the board in the performance of   the ombudsman's powers and duties under this chapter.           (b)     Funding for the office is appropriated separately from   funding for the department.   SUBCHAPTER B. ADMINISTRATION OF OFFICE           Sec.   512.051.     APPOINTMENT OF OMBUDSMAN. (a) The governor   shall appoint, with the advice and consent of the senate, a person   to serve as ombudsman from a list of persons recommended by the   chair of each standing committee of the legislature having primary   jurisdiction over the department.           (b)     The ombudsman serves a four-year term and may be removed   by the governor only for good cause.           (c)     A person may not serve as ombudsman for more than two   terms.           Sec.   512.052.     ASSISTANTS. The ombudsman may appoint   assistants to perform, under the direction of the ombudsman, the   same duties and to exercise the same powers as the ombudsman.           Sec.   512.053.     CONFLICT OF INTEREST. (a) In this section,   "Texas trade association" means a 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.           (b)     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 or was employed by or participated in the   management of such an entity or organization in the five years   preceding the date of the person's appointment;                 (2)     owns or controls, directly or indirectly, any   interest in a business entity or other organization receiving funds   from the department or the office;                 (3)     uses or receives any amount of tangible goods,   services, or funds from the department or the office;                 (4)     is an officer, employee, manager, or paid   consultant of the department or was an officer, employee, manager,   or paid consultant of the department in the five years preceding the   date of the person's appointment;                 (5)     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; or                 (6)     is an officer, employee, manager, or paid   consultant of a Texas trade association in the field of criminal or   juvenile justice.           Sec.   512.054.     REPORT. (a) The ombudsman shall prepare and   submit to the governor, the lieutenant governor, the state auditor,   and each member of the legislature:                 (1)     periodic reports that evaluate systemic issues   affecting the department and any current issues at individual   facilities; and                 (2)     an annual report that is both aggregated and   disaggregated by individual facility and describes:                       (A)  the work of the ombudsman and office;                       (B)     the results of any review or investigation   undertaken by the ombudsman, including any review or investigation   of services contracted by the department; and                       (C)     any recommendations that the ombudsman has   regarding:                             (i)  the duties of the ombudsman; or                             (ii)  the operations of the department.           (b)     The ombudsman shall publish on the office's Internet   website each report submitted under this section.           Sec.   512.055.     COMMUNICATION AND CONFIDENTIALITY. (a) The   department shall establish procedures allowing any offender or   facility administrator or employee to communicate with the   ombudsman or an assistant ombudsman regarding a power or duty of the   ombudsman or office. 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 the 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 department, 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.   SUBCHAPTER C. POWERS AND DUTIES           Sec. 512.101.  POWERS AND DUTIES. (a) The ombudsman shall:                 (1)     routinely review grievances and grievance logs to   address any pattern of actions of the department affecting the   treatment of offenders;                 (2)     conduct investigations of complaints submitted by   offenders, family members, and employees and review criminal   investigations conducted by the office of the inspector general of   the department if the ombudsman determines that a pattern of   complaints exists suggesting that an issue affects more than one   offender;                 (3)     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;                 (4)     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;                 (5)     review court orders as necessary to fulfill the   ombudsman's duties;                 (6)     recommend changes in any procedure relating to the   treatment of offenders;                 (7)     make appropriate referrals under any of the powers   and duties listed in this subsection; and                 (8)     supervise an assistant ombudsman in the   performance of the assistant ombudsman's duties.           (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 [Text truncated for display. 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