Canales Bill’s Prison Ombudsman Can Show Up Unannounced

The text as introduced · 2,105 words

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 may not investigate alleged criminal behavior, except

that the ombudsman may review, in accordance with Subsection

(a)(2), a criminal investigation conducted by the office of the

inspector general of the department to ensure that the

investigation was conducted in an accurate, unbiased, and thorough

manner.

(e) An inmate's complaint to the office and any

investigation conducted by the ombudsman under this chapter are

independent of the inmate grievance system developed under Section

501.008 and do not affect the procedures, rights, or duties

established under that system or constitute a grievance under that

system.

Sec. 512.102. RETALIATION PROHIBITED. The department may

not:

(1) discharge, discipline, 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; or

(2) discipline or in any manner discriminate or

retaliate against an offender who complains to or communicates or

cooperates with the office in the course of the office carrying out

its duties.

Sec. 512.103. TRAINING. The ombudsman may attend training

sessions for correctional officers or participate in other

appropriate professional training.

SUBCHAPTER D. ACCESS TO INFORMATION, FACILITIES, AND PERSONNEL

Sec. 512.151. ACCESS TO INFORMATION OF CERTAIN GOVERNMENTAL

ENTITIES. The department shall allow the ombudsman access to the

department's records relating to an offender or investigation. In

allowing access to records under this section, the department shall

fully cooperate and collaborate with the office in a prompt manner

in order for the office to carry out its duties and improve facility

operations and conditions.

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.

Sec. 512.153. ACCESS TO FACILITIES, RECORDS, AND PERSONNEL.

(a) The office may inspect or review without notice any part of a

facility or any facility operation, policy, procedure, record, or

log relating to:

(1) a condition of confinement;

(2) offender discipline and the use of force against

an offender;

(3) an incident of assault or sexual assault;

(4) death of or serious bodily injury to an offender;

(5) the provision of health care, including mental

health care;

(6) the offender grievance process;

(7) a telephone, mail, or visitation policy;

(8) a rehabilitation, reentry, or reintegration

program;

(9) employee recruitment, training, supervision, or

discipline; and

(10) staffing levels and staffing deployment.

(b) The ombudsman shall coordinate with the office of the

inspector general of the department to develop policies and

procedures that ensure an inspection or review under Subsection (a)

does not interfere with a criminal investigation being conducted by

the office of the inspector general.

(c) In conducting an investigation, the office may:

(1) interview offenders and facility administrators

or employees;

(2) hold public hearings; and

(3) issue a subpoena to compel the attendance of a

relevant witness or the production of relevant records or

documents.

SUBCHAPTER E. ADVISORY BOARD

Sec. 512.201. CREATION AND COMPOSITION OF ADVISORY BOARD.

(a) An advisory board is created to advise the office in carrying

out the office's duties under this chapter.

(b) The advisory board is composed of the following nine

members appointed by the governor:

(1) one family member of an offender or former

offender;

(2) one health care professional;

(3) one social worker;

(4) one person with expertise in administrative or

criminal investigations;

(5) one person with expertise in sexual assault victim

advocacy;

(6) one person with expertise in occupational safety

and health;

(7) one person with expertise in research and data

analysis;

(8) one former offender; and

(9) one former correctional officer.

(c) The lieutenant governor and the speaker of the house of

representatives may provide the governor with recommendations on

any appointment made under Subsection (b).

(d) Members of the advisory board serve staggered four-year

terms.

(e) A person may not serve as a member of the advisory board

for more than two terms.

(f) Chapter 2110 does not apply to the composition or

duration of the advisory board.

SECTION 2. (a) As soon as practicable after the effective

date of this Act, the governor shall appoint an initial ombudsman

under Chapter 512, Government Code, as added by this Act, to a term

expiring February 1, 2029.

(b) Not later than December 1, 2025, the governor shall

appoint the members of the advisory board under Section 512.201,

Government Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2025.