HB 5358 — Creating an ombudsman program within the Division of Corrections and Rehabilitation to review complaints against a state agency or correctional facility.

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee FISCALSubstitute for House Bill 5358 NOTE By Delegates Kelly, Hott, Phillips, Jeffries, Pinson, Brooks, Steele, Young,Young Garcia, and PetittoGarcia [Introduced[Originating Januaryin 30,the 2024;Committee on the Judiciary;

ReferredReported to the Committee on JailsFebruary and22, Prisons2024] thenCS thefor Judiciary] Intr HB 2024R31585358 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15A-14-1, §15A-14-2, §15A-14-3, §15A-14-4, §15A-14-5, §15A-14-6, §15A- 14-7, §15A-14-8, and §15A-14-9, all relating to the Corrections and Rehabilitation Ombudsman;

Intr1 CS for HB 2024R31585358 (2) Reviewing periodically and making appropriate recommendations for the policies and procedures established by any state agency providing services to the inmate and resident populations;

(2)If Thethere ombudsmanis mayevidence beof compelled to provide testimony by a courtcrime or administrative body of competent jurisdiction related to any action carried out by the office that iscould unrelatedhave to the Intr HB 2024R3158 substance of a specific complaint, or reportsmay submittedhave tooccurred, the Legislativeombudsman Oversightmust Committeeturn createdover insaid §31-20-26evidence. of this code.

2 CS for HB 5358 (2) The ombudsman may be compelled to provide testimony by a court or administrative body of competent jurisdiction related to any action carried out by the office that is unrelated to the substance of a specific complaint, or reports submitted to the Legislative Oversight Committee created in §31-20-26 of this code.

3 CS for HB 5358 (1) The complaint is trivial, frivolous, vexatious, or not made in good faith;

Intr HB 2024R3158 (3) The resources available, considering the established priorities, are insufficient for an adequate review;

4 (a) The ombudsman shall, with proper identification, have access to an inmate, a resident, a state agency, or a correctional or juvenile facility for the purposes of reviewing a complaint.

The visit may be announced in advance or be made unannounced as appropriate to Intr HB 2024R3158 the complaint under review.

CS for HB 5358 (b) The ombudsman is allowed access to all records of any inmate, resident, state agency, or correctional or juvenile facility that is reasonably necessary for the review of a complaint, including, but not limited to, incident reports;

6 CS for HB 5358 (1) Where imminent risk of serious harm is communicated directly to the ombudsman or his or her staff;

or Intr HB 2024R3158 (3) Where disclosure is necessary to the Secretary of Homeland Security in order for such office to determine the appropriateness of initiating an investigation to determine facility compliance with applicable rules and policies.

(e) The Inspector General shall have access to the records and files of the Corrections and Rehabilitation Ombudsman Program to verify its effectiveness and quality where the identity of any complainant, an inmate or resident who is subject to a reported allegation of abuse, an inmate 7 CS for HB 5358 or resident who has died or sustained a critical incident, or any conditions affecting the health or welfare of an inmate or resident in the correctional or juvenile system.

(a) The ombudsman participating in a complaint review carried out pursuant to this article who is performing his or her duties is immune from civil liability that otherwise might result by Intr HB 2024R3158 reason of his or her participation in the review, as long as such participation is not violative of any applicable law, rule, or regulation, and done within the scope of his or her employment and in good faith.

NOTE:

The purpose of this bill is to create an ombudsman program within the Division of Corrections and Rehabilitation to review complaints against a state agency or correctional facility.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.