HB 191 — CORRECTIONS OMBUDSMAN ACT

el t] 17b ,d i a º e SECTION 6.

[NEW MATERIAL]MATERIAL ] DUTIES--INVESTIGATIONS-- wr li n= dr 18t COMPLAINTS.--e =w =d 19m a ln A.o COMPLAINTS.-- d m :

b e d s º o t n = .218141.6AIC March 9, 2021 (11:48am) s k m e - 4 - e a n e d r e l u [ A d A.

i a e r 20 (1) establish priorities for use of the a t m m 21 limited resources available to the corrections ombudsman;

d r e 22 (2) maintain a statewide toll-free telephone c e s k 23 number, a collect telephone number, a website and a mailing e a n b 24 address for the receipt of complaints and inquiries;

u [ (3) provide information, as appropriate, to .218141.6 - 4 - inmates, probationers and parolees, family members of inmates, probationers and parolees, representatives of inmates, probationers and parolees, department employees and others regarding rights of inmates, probationers and parolees;

(5) monitor department compliance with applicable federal, state and local laws, rules, regulations and policies as related to the health, safety, welfare and h rehabilitation of inmates, probationers and parolees;

g o t hr (6) monitor and participate in legislative and g e i k policy development affecting correctional facilities;

h r i s (7) establish a statewide uniform reporting h , t, system to collect and analyze data related to complaints e u g e b l e e h received by the corrections ombudsman regarding the department;

n d d i = = o h (8) establish procedures to receive, el t] 17b ,d i a º e investigate and resolve complaints, including facilitating wr li n= r t e w d 18m a n o inmate, probationer, parolee and department employee =d =m 19: a l confidential communication with the corrections ombudsman;

ib a e rd 20s (9)º establisho procedures to gather stakeholder a t mn m= 21.218141.6AIC inputMarch into9, the2021 corrections(11:48am) ombudsman'ss activitiesk andm d r e 22- priorities,5 which- shalle include at a minimumn quarterlye publicd cr e sl ku 23[ meetingsA andd theconfidential formationcommunication ofwith anthe advisorycorrections committee;ombudsman;

e(9) aestablish nprocedures bto 24gather (10)stakeholder submitinput byinto Septemberthe 30corrections ofombudsman's eachactivities yearand topriorities, uwhich [shall theinclude appropriateat interima committeesminimum ofquarterly thepublic legislaturemeetings and to .218141.6 - 5 - the governorformation aof reportan thatadvisory includescommittee; at least the following:

(10) submit by September 30 of each year to the appropriate interim committees of the legislature and to the governor a report that includes at least the following:

(d) outstanding or unresolved concerns h or recommendations of the corrections ombudsman;

and g o t hr (e) input and comments from stakeholders g e i k and an advisory committee regarding the corrections ombudsman's h r i s activities during the prior fiscal year;

h , t, (11) audit the financial expenditures of the e u g e b l e e h department;

n d d i = = o h (12) report to the appropriate law enforcement el t] 17b ,d i a º e agency any activity that the corrections ombudsman believes may wr li n= r t e w d 18m a n o be criminal in nature;

=d =m 19: a l (13) monitor employment levels at the i a e r 20 department, including employee overtime and fatigue;

ab e d s º o t mn = .218141.6AIC March 9, 2021 (11:48am) s k m 21e (14)- monitor6 the- enforcemente ofa then Restrictede d r e 22l Housingu Act[ andA itsd reporting(13) requirements;monitor employment levels at the department, including employee overtime and fatigue;

c(14) e s k 23 (15) monitor the trainingenforcement and certification of ethe aRestricted nHousing bAct 24and correctionsits officers;reporting requirements;

u(15) [monitor (16)the compiletraining dataand regardingcertification anything that .218141.6 - 6 - becomes a concern of the corrections ombudsman;officers;

(16) compile data regarding anything that becomes a concern of the corrections ombudsman;

and (19) monitor adequate staffing and training, h appropriate classification procedures, pre-release preparation, g o t hr utilization of community corrections and equal protection of g e i k female prisoners.

h r i s B.

The corrections ombudsman shall eliminate h , t, corruption, such as overuse of solitary confinement, overuse of e u g e b l e e h overtime, overuse of force, embezzlement of public funds or n d d i = = o h property, sexual exploitation, theft of inmate property, el t] 17b ,d i a º e unlawful and unnecessary contracting, substandard medical care wr li n= r t e w d 18m a n o and waste of taxpayer resources.

=d =m 19: a l C.

Theb corrections ombudsman shall initiate and i a e rd 20s attemptº too resolve an investigation upon the corrections a t mn m= 21.218141.6AIC ombudsman'sMarch own9, initiative2021 or(11:48am) upon receipt of a complaint from d r e 22 an inmate, probationer or parolee, a family member of an c e s k 23m inmate,e probationer- or7 parolee,- a representative of an inmate, e a n be 24d probationerr ore parolee,l a department employee or others u [ regardingA anyd ofC. the following that may adversely affect the .218141.6 - 7 - health, safety, welfare and rights of inmates, probationers and parolees:

The corrections ombudsman shall initiate and attempt to resolve an investigation upon the corrections ombudsman's own initiative or upon receipt of a complaint from an inmate, probationer or parolee, a family member of an inmate, probationer or parolee, a representative of an inmate, probationer or parolee, a department employee or others regarding any of the following that may adversely affect the health, safety, welfare and rights of inmates, probationers and parolees:

(4) policies, rules or procedures of the h department;

and g o t hr (5) alleged violations of law by the g e i k department.

h r i s D.

The corrections ombudsman shall attempt to h , t, resolve an investigation upon receipt of a complaint from a e u g e b l e e h department employee regarding any of the following:

n d d i = = o h (1) abuse or neglect by department employees, l ] b ,d i a º e subcontractors or volunteers;

r i = r t e w d m a n o (2) department decisions or administrative d m :

b e d s º o t n = .218141.6AIC March 9, 2021 (11:48am) s k m e - 8 - e a n e d r e l u [ A d actions;

(3) inactions or omissions by department employees, subcontractors or volunteers;

D.E.

The corrections ombudsman shall attempt to resolve an investigation upon receipt of a complaint from a department employee regarding any of the following:

(1) abuse or neglect by department employees, e t 17 subcontractors or volunteers;

w l n d 18 (2) department decisions or administrative = = 19 a l actions;

i a e r 20 (3) inactions or omissions by department a t m m 21 employees, subcontractors or volunteers;

d r e 22 (4) policies, rules or procedures of the c e s k 23 department;

and e a n b 24 (5) alleged violations of law by the u [ department.

.218141.6 - 8 - E.

h G.

If the corrections ombudsman does not g o t hr investigate a complaint, the corrections ombudsman shall notify g e i k the complainant of the decision not to investigate and the h r i s reasons for the decision.

h , t, H.

The corrections ombudsman shall not investigate e u g e b l e e h any complaint relating to an inmate's, probationer's or n d d i = = o h parolee's underlying criminal conviction or sentence.

el t] 17b ,d i a º e I.

The corrections ombudsman shall attempt to wr li n= r t e w d 18m a n o resolve any complaint at the lowest possible level.

=d =m 19: a l J.

Theb correctionse ombudsmand mays referº complainantso it an = .218141.6AIC March 9, 2021 (11:48am) s k m e r- 209 and- otherse toa appropriaten resources,e agenciesd orr departments.e l u [ A d J.

aThe tcorrections mombudsman mmay 21refer K.complainants and others to appropriate resources, agencies or departments.

TheK. corrections ombudsman shall not levy fees d r e 22 for the submission or investigation of complaints.

cThe ecorrections sombudsman kshall 23not L.levy fees for the submission or investigation of complaints.

TheL. corrections ombudsman shall remain neutral e a n b 24 and impartial and shall not act as an advocate for the u [ complainant or for the department.

.218141.6The -corrections 9ombudsman -shall M.remain neutral and impartial and shall not act as an advocate for the complainant or for the department.

M.

The corrections ombudsman shall state the corrections ombudsman's recommendations and reasoning if, in h the corrections ombudsman's opinion, the department should:

g o t hr (1) consider the matter further;

g e i k (2) modify or cancel any action;

h r i s (3) alter a rule, practice or ruling;

h , t, (4) explain in detail the administrative e u g e b l e e h action in question;

or n d d i = = o h (5) rectify an omission.

el t] 17b ,d i a º e N.

If the corrections ombudsman so requests, the wr li n d 18 department shall within the time specified inform the = =r 19t ae lw correctionsd ombudsmanm about an action taken on the i a en ro 20department recommendationsshall ofwithin the correctionstime ombudsmanspecified orinform the reasonsd for a t m m: 21 not complying with the recommendations.

b e d s º o t n = .218141.6AIC March 9, 2021 (11:48am) s k m e - 10 - e a n e d r e 22l O.u [ A d corrections ombudsman about an action taken on the recommendations of the corrections ombudsman or the reasons for not complying with the recommendations.

IfO. the corrections ombudsman believes, based on c e s k 23 the investigation, that there has been or continues to be a e a n b 24 significant inmate, probationer or parolee health, safety, u [ welfare, corruption or rehabilitation issue, the corrections .218141.6 - 10 - ombudsman shall report the findings to the governor and the appropriate interim committees of the legislature.

If the corrections ombudsman believes, based on the investigation, that there has been or continues to be a significant inmate, probationer or parolee health, safety, welfare, corruption or rehabilitation issue, the corrections ombudsman shall report the findings to the governor and the appropriate interim committees of the legislature.

The corrections ombudsman shall h notify the inmate, probationer or parolee, if any, of the u » r actions taken by the department in response to the corrections t h g e l i ombudsman's recommendations.

h r i s Q.

The Corrections Ombudsman Act does not require h , e h an inmate, probationer or parolee to file a complaint with the t u g e b l e e , gh corrections ombudsman in order to exhaust available n d d i = = o h administrative remedies for purposes of the federal Prison el t] 17b ,d i a º r Litigation Reform Act of 1995.

we lr n= t e w d 18m a n o SECTION 7.

[NEW MATERIAL]MATERIAL ] ACCESS TO FACILITIES--INMATES-- =d =m 19: a l RECORDS.-- i a e r 20 A.

Theb correctionsr ombudsmane shallt beº giveno a t mn m= 21.218141.6AIC reasonableMarch access9, to2021 correctional(11:48am) facilitiess atk allm times d r e 22- necessary11 to- conducte a fulln investigatione ofd anr incident of c e sl ku 23[ abuseA ord neglect.RECORDS.-- A.

SuchThe accesscorrections includesombudsman theshall opportunitybe togiven ereasonable aaccess nto bcorrectional 24facilities interviewat anyall inmate,times departmentnecessary employeeto orconduct othera person,full uinvestigation [of includingan theincident person thought to be the victim of such abuse or .218141.6neglect. - 11 - neglect, who might be reasonably believed by the facility or the corrections ombudsman to have knowledge of the incident under investigation.

Such access includes the opportunity to interview any inmate, department employee or other person, including the person thought to be the victim of such abuse or neglect, who might be reasonably believed by the facility or the corrections ombudsman to have knowledge of the incident under investigation.

or h (3) the corrections ombudsman determines that g o t hr there is or may be imminent danger of serious abuse or neglect g e i k of an inmate.

h r i s B.

The corrections ombudsman staff shall be given h , t, reasonable access to department facilities, including all areas e u g e b l e e h that are used by inmates and all areas that are accessible to n d d i = = o h inmates, and to programs for inmates at reasonable times, which el t] 17b ,d i a º e at a minimum must include normal working hours and visiting wr li n= r t e w d 18m a n o hours.

=d = 19 a l (1) providing information about individual i a e r 20 rights and the services available from the office, including a t m m: 21 the name, address and telephone number of the office;

b e d rs º o t n = .218141.6AIC March 9, 2021 (11:48am) s k m e 22- (2)12 monitoring- compliancee witha respectn toe thed cr e sl ku 23[ A d (1) providing information about individual rights and safetythe services available from the office, including the name, address and telephone number of inmates;the office;

and(2) emonitoring acompliance nwith brespect 24to (3)the inspecting,rights viewing, photographing and usafety [ video recording all areas of theinmates; facility that are used by .218141.6 - 12 - inmates or are accessible to inmates.

and (3) inspecting, viewing, photographing and video recording all areas of the facility that are used by inmates or are accessible to inmates.

The corrections ombudsman shall have the right to access, inspect and copy all relevant information, records or documents in the possession or control of the department that the corrections ombudsman considers necessary in an h investigation of a complaint filed pursuant to the Corrections u » r Ombudsman Act, and the department shall assist the corrections t h g e l i ombudsman in obtaining the necessary releases for those h r i s documents that are specifically restricted or privileged for h , e h use by the corrections ombudsman.

t u g e b l e e , gh E.

Following notification from the corrections n d d i = = o h ombudsman with a written demand for access to agency records, el t] 17b ,d i a º r the delegated department staff shall provide the corrections we lr n= t e w d 18m a n o ombudsman with access to the requested documentation not later =d =m 19: a l than twenty business days after the corrections ombudsman's i a e r 20 written request for the records.

Whenb the records requested by a t m m 21 the corrections ombudsman pertain to an inmate, probationer or d r e 22t paroleeº death,o threatst ofn bodily= harm,.218141.6AIC includingMarch sexual9, or2021 c(11:48am) e s k 23m physicale assaults,- or13 the- denial of necessary medical e a n be 24d treatment,r thee recordsl shallu be[ providedA withind fivethan daystwenty ubusiness [days unlessafter the corrections ombudsmanombudsman's consentswritten torequest anfor extensionthe ofrecords. .218141.6 - 13 - that time frame.

When the records requested by the corrections ombudsman pertain to an inmate, probationer or parolee death, threats of bodily harm, including sexual or physical assaults, or the denial of necessary medical treatment, the records shall be provided within five days unless the corrections ombudsman consents to an extension of that time frame.

The corrections ombudsman shall work with the department to minimize disruption to the operations of the department due to the corrections ombudsman's activities and h shall comply with the department's security clearance u » r processes;

provided that those processes do not impede the t h g e l i activities provided for in this section.

h r i s H.

The department shall prominently display at h , e h every departmental facility at which inmates, probationers or t u g e b l e e , gh parolees may be present information regarding the purpose and n d d i = = o h availability of the corrections ombudsman, and the department el t] 17b ,d i a º r shall include such information in any inmate handbook.

we lr n= t e w d 18m a n o I.

The department shall give the office access to =d =m 19: a l department personnel and documents as requested by the i a e r 20 corrections ombudsman.

ab r e t mº o t n = .218141.6AIC March 9, 2021 (11:48am) s k m 21e SECTION- 8.14 - e a n e d r e l u [ A d department personnel and documents as requested by the corrections ombudsman.

[NEWSECTION MATERIAL]8. CIVIL IMMUNITY--RETALIATORY d r e 22 ACTIONS.-- c e s k 23 A.

A[NEW civilMATERIAL action] shallCIVIL notIMMUNITY--RETALIATORY beACTIONS.-- broughtA. against any e a n b 24 employee of the office for good-faith performance of u [ responsibilities pursuant to the Corrections Ombudsman Act.

.218141.6A -civil 14action -shall B.not be brought against any employee of the office for good-faith performance of responsibilities pursuant to the Corrections Ombudsman Act.

B.

This section is not intended to infringe on the rights of an employer to supervise, discipline or terminate an h employee for other reasons.

g o t hr HAFCº SECTION 9.

APPROPRIATION.--Two hundred fifty g e i k thousand dollars ($250,000) is appropriated from the general h r i s fund to the legislative finance committee for expenditure in h , t, e u g fiscal year 2022 for the office of the corrections ombudsman to e b l e e h implement the provisions of the Corrections Ombudsman Act.

Any n d d i = = o h unexpended or unencumbered balance remaining at the end of l ] b ,d i a º e tr 17i = r fiscal year 2022 shall revert to the general fund.fund.»HAFC t e w d m a n o SECTION 10.

wEFFECTIVE lDATE.--The neffective ddate 18of SECTIONthe 10.d m :

EFFECTIVEb DATE.--Thee effectived dates ofº theo =t n = 19.218141.6AIC March 9, 2021 (11:48am) s k m e - 15 - e a n e d r e l u [ A d provisions of this act is July 1, 2021.

i- a16 e- » g o » r 20h -t 15i -k al i g t mh ms 21, de rh t l i w l b l e 22e c, g n d l h = = b , a l º d i a r e sr k= 23, a t e d m a n bo 24d um [: .218141.6

b r e t º o t n = .218141.6AIC March 9, 2021 (11:48am) s k em e e a n e d r e l u [ A d