80R7715 HLT-F
 
  By: Coleman H.B. No. 1944
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the elimination of sexual assault against inmates
confined in a facility operated by or under contract with the Texas
Department of Criminal Justice.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 501, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F.  ELIMINATION OF SEXUAL ASSAULT AGAINST INMATES
       Sec. 501.171.  DEFINITIONS. In this subchapter:
             (1)  "Correctional facility" means a facility operated
by or under contract with the department.
             (2)  "Inmate" means an inmate or state jail defendant
confined in a facility operated by or under contract with the
department.
       Sec. 501.172.  APPOINTMENT OF OMBUDSPERSON. The board shall
appoint an ombudsperson to coordinate the department's efforts to
eliminate the occurrence of sexual assault in correctional
facilities. The ombudsperson is based in the office of the
inspector general.
       Sec. 501.173.  POWERS AND DUTIES OF OMBUDSPERSON. (a) The
ombudsperson shall:
             (1)  monitor department policies for the prevention of
sexual assault in correctional facilities;
             (2)  initiate and oversee appropriate criminal and
civil investigations on notification of an inmate complaint of
sexual assault;
             (3)  ensure the impartial resolution of inmate
complaints of sexual assault; and
             (4)  collect statistics regarding all allegations of
sexual assault from each correctional facility in accordance with
the standards established by the National Prison Rape Elimination
Commission.
       (b)  The ombudsperson may collect evidence at correctional
facilities and interview inmates or employees at correctional
facilities in conducting an investigation of an inmate complaint of
sexual assault under this section.
       (c)  The ombudsperson may not require an inmate who reports a
sexual assault to assist in the investigation or prosecution of the
offense.
       Sec. 501.174.  DEPARTMENT TO ADOPT POLICY. The department
shall adopt a policy providing for:
             (1)  a designated administrator at each correctional
facility to post information throughout the facility describing how
an inmate may confidentially contact the ombudsperson regarding a
sexual assault;
             (2)  an inmate to write a confidential letter to the
ombudsperson regarding a sexual assault;
             (3)  employees at correctional facilities, on
notification of the occurrence of a sexual assault, to immediately:
                   (A)  contact the office of the inspector general;
and
                   (B)  ensure that the alleged victim is safe;
             (4)  the office of the inspector general, at the time
the office is notified of the sexual assault, to transport an
alleged victim to the nearest emergency room for medical treatment
and evidence collection;
             (5)  a qualified employee at each correctional facility
to conduct a medical forensic exam of an alleged victim of sexual
assault in accordance with Article 56.06, Code of Criminal
Procedure;
             (6)  a reasonable deadline for an inmate to initiate a
grievance proceeding under Section 501.008 based on an alleged
sexual assault; and
             (7)  each correctional facility to collect statistics
on all alleged sexual assaults against inmates confined in the
facility and to report the statistics to the ombudsperson.
       SECTION 2.  Not later than December 1, 2008, the Texas
Department of Criminal Justice shall appoint an ombudsperson and
adopt a policy as required by Subchapter F, Chapter 501, Government
Code, as added by this Act.
       SECTION 3.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.