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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) "Offender"
means:
(A) an inmate or state
jail defendant confined in a facility operated by or under contract with
the department; or
(B) a person under
supervision of the department following the person's release on parole or
to mandatory supervision.
(2) "Office"
means the office of independent oversight ombudsman.
(3) "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 investigating, evaluating, and securing the rights of
offenders. The office is also responsible for in-depth review and analysis
of data, determination of long-term needs, identification of critical
issues and corresponding solutions, and assessment of the efficacy of
existing programs.
Sec. 512.003.
INDEPENDENCE. The ombudsman acts independently of the department in the performance
of the ombudsman's powers and duties under this chapter.
Sec. 512.004.
ADMINISTRATIVE ATTACHMENT; SUPPORT; BUDGET. (a) The office is
administratively attached to the Commission on Jail Standards.
(b) The Commission on
Jail Standards shall provide office space and administrative support
services, including human resources, budgetary, accounting, purchasing,
payroll, information technology, and legal support services, to the office
as necessary to carry out the purposes of this chapter.
(c) The office, in
accordance with the rules and procedures of the Legislative Budget Board,
shall prepare, approve, and submit a legislative appropriations request
that is separate from the legislative appropriations requests for the
Commission on Jail Standards and the department and that is used to develop
the office's budget structure. The office shall maintain the legislative
appropriations request and budget structure separately from those of the
Commission on Jail Standards and the department.
SUBCHAPTER B. APPOINTMENT
AND MANAGEMENT OF OFFICE
Sec. 512.051. APPOINTMENT
OF OMBUDSMAN. (a) The governor shall appoint the ombudsman with the
advice and consent of the senate for a term of two years, expiring February
1 of each odd-numbered year.
(b) A person appointed as
ombudsman is eligible for reappointment, provided that the person may not
serve more than three terms in that capacity.
Sec. 512.052.
ASSISTANTS. The ombudsman may appoint assistants to perform, under the
direction of the ombudsman, the same duties and exercise the same powers as
the ombudsman.
Sec. 512.053. CONFLICT OF
INTEREST. (a) 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;
(2) owns or controls,
directly or indirectly, any interest in a business entity or other
organization receiving funds from the department or the office; or
(3) uses or receives any
amount of tangible goods, services, or funds from the department or the
office.
(b) A person may not
serve as ombudsman or as an assistant ombudsman if the person or the
person's spouse 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.
(c) A person may not
serve as ombudsman or as an assistant ombudsman if the person or the
person's spouse is an officer, employee, manager, or paid consultant of a
Texas trade association in the field of criminal or juvenile justice.
(d) In this section,
"Texas trade association" means a nonprofit, 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.
Sec. 512.054. REPORT.
(a) The ombudsman shall submit a quarterly report to the governor, the
lieutenant governor, the state auditor, and each member of the legislature
that is both aggregated and disaggregated by individual facility and
describes:
(1) the work of the
ombudsman and office;
(2) the results of any review
or investigation undertaken by the ombudsman, including any review or
investigation of services contracted by the department; and
(3) any recommendations
that the ombudsman has regarding:
(A) the duties of the
ombudsman; or
(B) the operations of the
department.
(b) The ombudsman shall
immediately report to the governor, the lieutenant governor, the speaker of
the house of representatives, the state auditor, and the office of the
inspector general of the department any particularly serious or flagrant:
(1) case of abuse or
injury of an offender;
(2) problem concerning
the administration of a department program or operation;
(3) problem concerning
the delivery of services in a facility operated by or under contract with
the department; or
(4) interference by the
department with an investigation conducted by the office.
Sec. 512.055.
COMMUNICATION AND CONFIDENTIALITY. (a) The department shall allow any
offender to communicate with the ombudsman or an assistant ombudsman. 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 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 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.
Sec. 512.058. AUTHORITY
OF STATE AUDITOR. The office is subject to audit by the state auditor in
accordance with Chapter 321.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 512.101. POWERS AND
DUTIES. (a) The ombudsman shall:
(1) review the procedures
established by the department and evaluate the delivery of services to
offenders to ensure that the rights of offenders are fully observed;
(2) review complaints
filed with the office concerning the actions of the department and
investigate each complaint in which it appears that an offender maybe in
need of assistance from the ombudsman;
(3) conduct
investigations of complaints, other than complaints alleging criminal
behavior, if the ombudsman determines that:
(A) an offender or an offender's
family may be in need of assistance from the ombudsman; or
(B) a systemic issue in
the department's provision of services is raised by a complaint;
(4) conduct audits to
ensure compliance with the Prison Rape Elimination Act of 2003 (42 U.S.C.
Section 15601 et seq.) and any regulation adopted under that act, including
28 C.F.R. Part 115;
(5) 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;
(6) 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;
(7) review court orders
as necessary to fulfill the ombudsman's duties;
(8) recommend changes in
any procedure relating to the treatment of offenders;
(9) make appropriate
referrals under any of the powers and duties listed in this subsection; and
(10) supervise an
assistant ombudsman in the assistant's representation of offenders in
internal administrative and disciplinary hearings.
(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.
Sec. 512.102. RETALIATION
PROHIBITED. The department may not discharge 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.
Sec. 512.103. TRAINING.
The ombudsman shall attend annual training sessions, including any required
training for correctional officers, and may participate in other
appropriate professional training.
SUBCHAPTER D. ACCESS TO
INFORMATION
Sec. 512.151. ACCESS TO
INFORMATION OF CERTAIN GOVERNMENTAL ENTITIES. (a) The department shall
allow the ombudsman access to the department's records relating to
offenders.
(b) The Department of
Public Safety and any local law enforcement agency shall allow the
ombudsman access to their records relating to any offender.
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.
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