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A BILL TO BE ENTITLED
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AN ACT
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relating to the independent ombudsman for county jails. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 4, Government Code, is amended |
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by adding Chapter 512 to read as follows: |
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CHAPTER 512. INDEPENDENT OMBUDSMAN FOR COUNTY JAILS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 512.001. DEFINITIONS. In this chapter: |
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(1) "County jail" means a facility operated by or for a |
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county for the confinement of persons accused or convicted of an |
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offense. |
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(2) "Independent ombudsman" means the individual |
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appointed under Chapter 261, Human Resources Code, to the office of |
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independent ombudsman. |
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(3) "Office" means the office of independent ombudsman |
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created under Chapter 261, Human Resources Code. |
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(4) "Prisoner" means a person confined in a county |
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jail. |
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Sec. 512.002. PURPOSE. An additional purpose of the office |
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of independent ombudsman established under Chapter 261, Human |
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Resources Code, is investigating, evaluating, and securing the |
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rights of prisoners. |
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Sec. 512.003. INDEPENDENCE. The independent ombudsman in |
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the performance of the ombudsman's duties and powers under this |
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chapter acts independently of each county under the ombudsman's |
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oversight, including the commissioners court or sheriff of a county |
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and any division, department, or other body that is part of a |
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county. |
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SUBCHAPTER B. MANAGEMENT OF OFFICE |
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Sec. 512.051. CONFLICT OF INTEREST. (a) In addition to the |
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reasons specified by Section 261.053, Human Resources Code, a |
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person may not serve as independent ombudsman or as an assistant to |
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the independent ombudsman if the person or the person's spouse: |
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(1) is employed by or participates in the management |
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of a business entity or other organization receiving funds from a |
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sheriff's department; |
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(2) owns or controls, directly or indirectly, any |
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interest in a business entity or other organization receiving funds |
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from a sheriff's department; or |
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(3) uses or receives any amount of tangible goods, |
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services, or funds from a sheriff's department. |
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(b) A person may not serve as independent ombudsman or as an |
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assistant to the independent ombudsman if the person or the |
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person's spouse is required to register as a lobbyist under Chapter |
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305, Government Code, because of the person's activities for |
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compensation on behalf of a profession related to the operation of a |
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sheriff's department. |
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Sec. 512.052. REPORT. (a) The independent ombudsman shall |
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submit on a quarterly basis to the governor, the lieutenant |
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governor, each member of the legislature, and the Commission on |
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Jail Standards a report that is both aggregated and disaggregated |
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by county jail and describes: |
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(1) the work of the independent ombudsman under this |
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chapter; |
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(2) the results of any review or investigation |
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undertaken by the independent ombudsman under this chapter; and |
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(3) any recommendations that the independent |
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ombudsman has in relation to the duties of the independent |
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ombudsman under this chapter. |
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(b) The independent ombudsman shall immediately report to |
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the governor, the lieutenant governor, the speaker of the house of |
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representatives, the Commission on Jail Standards, and the |
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commissioners court of the applicable county any particularly |
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serious or flagrant: |
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(1) case of abuse or injury of a prisoner; |
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(2) problem concerning the administration of a county |
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jail program or operation; |
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(3) problem concerning the delivery of services in a |
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county jail; or |
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(4) interference by a county with an investigation |
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conducted by the office under this chapter. |
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Sec. 512.053. COMMUNICATION AND CONFIDENTIALITY. (a) The |
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sheriff of a county shall allow any prisoner to communicate with the |
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independent ombudsman or an assistant to the independent ombudsman. |
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The communication: |
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(1) may be in person, by mail, or by any other means; |
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and |
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(2) is confidential and privileged. |
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(b) The records of the independent ombudsman under this |
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chapter are confidential, except that the independent ombudsman |
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shall: |
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(1) share a communication made by a prisoner that may |
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involve the abuse or neglect of the prisoner with the appropriate |
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prosecutor of the county in which the prisoner is confined; and |
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(2) disclose its nonprivileged records if required by |
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a court order on a showing of good cause. |
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(c) The independent ombudsman may make reports relating to |
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an investigation under this chapter public after the investigation |
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is complete but only if the names of all prisoners, family members, |
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and employees are redacted from the report and remain confidential. |
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(d) The name, address, or other personally identifiable |
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information of a person who files a complaint under this chapter |
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with the office, information generated by the office in the course |
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of an investigation under this chapter, and confidential records |
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obtained by the office are confidential and not subject to |
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disclosure under Chapter 552, Government Code, except that the |
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information and records, other than confidential information and |
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records concerning a pending law enforcement investigation or |
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criminal action, may be disclosed to the appropriate person if the |
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office determines that disclosure is: |
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(1) in the public interest; |
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(2) necessary to enable the office to perform the |
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responsibilities provided under this section; or |
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(3) necessary to identify, prevent, or treat the abuse |
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or neglect of a prisoner. |
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Sec. 512.054. PROMOTION OF AWARENESS OF OFFICE. The |
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independent ombudsman shall promote awareness among the public and |
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prisoners of: |
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(1) how the office may be contacted; |
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(2) the office's purposes under this chapter; and |
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(3) the services the office provides under this |
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chapter. |
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Sec. 512.055. RULEMAKING AUTHORITY. The office shall adopt |
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rules necessary to implement Section 512.056, including rules that |
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establish procedures for county jails to review and comment on |
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reports of the office and for county jails to expedite or eliminate |
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review of and comment on a report due to an emergency or a serious or |
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flagrant circumstance described by Section 512.052(b). |
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Sec. 512.056. REVIEW AND FORMAT OF REPORTS. (a) The office |
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shall accept, both before and after publication, comments from a |
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county jail concerning the following types of reports published by |
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the office under this chapter: |
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(1) the office's quarterly report under Section |
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512.052(a); |
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(2) reports concerning serious or flagrant |
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circumstances under Section 512.052(b); and |
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(3) any other formal reports containing findings and |
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making recommendations concerning systemic issues that affect a |
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county jail. |
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(b) A county jail or sheriff may not submit comments under |
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Subsection (a) after the 30th day after the date the report on which |
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the jail or sheriff is commenting is published. |
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(c) The office shall ensure that reports described by |
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Subsection (a) are in a format to which the county jail or sheriff |
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can easily respond. |
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(d) After receipt of comments under this section, the office |
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is not obligated to change any report or change the manner in which |
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the office performs the duties of the office under this chapter. |
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SUBCHAPTER C. DUTIES AND POWERS |
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Sec. 512.101. DUTIES AND POWERS. (a) Notwithstanding any |
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limitation imposed by Section 261.101, Human Resources Code, and in |
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addition to the independent ombudsman's duties under that section, |
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the independent ombudsman shall: |
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(1) review the procedures established by county jails |
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and evaluate the delivery of services to prisoners to ensure that |
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the rights of prisoners are fully observed; |
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(2) review complaints filed with the independent |
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ombudsman concerning the actions of a county jail and investigate |
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each complaint in which it appears that a prisoner may be in need of |
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assistance from the independent ombudsman; |
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(3) conduct investigations of complaints, other than |
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complaints alleging criminal behavior, if the office determines |
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that: |
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(A) a prisoner or a prisoner's family may be in |
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need of assistance from the office; or |
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(B) a systemic issue in a county jail's provision |
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of services is raised by a complaint; |
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(4) provide assistance to a prisoner or family member |
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who the independent ombudsman determines is in need of assistance, |
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including advocating with an agency, provider, or other person in |
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the best interests of the prisoner; |
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(5) recommend changes in any procedure relating to the |
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treatment of prisoners; |
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(6) make appropriate referrals under any of the duties |
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and powers listed in this subsection; |
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(7) supervise assistants who are serving as advocates |
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in their representation of prisoners in internal administrative and |
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disciplinary hearings; and |
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(8) immediately report substantiated findings of any |
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investigation related to the health or safety of a prisoner to the |
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sheriff and commissioners court of the county in which the prisoner |
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is confined. |
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(b) The independent ombudsman may apprise persons who are |
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interested in a prisoner's welfare of the rights of the prisoner. |
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(c) To assess if a prisoner's rights have been violated, the |
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independent ombudsman may, in any matter that does not involve |
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alleged criminal behavior: |
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(1) contact or consult with an administrator, |
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employee, family member, expert, another prisoner, or any other |
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individual in the course of the ombudsman's investigation or to |
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secure information; and |
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(2) conduct confidential interviews with persons |
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described by Subdivision (1), review official documents, files, and |
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logs maintained by a county jail, and inspect any part of a county |
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jail at any time. |
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(d) Notwithstanding any other provision of this chapter, |
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the independent ombudsman may not investigate alleged criminal |
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behavior. |
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Sec. 512.102. TREATMENT OF EMPLOYEES WHO COOPERATE WITH |
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INDEPENDENT OMBUDSMAN. (a) A county may not discharge or in any |
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manner discriminate or retaliate against an employee who in good |
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faith makes a complaint to the office or cooperates with the office |
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in an investigation under this chapter. |
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(b) The commissioners court of a county shall adopt policies |
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to protect from adverse employment action a county employee who in |
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good faith makes a complaint to the office or cooperates with the |
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office in an investigation under this chapter. |
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Sec. 512.103. MEMORANDUM OF UNDERSTANDING. The office and |
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the Commission on Jail Standards shall enter into a memorandum of |
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understanding concerning: |
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(1) the most efficient manner in which to share |
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information with one another; and |
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(2) opportunities for collaboration between the |
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office and the commission. |
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SUBCHAPTER D. ACCESS TO INFORMATION |
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Sec. 512.151. ACCESS TO INFORMATION OF GOVERNMENTAL |
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ENTITIES. (a) A county jail shall allow the independent ombudsman |
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access to the jail's records relating to prisoners. |
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(b) The Department of Public Safety and any local law |
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enforcement agency shall allow the independent ombudsman access to |
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its records relating to a prisoner. |
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Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES. |
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The independent ombudsman shall have access to the records of a |
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private entity that relate to a prisoner. |
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SECTION 2. This Act takes effect September 1, 2017. |