85R9803 JRR-D By: Rose H.B. No. 3844 A BILL TO BE ENTITLED AN ACT relating to the independent ombudsman for county jails. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle G, Title 4, Government Code, is amended by adding Chapter 512 to read as follows: CHAPTER 512. INDEPENDENT OMBUDSMAN FOR COUNTY JAILS SUBCHAPTER A. GENERAL PROVISIONS Sec. 512.001. DEFINITIONS. In this chapter: (1) "County jail" means a facility operated by or for a county for the confinement of persons accused or convicted of an offense. (2) "Independent ombudsman" means the individual appointed under Chapter 261, Human Resources Code, to the office of independent ombudsman. (3) "Office" means the office of independent ombudsman created under Chapter 261, Human Resources Code. (4) "Prisoner" means a person confined in a county jail. Sec. 512.002. PURPOSE. An additional purpose of the office of independent ombudsman established under Chapter 261, Human Resources Code, is investigating, evaluating, and securing the rights of prisoners. Sec. 512.003. INDEPENDENCE. The independent ombudsman in the performance of the ombudsman's duties and powers under this chapter acts independently of each county under the ombudsman's oversight, including the commissioners court or sheriff of a county and any division, department, or other body that is part of a county. SUBCHAPTER B. MANAGEMENT OF OFFICE Sec. 512.051. CONFLICT OF INTEREST. (a) In addition to the reasons specified by Section 261.053, Human Resources Code, a person may not serve as independent ombudsman or as an assistant to the independent 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 a sheriff's department; (2) owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from a sheriff's department; or (3) uses or receives any amount of tangible goods, services, or funds from a sheriff's department. (b) A person may not serve as independent ombudsman or as an assistant to the independent ombudsman if the person or the person's spouse is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of a sheriff's department. Sec. 512.052. REPORT. (a) The independent ombudsman shall submit on a quarterly basis to the governor, the lieutenant governor, each member of the legislature, and the Commission on Jail Standards a report that is both aggregated and disaggregated by county jail and describes: (1) the work of the independent ombudsman under this chapter; (2) the results of any review or investigation undertaken by the independent ombudsman under this chapter; and (3) any recommendations that the independent ombudsman has in relation to the duties of the independent ombudsman under this chapter. (b) The independent ombudsman shall immediately report to the governor, the lieutenant governor, the speaker of the house of representatives, the Commission on Jail Standards, and the commissioners court of the applicable county any particularly serious or flagrant: (1) case of abuse or injury of a prisoner; (2) problem concerning the administration of a county jail program or operation; (3) problem concerning the delivery of services in a county jail; or (4) interference by a county with an investigation conducted by the office under this chapter. Sec. 512.053. COMMUNICATION AND CONFIDENTIALITY. (a) The sheriff of a county shall allow any prisoner to communicate with the independent ombudsman or an assistant to the independent 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 independent ombudsman under this chapter are confidential, except that the independent ombudsman shall: (1) share a communication made by a prisoner that may involve the abuse or neglect of the prisoner with the appropriate prosecutor of the county in which the prisoner is confined; and (2) disclose its nonprivileged records if required by a court order on a showing of good cause. (c) The independent ombudsman may make reports relating to an investigation under this chapter public after the investigation is complete but only if the names of all prisoners, family members, and employees are redacted from the report and remain confidential. (d) The name, address, or other personally identifiable information of a person who files a complaint under this chapter with the office, information generated by the office in the course of an investigation under this chapter, and confidential records obtained by the office are confidential and not subject to disclosure under Chapter 552, Government Code, 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 the appropriate person if the office determines that disclosure is: (1) in the public interest; (2) necessary to enable the office to perform the responsibilities provided under this section; or (3) necessary to identify, prevent, or treat the abuse or neglect of a prisoner. Sec. 512.054. PROMOTION OF AWARENESS OF OFFICE. The independent ombudsman shall promote awareness among the public and prisoners of: (1) how the office may be contacted; (2) the office's purposes under this chapter; and (3) the services the office provides under this chapter. Sec. 512.055. RULEMAKING AUTHORITY. The office shall adopt rules necessary to implement Section 512.056, including rules that establish procedures for county jails to review and comment on reports of the office and for county jails to expedite or eliminate review of and comment on a report due to an emergency or a serious or flagrant circumstance described by Section 512.052(b). Sec. 512.056. REVIEW AND FORMAT OF REPORTS. (a) The office shall accept, both before and after publication, comments from a county jail concerning the following types of reports published by the office under this chapter: (1) the office's quarterly report under Section 512.052(a); (2) reports concerning serious or flagrant circumstances under Section 512.052(b); and (3) any other formal reports containing findings and making recommendations concerning systemic issues that affect a county jail. (b) A county jail or sheriff may not submit comments under Subsection (a) after the 30th day after the date the report on which the jail or sheriff is commenting is published. (c) The office shall ensure that reports described by Subsection (a) are in a format to which the county jail or sheriff can easily respond. (d) After receipt of comments under this section, the office is not obligated to change any report or change the manner in which the office performs the duties of the office under this chapter. SUBCHAPTER C. DUTIES AND POWERS Sec. 512.101. DUTIES AND POWERS. (a) Notwithstanding any limitation imposed by Section 261.101, Human Resources Code, and in addition to the independent ombudsman's duties under that section, the independent ombudsman shall: (1) review the procedures established by county jails and evaluate the delivery of services to prisoners to ensure that the rights of prisoners are fully observed; (2) review complaints filed with the independent ombudsman concerning the actions of a county jail and investigate each complaint in which it appears that a prisoner may be in need of assistance from the independent ombudsman; (3) conduct investigations of complaints, other than complaints alleging criminal behavior, if the office determines that: (A) a prisoner or a prisoner's family may be in need of assistance from the office; or (B) a systemic issue in a county jail's provision of services is raised by a complaint; (4) provide assistance to a prisoner or family member who the independent ombudsman determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the prisoner; (5) recommend changes in any procedure relating to the treatment of prisoners; (6) make appropriate referrals under any of the duties and powers listed in this subsection; (7) supervise assistants who are serving as advocates in their representation of prisoners in internal administrative and disciplinary hearings; and (8) immediately report substantiated findings of any investigation related to the health or safety of a prisoner to the sheriff and commissioners court of the county in which the prisoner is confined. (b) The independent ombudsman may apprise persons who are interested in a prisoner's welfare of the rights of the prisoner. (c) To assess if a prisoner's rights have been violated, the independent ombudsman may, in any matter that does not involve alleged criminal behavior: (1) contact or consult with an administrator, employee, family member, expert, another prisoner, or any other individual in the course of the ombudsman's investigation or to secure information; and (2) conduct confidential interviews with persons described by Subdivision (1), review official documents, files, and logs maintained by a county jail, and inspect any part of a county jail at any time. (d) Notwithstanding any other provision of this chapter, the independent ombudsman may not investigate alleged criminal behavior. Sec. 512.102. TREATMENT OF EMPLOYEES WHO COOPERATE WITH INDEPENDENT OMBUDSMAN. (a) A county may not discharge or in any manner discriminate or retaliate against an employee who in good faith makes a complaint to the office or cooperates with the office in an investigation under this chapter. (b) The commissioners court of a county shall adopt policies to protect from adverse employment action a county employee who in good faith makes a complaint to the office or cooperates with the office in an investigation under this chapter. Sec. 512.103. MEMORANDUM OF UNDERSTANDING. The office and the Commission on Jail Standards shall enter into a memorandum of understanding concerning: (1) the most efficient manner in which to share information with one another; and (2) opportunities for collaboration between the office and the commission. SUBCHAPTER D. ACCESS TO INFORMATION Sec. 512.151. ACCESS TO INFORMATION OF GOVERNMENTAL ENTITIES. (a) A county jail shall allow the independent ombudsman access to the jail's records relating to prisoners. (b) The Department of Public Safety and any local law enforcement agency shall allow the independent ombudsman access to its records relating to a prisoner. Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES. The independent ombudsman shall have access to the records of a private entity that relate to a prisoner. SECTION 2. This Act takes effect September 1, 2017.