ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2167: independent corrections ombudsman; oversight committee

Sponsor:  Representative Blackman, LD 6

Committee on Criminal Justice Reform

Overview

Establishes the Office of the Independent Corrections Ombudsman (Office).

History

The Arizona Department of Corrections (ADC) responsibilities encompass the various institutions, facilities and programs which are part of the correctional program.  The ADC is also responsible for providing supervisory staff and administrative functions relating to the institutionalization, rehabilitation and community supervision functions of all adult offenders (A.R.S. § 41-1602).   

Provisions

1.   Adds Chapter 16 (Office of the Independent Corrections Ombudsman) to Title 41 (State Government) statutes.

Powers and Duties of the Office of the Independent Corrections Ombudsman

2.   Establishes the Office. (Sec. 1)

3.   Requires the Office to:

a)   Provide information, as appropriate, to inmates, family members, inmate representatives, Department employees and contractors and other persons regarding the rights of prisoners;

b)   Monitor the conditions of confinement and assess compliance with federal and state rules, policies and best practices relating to inmate health, safety, welfare and rehabilitation;

c)   Provide technical assistance to support inmate participation in self-advocacy;

d)   Provide technical assistance to local governments in establishing jail oversight bodies, on request;

e)   Establish a statewide uniform reporting system to collect and analyze data related to specified complaints;

f) Establish procedures to gather stakeholder input;

g)   Create inspection schedules for facilities and make publicly available facility inspection reports;

h)   Monitor capital improvement projects and needs; and

i)   Review, monitor and report on ADC's administrative remedies process. (Sec. 1)

4.   Authorizes the Office to hire staff, contract experts, secure office space and equipment, and secure other necessary services to carry out the duties of the Office. (Sec. 1)

5.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires the Office to meet quarterly with the members of the correctional oversight committee, the Governor and the ADC director, and, upon request, with specified members of the Legislature. (Sec. 1)

6.   Outlines the selection process, qualifications and term limits of the Ombudsman. (Sec. 1)

The Correctional Oversight Committee

7.   Establishes the Correctional Oversight Committee (Committee). (Sec. 1)

8.   Outlines the Committee's membership, member qualifications, meeting schedule, terms and term limits. (Sec. 1)

9.   Authorizes the Committee to select the Ombudsman after a public hearing and a majority vote of the members. (Sec. 1)

10.  Requires the Committee to hold quarterly public hearings to review and discuss any data, reports or findings of the Office that the Committee deems relevant. (Sec. 1)

11.  Requires the Committee to hold one public meeting each year to present, review and discuss the Office's annual report on inspections, findings, reports and recommendations. (Sec. 1)

12.  Directs the Committee to conduct random, unannounced biannual facility inspections and visit a different facility on each inspection. (Sec. 1)

13.  Requires ADC to grant the Committee full access to the facility, inmates and staff for the inspections. (Sec. 1)

14.  Requires the committee co-chairpersons to meet with the Governor and ADC director at least two times each year to report on the work and findings of the Committee. (Sec. 1)

15.  Authorizes the Committee to issue subpoenas to ADC for records or for ADC's staff to appear and testify before the Committee. (Sec. 1)

Subpoena Authority of the Office of the Independent Corrections Ombudsman

16.  Authorizes the Office to have the same access to records, facilities, staff and inmates as the ADC director. (Sec. 1)

17.  Directs ADC to allow the Office to meet and communicate privately and confidentially with inmates and states the communication between the Office and inmates is not accessible to ADC employees. (Sec. 1)

18.  Grants the Office the authority to access, inspect and copy all ADC information that the Office considers necessary to investigate a complaint. (Sec. 1)

19.  Requires ADC to comply with requests from the Office for information and to provide the Office with access to records within 20 business days of the Office's written request. (Sec. 1)

20.  Authorizes the Office to issue subpoenas to ADC for records. (Sec. 1)

Confidential Communications

21.  States all communication with the Office or the Committee are confidential and privileged. (Sec. 1)

22.  Directs the Office to establish confidentiality rules and procedures to protect the complainants' identities. (Sec. 1)

Inspection Authority of the Office of the Independent Corrections Ombudsman

23.  Requires the Office to inspect each facility and release a public report within two years of the effective date of this act. (Sec. 1)

24.  Outlines the inspection requirements, report requirements and the inspection schedule. (Sec. 1)

25.  Requires the Office to make inspection reports publicly available and submit copies of the reports to the Governor, Attorney General, Legislature, Committee, ADC director and Secretary of State. (Sec. 1)

26.  Directs the Office to establish a three-tiered facility classification system and assign the facility to a classification after each visit. (Sec. 1)

27.  Requires ADC to respond in writing within 20 business days after the inspection report is issued and to include a corrective action plan, if needed, in the response. (Sec. 1)

Investigation Authority of the Office of the Independent Corrections Ombudsman

28.  Allows the Office to initiate an investigation on its own initiative or after receiving a complaint describing an issue that may adversely affect inmate health, safety, welfare and rights relating to the following concerns:

a)   Abuse or neglect;

b)   Confinement conditions;

c)   ADC decisions or administrative actions;

d)   ADC policies, rules or procedures; or

e)   Alleged law violations by ADC staff. (Sec. 1)

29.  States the Office may decline to investigate a complaint but must write to the complainant of the decision and the reasons for the decision. (Sec. 1)

30.  Requires the Office to decline to investigate a complaint from an inmate if the inmate has failed first to use ADC's inmate grievance resolution policies, unless the inmate can provide evidence that the complaint is legitimate and the inmate attempted to resolve the complaint but was impeded by no fault of the inmate. (Sec. 1)

31.  Requires the Office to inform an inmate of ADC's policies to resolve grievances and to provide the inmate with information and forms necessary to resolve the grievance. (Sec. 1)

32.  Prohibits the Office from investigating an inmate's underlying criminal conviction. (Sec. 1)

33.  Specifies the Office may only investigate complaints from ADC staff if the complaint relates to inmate health, safety, welfare or rehabilitation. (Sec. 1)

34.  Allows the Office to refer the complainant to appropriate resources or state, tribal or federal agencies. (Sec. 1)

35.  Prohibits the Office from assessing fees for the submission or investigation of a complaint. (Sec. 1)

36.  Requires the Office to make a public decision on the merits of each complaint, except that the documents supporting the decision are subject to confidentiality provisions. (Sec. 1)

37.  Requires the Office to notify the inmate and ADC of the decision and meet with ADC, if necessary, before publicly releasing the decision. (Sec. 1)

38.  Specifies if the Office recommends ADC take a specific action, then the Office must state the recommendations and reasoning. (Sec. 1)

39.  Requires ADC to inform the Office of any actions taken, or not taken, after receiving the Office's decision and recommendation. (Sec. 1)

40.  Directs the Office to inform the Governor, Attorney General, Legislature, ADC Director, Committee and Secretary of State if the Office found through an investigation a significant issue regarding inmate health, safety, welfare or rehabilitation. (Sec. 1)

41.  Prohibits ADC employees from retaliating against a person who filed a complaint and authorizes the Office to investigate retaliation complaints. (Sec. 1)

 

 

Annual Report

42.  Requires the Office to provide an annual report to the Governor, Attorney General, Legislature, Committee, ADC director and Secretary of State on the Office's activities. (Sec. 1)

43.  Outlines the annual report's requirements. (Sec. 1)

Inmate and Family Member Complaint Forms and Hotline

44.  Directs the Office to create secure, online forms for people to submit complaints and inquiries regarding eligible issues on behalf of an inmate. (Sec. 1)

45.  Directs the Office to create forms, in paper and on ADC's intranet, for inmates to submit complaints and inquiries regarding eligible issues. (Sec. 1)

46.  States ADC must make the inmate form available on paper or electronically, without electronic monitoring, to inmates. (Sec. 1)

47.  Directs the Office to establish telephone hotlines to receive complaints and inquiries. (Sec. 1)

48.  Outlines the procedure for processing complaints received from the hotlines or forms. (Sec. 1)

Miscellaneous

49.  Defines relevant terms.  (Sec. 1)

50.  Terminates the Office on July 1, 2031. (Sec. 2)

51.  Repeals Title 41, Chapter 16 on January 1, 2032. (Sec. 2)

52.  Establishes the initial terms of the Committee. (Sec. 3)

53.  Contains a legislative intent clause. (Sec. 4)

54.  Appropriates $1,500,000 annually from the state General Fund to the Office for expenses until fiscal year 2026 and exempts the appropriations from lapsing. (Sec. 5) 

 

 

 

---------- DOCUMENT FOOTER ---------

                  HB 2167

Initials LC/JR        Page 0 Criminal Justice Reform

 

---------- DOCUMENT FOOTER ---------