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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: RAGE DPA 7-0-0-0 | 3rd Read 23-5-2-0 |
SB 1507: independent corrections ombudsman; auditor general
Sponsor: Senator Bolick, LD 2
Committee on Government
Overview
Establishes the Office of the Independent Corrections Ombudsman (Office).
History
The Arizona Department of Corrections' (Department) responsibilities encompass the various institutions, facilities and programs of the correctional program. The Department 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
Appointing a Director
1. Establishes the Office of the Independent Corrections Ombudsman within the Office of the Ombudsman-Citizens Aide. (Sec. 1)
2. Requires the Governor, with advice and consent of the Senate, to appoint a qualified person with corrections-related law and policy experience to serve as director of the Office. (Sec. 1)
3. Makes the director's term of office 5 years. (Sec. 1)
4. Outlines the process for the Legislature or Governor to remove the director for neglect of duty, misconduct or inability to perform their duties. (Sec. 1)
5. Prohibits a person from being appointed director if they or their spouse have specified interests in employment, ownership or lobbying related to receiving money, goods or services from the Department. (Sec. 1)
Duties and Functions of the Office
6. Outlines the Office's duties such as monitoring confinement conditions, providing information about inmate's rights, accepting complaints and submitting an annual report. (Sec. 1)
7. Authorizes the Office to initiate and attempt to resolve an investigation on its own initiative or after receiving complaints relating to specified issues that adversely affect inmate health, safety, welfare and rights. (Sec. 1)
8. Allows the Office to decline investigating a complaint and requires the Office to notify the complainant of their decision and reasoning. (Sec. 1)
9. Prohibits the Office from investigating complaints relating to an inmate's underlying criminal conviction or a complaint from a Department employee or contractor about their employment relationship unless it relates to inmate health, safety, welfare or rehabilitation. (Sec. 1)
10. Allows the Office to refer complainants to appropriate resources or state, tribal and federal agencies. (Sec. 1)
11. Prohibits the Office from levying fees for the submission or investigation of complaints. (Sec. 1)
12. Requires the office remain neutral, impartial and not act as an advocate for complainants or the Department. (Sec. 1)
13. Directs the Office to render a public decision after investigating a complaint and inform the inmate and the Department of its decision. (Sec. 1)
14. Requires the Office state recommendations and reasoning from their decision and if the Department or its employees or contractors must take additional action. (Sec. 1)
15. Directs the Department to notify within the specified time period the Office about any actions taken based on the Office's recommendation or reasons for not complying with the recommendation. (Sec. 1)
16. Outlines reporting requirements if the office believes there has been or continues to be significant inmate health, safety, welfare or rehabilitation issues. (Sec. 1)
17. Prohibits the Office from announcing a conclusion or recommendation that criticizes a person or the Department without first consulting with them. (Sec. 1)
18. Allows the Office to be notified by the Department of any actions taken based on the Office's recommendation within a specified time. (Sec. 1)
19. States communication between the Office and the Department are confidential and privileged. (Sec. 1)
20. Mandates the office establish confidentiality rules and procedures for information maintained by the Office to protect complainants' information. (Sec. 1)
21. Allows the Office to reveal information to prevent death, substantial bodily harm or prevent the commission of a crime. (Sec. 1)
22. Requires the Office to provide a copy of the intended disclosure of information to the Department for review before releasing the information. (Sec. 1)
23. Prohibits the office from disclosing personally identifying information obtained during an investigation that is unrelated or unnecessary to the investigation. (Sec. 1)
24. Provides the Office access in the same manner as the director of the Department, with or without prior notice to all facilities, programs, inmates, staff and contractors at reasonable times to conduct interviews, inspections or provide information about individual rights and services. (Sec. 1)
25. Authorizes the Office to have access to all relevant information of the Department necessary to investigate a complaint and requires the Department assist the Office in obtaining the release of restricted or privileged documents for use by the Office. (Sec. 1)
26. Requires, following a written notice from the Office, that Department records must be provided within 20 business days except for specified situations which the records must be provided in 5 days unless the Office consents to a Department request for a timeframe extension. (Sec. 1)
27. Directs the Office to work with the Department to minimize interruptions due to their activity and comply with reasonable security clearance processes if they do not impede the Office's activities. (Sec. 1)
28. Requires the Office be independent of supervision or control by the Office of the Ombudsman-Citizen Aide or its board or officers. (Sec. 1)
29. States the Office's action or lack of action on a complaint is not deemed an administrative procedure required for exhaustion of remedies before bringing specified actions. (Sec. 1)
Subpoena Authority
30. Authorizes the Office to issue subpoenas to the Department for records, documents or data in the possession of the Department or its staff, contractors or representatives. (Sec. 1)
31. States subpoenas can be enforced in the same manner as a subpoena in a civil action. (Sec. 1)
32. Stipulates that if the Department does not comply with a subpoena the Office may pursue the enforcement of the subpoena in court or refer it to specified members of the Legislature for enforcement. (Sec. 1)
Appropriation
33. Appropriates $1,500,000 from the state General Fund in FY 2026 to the Office. (Sec. 4)
34. States the Legislature's intent for the appropriation to be considered ongoing funding in future years. (Sec. 4)
35. Exempts the appropriation from lapsing. (Sec. 4)
Miscellaneous
36. Removes the director of the Department's yearly reporting requirements related to correctional facilities. (Sec. 2)
37. Repeals the Auditor General's annual review of the Department's compliance. (Sec. 3)
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SB 1507
Initials JH/MB Page 0 Government
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