General Assembly Raised Bill No. 1541 proposes significant amendments to the Office of the Correction Ombuds, primarily extending the Ombuds' initial term from two years to four years to align with the Governor's term and allowing for reappointment. The bill clarifies the definition of "ombuds services" to encompass evaluating services for incarcerated individuals, reviewing nonemergency procedures, and conducting unrestricted site visits to correctional facilities, even during emergencies. It also ensures that the Governor cannot reduce appropriations for the office and modifies the complaint investigation process, granting the Ombuds the authority to determine the necessity of investigations and requiring corroboration from various sources. The Ombuds is mandated to provide opportunities for the Commissioner of Correction to respond to concerns before publicizing findings, thereby enhancing oversight and accountability within correctional facilities.

Additionally, the bill introduces measures to protect the confidentiality of communications between incarcerated individuals and the Ombuds, while allowing for the disclosure of general findings without identifying information. It empowers the Ombuds to issue subpoenas for witness testimony and document production, and to privately communicate with individuals in custody. The bill also imposes stricter obligations on correction officers regarding the reporting of excessive or illegal use of force, requiring them to intervene and report such incidents, with penalties for non-compliance. Furthermore, it mandates the development of a plan for implementing body-worn recording equipment in correctional facilities by January 1, 2026, and outlines new procedures for filing malpractice claims against the state related to injuries suffered by incarcerated individuals, streamlining the legal process for these cases. Overall, Raised Bill No. 1541 aims to enhance the legal framework surrounding correctional facilities and the treatment of incarcerated individuals while ensuring their rights are protected.

Statutes affected:
Raised Bill: 18-81qq, 18-81nn, 4-160