Bill Summary – FastDemocracy

SECOND REGULAR SESSION
                        HOUSE BILL NO. 1616
                               103RD GENERAL ASSEMBLY


                                INTRODUCED BY REPRESENTATIVE ALLEN.

     4370H.02I                                                                    JOSEPH ENGLER, Chief Clerk


                                                AN ACT
     To repeal sections 217.025 and 217.165, RSMo, and to enact in lieu thereof fourteen new
            sections relating to the department of corrections.


     Be it enacted by the General Assembly of the state of Missouri, as follows:

             Section A. Sections 217.025 and 217.165, RSMo, are repealed and fourteen new
 sections enacted in lieu thereof, to be known as sections 217.025, 217.165, 218.010, 218.015,
 218.017, 218.018, 218.019, 218.020, 218.035, 218.040, 218.050, 218.055, 218.060, and
 218.065, to read as follows:
             217.025. 1. The general supervision, management and control of the department of
 corrections shall be in the director of corrections, who shall be appointed by the governor, by
 and with the advice and consent of the senate, which shall include a hearing on the
 appointment with opportunity for public comment. Thirty days prior to the
 appointment of a director by the governor, the names and email addresses of all
 applicants shall be made available to the public. Applicants shall be encouraged to meet
 with department of corrections employee collective bargaining units and agents.
         2. The director shall be a person of recognized character and integrity, and have such
 education, training, proven executive ability and experience as will fit for the successful
 performance of the official duties of the director. The director shall have education, training
 and experience in correctional management. The director shall be a citizen of the United
 States, but need not be a resident of the state of Missouri at the time of appointment. Before
 entering into the official duties of office, the director shall take an oath or affirmation to
 support the Constitution of the United States and the Constitution of the State of Missouri and
 to faithfully demean himself or herself in the office of the director. The director shall enter

     EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
     intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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 into a good and sufficient corporate surety bond, payable to the state of Missouri, conditioned
 upon the faithful discharge and performance of the official duties of the director. The bond
 shall be approved by the attorney general as to form and by the governor as to its sufficiency.
 The premium on the bond shall be paid by the state. The director shall devote full time to the
 official duties of the director, with primary responsibility being to ensure that positive efforts
 are made to ensure the public safety. The secondary responsibility of the director shall be to
 institute various rehabilitative programs which should include, but are not limited to, the areas
 of education, vocational training, treatment, counseling and guidance and an overall approach
 aimed at reducing recidivism.
         3. The director shall establish the duties and responsibilities of employees of the
 department, shall supervise their work assignments and may require reports from any
 employee as to his conduct and management relating to the correctional centers and programs
 of the department. The director shall also be responsible for the implementation of uniform
 policies and procedures governing offenders and staff.
         4. The director shall have control and jurisdiction over all persons who are legally
 sentenced, assigned and committed to the custody and supervision of the department.
         5. The director shall have control and jurisdiction over all real estate, buildings,
 equipment, machinery, correctional centers and products properly belonging to, or used by, or
 in connection with any facility within the department except where such control and
 jurisdiction are reserved to others by law.
         6. The director shall make and enforce such rules, regulations, orders and findings as
 the director may deem necessary for the proper management of all correctional centers and
 persons subject to the department's control.
         7. The director shall establish and maintain correctional centers and units, as provided
 by appropriations, for the segregation of male and female offenders, and for the classification
 of offenders based on the level of security, supervision and program needs.
         8. The director shall prepare and submit an annual budget of all funds necessary to be
 expended by the department and by the divisions of the department.
         9. The director shall prepare and submit to the governor and the general assembly a
 written report of the administration of his duties, together with such recommendations and
 suggestions as the director may deem advisable. It may include projects, plans,
 accomplishments, together with statistics and summaries of financial receipts and
 expenditures. The director shall also advise the governor and the joint committee on
 corrections as to any improvements that may appear necessary for the efficiency, economy
 and general well-being of offenders, correctional centers, programs, and the department.
         10. The director shall initiate and direct the development of a long-range plan to
 provide comprehensive integrated programs to accomplish the purpose of this chapter.
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             217.165. 1. The department director shall in accordance with chapter 36 appoint for
 each correctional center a chief administrative officer. Prior to any such appointment, the
 director shall hold a meeting open to all currently employed staff of the facility and the
 leadership of any employee associations, except that no potential candidates for the chief
 administrator position shall attend. The director shall accept comments and input on
 the suitability of any candidate for the position of chief administrative officer and shall
 take into consideration such input when making an appointment decision.
         2. The director and the chief administrative officer of each correctional center
 shall ensure that correctional staff are represented and included in the hiring process
 for institutional administrative staff.
             218.010. For purposes of sections 218.010 to 218.065, the following terms mean:
         (1) "Committee", the corrections transparency committee established under
 section 218.020;
         (2) "Correctional staff", employees or contractors of the Missouri department of
 corrections;
         (3) "Covered issues", issues pertaining to the conditions in correctional centers,
 welfare of incarcerated people and correctional staff, or compliance with applicable
 federal, state, and local rules, regulations, policies, and best practices relating to the
 safety and welfare of incarcerated people and correctional staff and the rehabilitation of
 incarcerated people. "Covered issues" includes, but is not limited to:
         (a) Sanitation in correctional facilities;
         (b) Access to proper nutrition;
         (c) Livable temperatures in correctional facilities;
         (d) Emergency response;
         (e) Physical or sexual abuse or credible threats of physical or sexual abuse;
         (f) Violence and credible threats of violence;
         (g) Neglect;
         (h) Denial of rights afforded under federal or state law;
         (i) Access to visitation and communication with family;
         (j) Any instance in which the office determines an action or behavior constitutes
 abuse or neglect against incarcerated people or correctional staff;
         (k) Access to care or treatment for medical, mental health, or substance abuse
 issues; or
         (l) Access to educational, rehabilitative, or vocational programming or training,
 or access to employment in facilities by incarcerated people;
         (4) "Department", the department of corrections;
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       (5) "Family member", includes a grandparent, parent, sibling, spouse or
domestic partner, child, aunt, uncle, cousin, niece, nephew, grandchild, or any other
relative within the fourth degree, by consanguinity or affinity;
       (6) "Office", the independent office of corrections and transparency;
       (7) "Transparency advocate", the state advocate for incarcerated people in the
custody of the department of corrections.
           218.015. 1. There is hereby established the "Independent Office of Corrections
and Transparency". The office shall operate with only two full-time employees and
consist of two sections:
       (1) An inspection section, which shall be staffed by one full-time employee; and
       (2) A complaints investigation section, which shall be staffed by one full-time
employee.
       2. The office shall have the authority to:
       (1) Provide information, as appropriate, to incarcerated people, correctional
staff, family members of incarcerated people and correctional staff, and others
regarding the rights of incarcerated people and correctional staff;
       (2) Monitor conditions in correctional centers and assess department compliance
with applicable federal, state, and local rules, regulations, policies, and best practices as
related to the health, safety, and welfare of incarcerated people and correctional staff
and to the rehabilitation of incarcerated people;
       (3) Provide technical assistance to support incarcerated people and correctional
staff with the department or other relevant agencies;
       (4) Provide technical assistance to local governments in the creation of jail
oversight bodies, as requested;
       (5) Establish a statewide uniform reporting system to collect and analyze data
related to complaints received by the department and data related to the following:
       (a) Deaths, suicides, and suicide attempts by incarcerated people and by
correctional staff;
       (b) Physical and sexual assaults by incarcerated people and by correctional staff;
       (c) Numbers of incarcerated people placed in administrative segregation,
restrictive housing, solitary confinement, or otherwise confined twenty hours or more
per day, and the duration and reason for stay in such confinement;
       (d) Numbers of facility lockdowns lasting longer than twenty-four hours;
       (e) Numbers of correctional staff vacancies at each facility;
       (f) The ratio of incarcerated people to correctional staff at each facility;
       (g) Correctional staff tenure and turnover;
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          (h) Numbers of in-person visits to incarcerated people that were made and
 denied at each facility;
          (i) Types of programming with data disaggregated by program relating to
 participation, waiting lists, and exclusionary or inclusionary factors;
          (j) The number of contraband items confiscated and the types of contraband
 confiscated; and
          (k) Demographic data on the prison population disaggregated by race, ethnicity,
 gender, and age;
          (6) Promulgate reasonable rules and regulations for the administration and
 enforcement of sections 218.010 to 218.065;
          (7) Establish procedures to gather stakeholder input into the office's activities
 and priorities, which shall include, at a minimum, an annual thirty-day period for
 receipt of and office response to public comment;
          (8) Inspect each department facility at least once every year, and at least twice a
 year for each facility where the office has found cause for more frequent inspection or
 monitoring;
          (9) Publicly issue periodic facility inspection reports and an annual report with
 recommendations on the state of department facilities and a summary of data and
 recommendations arising from any complaints investigated and resolved under sections
 218.010 to 218.065 and any other thematic reports covering any topic the office finds
 relevant to running a safe, secure, and humane facility;
          (10) Investigate incidents within department facilities either on the office's own
 initiative or pursuant to a complaint;
          (11) Hire contractors and unpaid volunteers, and secure office space, equipment,
 and other services necessary to carry out the duties of the office under sections 218.010
 to 218.065;
          (12) Contract with experts as needed to assist in the monitoring and inspection of
 facilities, the assessment of data, and the review, inspection, or resolution of complaints;
          (13) Oversee all operations of the office and act as needed to implement the
 purposes of the office and to fulfill all requirements under this section; and
          (14) Prepare the budgets of the office in the form and manner set out by statute
 or by the commissioner of administration.
          3. The office's budget shall be funded, kept, and administered separately from
 that of the department, and the office's operations and functions shall be separate from
 those of the department.
          4. The transparency advocate shall develop a recusal process for staff and
 volunteers with parents, children, spouses, or domestic partners who are current
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 correctional staff, or who have themselves been correctional staff in the last five years,
 to avoid conflicts of interest around particular topics or facilities. A staff member or
 volunteer hired by the transparency advocate shall not be currently employed as
 correctional staff.
         5. The transparency advocate shall coordinate and collaborate with other state
 agencies and entities including, but not limited to, the state auditor, the department of
 natural resources, the POST commission, the office of administration, the department of
 health and senior services, and local building code enforcement agencies.
         6. Any rule or portion of a rule, as that term is defined in section 536.010, that is
 created under the authority delegated in this section shall become effective only if it
 complies with and is subject to all of the provisions of chapter 536 and, if applicable,
 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
 vested with the general assembly pursuant to chapter 536 to review, to delay the
 effective date, or to disapprove and annul a rule are subsequently held unconstitutional,
 then the grant of rulemaking authority and any rule proposed or adopted after August
 28, 2026, shall be invalid and void.
             218.017. 1. The committee, the transparency advocate, and any staff, contractor,
 or unpaid volunteer of the office shall have reasonable access, upon demand in person or
 in writing and with or without prior notice, to all department facilities, including all
 areas that are used or accessible to incarcerated people and correctional staff, and to
 programs for incarcerated people at reasonable times, which at a minimum shall
 include normal working hours and visiting hours. This authority includes the
 opportunity to conduct an interview with any incarcerated person, correctional staff, or
 other person. This access is for the purposes of:
         (1) Providing information about individual rights and the services available
 from the office, including contact information of the office and office staff;
         (2) Conducting official inspections under section 218.035;
         (3) Conducting official investigations under section 218.040; and
         (4) Inspecting, viewing, photographing, and video recording all areas of the
 facility that are used by incarcerated people or are accessible to incarcerated people.
         2. Access to incarcerated people and correctional staff includes the opportunity
 to meet and communicate privately and confidentially with individuals regularly, with
 or without prior notice, both formally and informally, by telephone, mail, electronic
 communication, and in person. In the case of communications with incarcerated people,
 these communications shall not be monitored by, recorded, or conducted in the presence
 of correctional staff.
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         3. The office has the right to access, inspect, and copy all relevant information,
 records, or documents in the possession or control of the department that the office
 considers necessary in an investigation of a complaint filed under this section, and the
 department shall assist the office in obtaining the necessary releases for those
 documents that are specifically restricted or privileged for use by the office.
         4. Following notification from the office with a written demand for access to
 department records, the designated department staff shall provide the office with access
 to the requested documentation not later than twenty days after the office's written
 request for the records. When the records requested by the office pertain to the death,
 threats of bodily harm including, but not limited to, sexual or physical assaults, or the
 denial of necessary medical treatment of an incarcerated person, the records shall be
 provided within five days unless the office consents to an extension of that time frame.
         5. The office shall work with the department to minimize disruption to the
 operations of the department due to office activities and shall comply with the
 department's security clearance processes, provided these processes do not impede the
 activities outlined in this section.
         6. The office shall have the power to subpoena department records, employees,
 or contractors.
         7. Except as provided under section 218.018, the department shall have an
 affirmative duty to provide data related to the collection and dissemination of
 information under chapter 610.
             218.018. 1. Correspondence and communication with the office is confidential
 and shall not be considered a public record, subject to the provisions of chapter 610, or
 subject to discovery by subpoena or court order.
         2. The office shall establish confidentiality rules and procedures for all
 information maintained by the office to ensure that:
         (1) Correctional staff are not aware of the identity of a complainant before,
 during, and after an investigation to the greatest extent practicable. The office may
 disclose identifying information for the sole purpose of carrying out an investigation;
 and
         (2) Other people in department of corrections custody are not aware of the
 identity of a complainant before, during, and after an investigation to the greatest ext