HOUSE BILL NO. 2832 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE COLLINS.
5839H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 218, RSMo, by adding thereto twelve new sections relating to the oversight of department of corrections facilities.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 218, RSMo, is amended by adding thereto twelve new sections, to 2 be known as sections 218.010, 218.015, 218.020, 218.025, 218.030, 218.035, 218.040, 3 218.045, 218.050, 218.055, 218.060, and 218.065, to read as follows: 218.010. For purposes of sections 218.010 to 218.065, the following terms mean: 2 (1) "Covered issues", includes, but is not limited to: 3 (a) Sanitation in prison facilities; 4 (b) Access to proper nutrition; 5 (c) Livable temperatures in prison facilities; 6 (d) Physical or sexual abuse from fellow inmates; 7 (e) Physical or sexual abuse from department staff or contractors; 8 (f) Credible threats against an inmate from other inmates, staff, or contractors; 9 (g) Neglect of prison staff or contractors that results in physical or sexual 10 trauma; 11 (h) Denial of rights afforded to inmates under federal or state law; 12 (i) Access to visitation and communication with family; 13 (j) Any instance in which the office determines an action or behavior to 14 constitute abuse or neglect against an inmate; 15 (k) Access to medical or mental health care or substance abuse treatment; or
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. HB 2832 2
16 (l) Access to educational and rehabilitative programming, drug and mental 17 health treatment, and inmate jobs and vocational training; 18 (2) "Department", the department of corrections; 19 (3) "Family member", includes a grandparent, parent, sibling, spouse or 20 domestic partner, child, aunt, uncle, cousin, niece, nephew, grandchild, or any other 21 person related to an individual by blood, adoption, marriage, or a foster relationship; 22 (4) "Office", the office of the department of corrections ombudsman; 23 (5) "Ombudsman", the state ombudsman for inmates in the custody of the 24 department of corrections. 218.015. 1. Before June 1, 2027, there shall be established the "Office of the 2 Department of Corrections Ombudsman". The office shall consist of two sections: 3 (1) An inspection section; and 4 (2) A complaints investigation section. 5 2. The office shall have the authority to: 6 (1) Provide information, as appropriate, to inmates, family members, 7 representatives of inmates, department employees and contractors, and others 8 regarding the rights of inmates; 9 (2) Monitor conditions of confinement and assess department compliance with 10 applicable federal, state, and department rules and regulations as related to the health, 11 safety, welfare, and rehabilitation of inmates; 12 (3) Provide technical assistance to support inmate participation in self-advocacy; 13 (4) Provide technical assistance to local governments in the creation of jail 14 oversight bodies, as requested; 15 (5) Establish a statewide uniform reporting system to collect and analyze data 16 related to complaints received by the department and data related to the following: 17 (a) Deaths, suicides, and suicide attempts in custody; 18 (b) Physical and sexual assaults in custody; 19 (c) Numbers of people placed in administrative segregation or solitary 20 confinement and duration of stay in such confinement; 21 (d) Numbers of facility lockdowns lasting longer than twenty-four hours; 22 (e) Numbers of staff vacancies at each facility; 23 (f) Inmate-to-staff ratios at each facility; 24 (g) Staff tenure and turnover; and 25 (h) Numbers of in-person visits to inmates that were made and denied at each 26 facility; HB 2832 3
27 (6) Establish procedures to gather stakeholder input into the office's activities 28 and priorities, which shall include, at a minimum, an annual thirty-day period for 29 receipt of and office response to public comment; 30 (7) Inspect each department facility at least once every three years and for each 31 maximum security facility and each facility where the office has found cause for more 32 frequent inspection or monitoring, at least once each year; and 33 (8) Publicly issue periodic facility inspection reports and an annual report with 34 recommendations on the state of department facilities and a summary of data and 35 recommendations arising from any complaints investigated and resolved under sections 36 218.010 to 218.065 and any other thematic reports covering any topic the office finds 37 relevant to running a safe, secure, and humane department. 38 3. The office shall be directed by an ombudsman, who shall be selected by the 39 corrections oversight committee established under section 218.020 and who shall serve a 40 term of six years, during which term the ombudsman may be removed only by the 41 governor and only for good cause. The ombudsman shall not be a current or former 42 employee or contractor of the department, and the ombudsman's spouse or domestic 43 partner, parents, grandparents, children, or siblings shall not be current employees or 44 contractors of the department. 45 4. The ombudsman shall have the authority to: 46 (1) Hire staff, contractors, and unpaid volunteers and secure office space, 47 equipment, and other services necessary to carry out the duties of the office under this 48 section. Any employee, contractor, or unpaid volunteer hired or retained by the office 49 shall have the same authority and powers of the office as described in this section; and 50 (2) Contract with experts as needed to assist in the monitoring and inspection of 51 facilities, the assessment of data, and the review, investigation, or resolution of 52 complaints. 53 5. A staff member or volunteer hired by the ombudsman shall have the same 54 authority and duties of the office as described in this section. A staff member or 55 volunteer hired by the ombudsman shall not be a: 56 (1) Person with a family member who is a current inmate of the department; 57 (2) Person with a family member who is a current employee or contractor of the 58 department; 59 (3) Current employee or contractor of the department; or 60 (4) Victim or a family member of a victim of a crime committed by an inmate 61 currently in the custody of the department. 62 6. The ombudsman shall have additional authority to assist in any investigation 63 following the death of any person who dies while in custody of a jail or private detention HB 2832 4
64 facility located in this state. When assisting with a death investigation under this 65 subsection, the ombudsman shall be given the same access to the jail or detention 66 facility, and to the records and people within the jail or detention facility, as is granted 67 to the ombudsman under section 218.025. For purposes of this subsection, "private 68 detention facility" means a detention facility that is operated by a private, 69 nongovernmental entity operating pursuant to a contract agreement with a federal, 70 state, or local governmental entity. 218.020. 1. Before March 1, 2027, there shall be established a "Corrections 2 Oversight Committee", consisting of the following members: 3 (1) Two members of the senate who are appointed by the president pro tempore 4 of the senate and who are not members of the same political party. The president pro 5 tempore shall select one of these members to serve as a co-chair; 6 (2) Two members of the house of representatives who are appointed by the 7 speaker of the house of representatives and who are not members of the same political 8 party. The speaker shall select one of these members to serve as a co-chair; 9 (3) The following members, who are appointed by the governor: 10 (a) One representative of a prisoner advocacy organization; 11 (b) One representative of an organization that provides training or 12 rehabilitation programs for incarcerated inmates; 13 (c) One man who was formerly incarcerated in a department facility; 14 (d) One woman who was formerly incarcerated in a department facility; 15 (e) One physician, currently licensed or retired, with experience in family 16 medicine or internal medicine; 17 (f) One mental or behavioral health professional, currently licensed or retired, 18 who has a history of providing mental health services or counseling to adults; 19 (g) One person who is a grandparent, parent, child, sibling, or spouse or 20 domestic partner of a person currently incarcerated in a department facility; and 21 (h) One person who was formerly employed as a correctional employee in this 22 state or any other state. 23 2. Members appointed under this section shall serve three-year terms. 24 3. Members appointed under this section shall not be current employees or 25 contractors of the department; shall not have parents, children, or a spouse or a 26 domestic partner who are current employees or contractors of the department; and, 27 with the exception of the member in paragraph (h) of subdivision (3) of subsection 1 of 28 this section, shall not have been an employee or contractor of the department at any 29 time within ten years of his or her appointment to the committee. HB 2832 5
30 4. The committee shall meet whenever there is a vacancy in the ombudsman 31position, as the co-chairs deem necessary, or on the call of the majority of the members. 32 5. Committee members are not eligible to receive compensation but are eligible 33for reimbursement of expenses. 34 6. The committee shall announce the ombudsman nominee publicly and shall 35vote to appoint the nominee after holding a public hearing, during which the committee 36shall hear and consider oral or written testimony from the ombudsman nominee, any 37witnesses the ombudsman nominee presents on his or her behalf, and any members of 38the public. The ombudsman nominee shall take office upon a majority vote of the 39committee in his or her favor. 40 7. Notwithstanding the provisions of this section to the contrary, the initial terms 41of committee members who are appointed under this section shall be as follows: 42 (1) One term ending January 1, 2029; 43 (2) Two terms ending January 1, 2030; and 44 (3) Two terms ending January 1, 2031. 45 8. The governor shall make all subsequent appointments as prescribed by 46statute. 47 9. The committee shall hold at least one public hearing each year to present, 48review, and discuss the office's inspections, findings, reports, and recommendations set 49forth in the office's annual report, as described in this section, and shall hold quarterly 50public hearings to present, review, and discuss any other data, reports, or findings of the 51office that the committee determines are relevant. At such hearings, the committee may 52solicit and receive written or oral testimony from experts, members of the community, 53the office, or the department. 54 10. The committee may, in its discretion or upon request from the office, issue 55findings, recommendations, and policy and legislative proposals that shall be provided 56to the department, governor, and house and senate committees responsible for judicial 57matters and made available to the public on the office's website. 58 11. The committee shall be given the same access to facilities, records, and people 59within facilities as the office receives under section 218.025. The committee shall have 60the power to subpoena department records, employees, or contractors. 61 12. Accompanied by the office, the committee shall visit two different 62correctional facilities during each calendar year. 218.025. 1. The office shall have reasonable access, upon demand in person or in 2 writing and with or without prior notice, to all department facilities, including all areas 3 that are used by inmates, all areas which are accessible to inmates, and to programs for 4 inmates at reasonable times, which at a minimum shall include normal working hours HB 2832 6
5 and visiting hours. This authority includes the opportunity to conduct an interview with 6 any inmate, department employee or contractor, or other person. This access is for the 7 purposes of: 8 (1) Providing information about individual rights and the services available 9 from the office, including the name, address, and telephone number of the office 10 facilities or staff; 11 (2) Conducting official inspections under section 218.035; 12 (3) Conducting an official investigation under section 218.040; and 13 (4) Inspecting, viewing, photographing, and video recording all areas of the 14 facility that are used by inmates or are accessible to inmates. 15 2. Access to inmates includes the opportunity to meet and communicate 16 privately and confidentially with individuals regularly, with or without prior notice, 17 both formally and informally, by telephone, mail, electronic communication, and in 18 person. In the case of communications with inmates, these communications shall not be 19 monitored by, recorded, or conducted in the presence of department employees or 20 contractors. 21 3. The office has the right to access, inspect, and copy all relevant information, 22 records, or documents in the possession or control of the department that the office 23 considers necessary in an investigation of a complaint filed under this section, and the 24 department shall assist the office in obtaining the necessary releases for those 25 documents that are specifically restricted or privileged for use by the office. 26 4. Following notification from the office with a written request for access to 27 department records, the designated department staff shall provide the office with access 28 to the requested documentation not later than twenty days after the office's written 29 request for the records. Where the records requested by the office pertain to an inmate 30 death, threats of bodily harm including, but not limited to, sexual or physical assaults, 31 or the denial of necessary medical treatment, the records shall be provided within five 32 days unless the office consents to an extension of that time frame. 33 5. The office shall work with the department to minimize disruption to the 34 operations of the department due to office activities and shall comply with the 35 department's security clearance processes, provided these processes do not impede the 36 activities outlined in this section. 37 6. The office shall have the power to subpoena department records, employees, 38 or contractors. 218.030. 1. Correspondence and communication with the office is confidential 2 and shall be protected as privileged correspondence in the same manner as legal 3 correspondence or communication. HB 2832 7
4 2. The office shall establish confidentiality rules and procedures for all 5 information maintained by the office to ensure that: 6 (1) Department employees or contractors are not aware of the identity of a 7 complainant before, during, and after an investigation to the greatest extent practicable. 8 The office may disclose identifying information for the sole purpose of carrying out an 9 investigation; and 10 (2) Other department inmates are not aware of the identity of a complainant 11 before, during, and after an investigation to the greatest extent practicable. The office 12 may disclose identifying information for the sole purpose of carrying out an 13 investigation. 218.035. 1. The office shall conduct periodic inspections of each department 2 facility. 3 2. The office shall conduct an inspection of each department prison facility and 4 release a public report before August 28, 2029. 5 3. Subsequent inspections of each facility shall be conducted on a staggered 6 schedule dependent on the facility's safety and compliance classification. 7 4. An inspection of a department facility shall include an assessment of all of the 8 following: 9 (1) Policies and procedures in place by the facility related to care of inmates; 10 (2) Conditions of confinement; 11 (3) Availability of educational and rehabilitative programming, drug and mental 12 health treatment, and inmate jobs and vocational training; 13 (4) Policies and procedures related to visitation; 14 (5) Medical facilities and medical procedures and policies; 15 (6) Review of lockdowns at the facility in the time since the last audit. In the 16 instance of an initial assessment, the office shall review lockdowns from the last three 17 years; 18 (7) Review of staffing at the facility, including the number and job assignments 19 of correctional staff, the ratio of staff to inmates at the facility, and the staff position 20 vacancy rate at the facility; 21 (8) Review of physical and sexual assaults at the facility in the time since the last 22 inspection. In the instance of an initial assessment, the office shall review assaults from 23 the last three years; 24 (9) Review of any inmate or staff deaths that occurred at the facility in the time 25 since the last inspection. In the instance of an initial assessment, the office shall review 26 inmate and staff deaths from the last three years; HB 2832 8
27 (10) Review of department staff recruitment, training, supervision, and 28 discipline; and 29 (11) Any other aspect of the operation of the facility that the office deems 30 necessary over the course of an inspection. 31 5. Upon completion of an inspection, the office shall produce a report to be made 32 available to the public on the internet and to be delivered to the governor, the attorney 33 general, the senate committee responsible for judicial matters, the house committee 34 responsible for judicial matters, and the director of the department. The report shall 35 include: 36 (1) A summary of the facility's policies and procedures related to care of the 37 inmates; 38 (2) A characterization of the conditions of confinement; 39 (3) A catalogue of available educational and rehabilitative programming, drug 40 an