HB781: establishing the office of corrections ombudsmen.

HB 781-FN-A - AS AMENDED BY THE HOUSE

07Jan2004... 2415h

2003 SESSION

03-0559

04/09

HOUSE BILL 781-FN-A

AN ACT establishing the office of corrections ombudsman.

SPONSORS: Rep. K. Gilbert, Rock 82; Rep. Stevens, Carr 7; Rep. Jones, Sull 19; Rep. Knowles, Straf 69; Rep. Nedeau, Belk 30

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill establishes the office of corrections ombudsman which shall be administratively attached to the department of administrative services and includes a $75,000 appropriation for the fiscal year ending June 30, 2006.

This bill is a request of the study committee established in 2001, 217 (HB361).

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Jan2004... 2415h

03-0559

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing the office of corrections ombudsman.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Office of Corrections Ombudsman. Amend RSA 21-H by inserting after section 15 the following new subdivision:

Office of Corrections Ombudsman

21-H:16 Purpose. The position of corrections ombudsman is established to provide for an autonomous unclassified employee to conduct independent investigations of complaints filed by employees and inmates of the department of corrections.

21-H:17 Office of Corrections Ombudsman Established; Qualifications.

I. There is hereby established the office of corrections ombudsman which shall be administratively attached to the department of administrative services pursuant to RSA 21-G:10. The primary office shall not be physically located at any department of corrections site.

II. The principal executive officer of the office shall be the corrections ombudsman who shall be appointed by the governor with the consent of the council for a term of 5 years. The ombudsman may be re-appointed to serve additional terms. The governor and council may remove the ombudsman only as provided by RSA 4:1.

III. The corrections ombudsman shall be a person of recognized knowledge, judgment, objectivity, and integrity, and shall be qualified to hold the position by reason of education and experience. This may include advanced education in criminal justice, law, or other relevant areas, or experience in security and investigations in the military, corrections, or law enforcement.

IV. The salary of the corrections ombudsman shall be as specified in RSA 94:1-a.

21-H:18 Duties of the Corrections Ombudsman. The corrections ombudsman shall be responsible for:

I. Receiving, investigating, and referring complaints or problems received from inmates of the department of corrections, employees of the department of corrections, members of the general court, and the general public.

II. Upon the corrections ombudsman's own initiative, investigating allegations of harassment and issues related to inmate health or safety.

III. Investigating acts or omissions of department of corrections personnel acting in an official capacity including their compliance with policies and procedures directives adopted by the department.

21-H:19 Staff. The ombudsman shall be authorized to hire clerical support staff necessary for the office to carry out its functions.

21-H:20 Access to Information. Upon request, the corrections ombudsman shall have access to all information, records, and documents in the possession of the department of corrections which the ombudsman deems necessary to conduct the investigation. The department shall assist the ombudsman in obtaining the necessary releases of those documents which are restricted or privileged under law. Upon request, the ombudsman shall be granted entrance to inspect at any time any premises under the control of the department of corrections.

21-H:21 Investigative Process.

I.(a) Upon receiving a complaint from an inmate, department of corrections personnel, a member of the general court, or the general public, and deciding to investigate the complaint, the ombudsman shall notify the complainant and the department of corrections of the existence of the complaint. If the ombudsman declines to investigate, the ombudsman shall notify the complainant in writing of the reasons for the decision. In any case, the ombudsman shall advise a complainant to pursue all administrative remedies available to the complainant prior to the ombudsman beginning an investigation. An ombudsman may commence an investigation prior to the completion of the administrative remedy process.

(b) In the case of sexual harassment or sexual assault cases, a copy of the initial complaint filed with the department shall be forwarded by the department to the ombudsman immediately upon its filing providing that the complainant agrees. The ombudsman shall not be obliged to act upon that initial complaint, but shall retain a copy of such complaint on file at least until the matter is finalized.

(c) The ombudsman may utilize any resources deemed appropriate during the course of the investigation of a complaint.

II. (a) Any written correspondence from the complainant to the ombudsman, and any written correspondence from the ombudsman to the complainant shall be delivered immediately and unopened.

(b) The ombudsman shall maintain confidentiality with respect to all matters under investigation including the identity of the complainant and respondent, and any persons from whom information related to the investigation is acquired, except as necessary in performing the duties of the office.

III. Upon conclusion of an investigation the ombudsman may:

(a) Make recommendations to the department of corrections regarding action to be taken.

(b) Refer the case to the county attorney, attorney general, or to the human resources office of the department of corrections, as the ombudsman deems appropriate.

(c) Notify the legislature concerning desirable statutory changes.

IV. Investigative proceedings conducted by the ombudsman shall not be considered public proceedings under RSA 91-A:1-a, and any associated minutes or records shall not be considered public records under RSA 91-A:4.

V. The ombudsman may publish conclusions, recommendations and suggestions and transmit them to the governor, or to the legislature or any of its committees.

21-H:22 Immunity. No civil action or proceeding shall be commenced against the ombudsman for any act or omission performed pursuant to the provisions of this chapter unless the act or omission is actuated by malice or is grossly negligent, nor shall the ombudsman be compelled to testify in any court or state agency proceeding with respect to any matter involving the exercise of the ombudsman's official duties except as may be necessary to enforce the provisions of this chapter.

21-H:23 Annual Report. The ombudsman shall annually submit a written report summarizing the investigative activities conducted by the office of the ombudsman during that year. Such report shall include any recommendations for legislative action and shall be submitted to the governor and the chairpersons of the policy committees in the house and senate with jurisdiction over the department.

2 Compensation of State Officers; Corrections Ombudsman. Amend RSA 94:1-a, I(b) by inserting in Grade EE the following:

EE Department of corrections corrections ombudsman

3 New Paragraph; Access to Public Records and Meetings; Exemption. Amend RSA 91-A:5 by inserting after paragraph VI the following new paragraph:

VII. Records of investigative proceedings conducted by the office of corrections ombudsman.

4 Appropriation. There is hereby appropriated the sum of $75,000, for the fiscal year ending June 30, 2006, to the office of corrections ombudsman for the purposes of funding the costs of hiring part-time clerical staff, and purchasing office equipment and supplies necessary for the operation of the office. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

5 Applicability; Availability of Federal Funds. This act shall take effect July 1, 2005, or on the date that the commissioner of the department of administrative services certifies to the secretary of state and the director of the office of legislative services that federal funds sufficient to implement this act are available, whichever is earlier.

6 Effective Date.

I. Sections 1-4 of this act shall take effect as provided in section 5 of this act.

II. The remainder of this act shall take effect upon its passage.

LBAO

03-0559

Amended 2/3/04

HB 781 FISCAL NOTE

AN ACT establishing the office of corrections ombudsman.

FISCAL IMPACT:

The Department of Administrative Services has determined this bill, as amended by the House (Amendment #2003-2415h), will increase state general fund expenditures by $102,010 in FY 2006, $103,776 in FY 2007 and $109,059 in FY 2008. There will be no fiscal impact on county and local expenditures or state, county and local revenues.

This bill appropriates $75,000 in general funds to the Office of Corrections Ombudsman for fiscal year ending June 30, 2006.

METHODOLOGY:

The Department assumed that this bill will be effective and the Ombudsman position will be established July 1, 2005 at the minimum salary level in salary grade EE. (Salary table effective December 28, 2002.) In addition, a part-time Executive Secretary will be required to assist in the clerical and administrative needs of the Office. Office space for the Ombudsman and staff will be leased using 200 square feet per person, for a total of 400 feet. The positions will be granted yearly increments, benefits are calculated at 37% for full-time and 7.65% for part-time, and the Office will require funding for current expenses, equipment and travel. The costs are shown below.

FY 2006 FY 2007 FY 2008

Ombudsmen $ 50,082 $ 53,428 $ 56,763 Benefits @ 37% 18,530 19,768 21,002

Executive Secretary (LG11) 16,347 16,981 17,644

Benefits (part-time) @ 7.65% 1,251 1,299 1,350

Current Expense, Equipment,

Travel, etc. 15,800 12,300 12,300

Total $102,010 $103,776 $109,059