HCS HB 200 -- CORRECTIONS OMBUDSMAN AND CITIZENS ADVISORY
COMMITTEE

SPONSOR:  Harlan (Troupe)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Critical
Issues by a vote of 17 to 4.

This substitute establishes within the Department of Public
Safety the Citizens Advisory Committee for Corrections and the
office of Corrections Ombudsman.  The committee consists of 13
members with 5 appointed by the Governor, 5 appointed by the
Senate, and 4 appointed by the House of Representatives.  The
committee is charged with reviewing and resolving inmate
grievances and must report annually its recommendations to the
Department of Public Safety, the Department of Corrections, and
the Joint Committee on Corrections.

The Corrections Ombudsman is selected by the Governor with the
approval of the Senate and is charged with investigating
egregious complaints concerning inmates or correctional
centers.  Under the substitute's provisions, egregious
complaints are allegations that, if proven, would constitute
violations of state or federal law, including constitutional
rights.  The ombudsman may not investigate complaints until the
aggrieved person has exhausted the Department of Corrections'
remedies for resolving complaints.

FISCAL NOTE:  Estimated Partial Net Cost to General Revenue Fund
of $328,296 in FY 2000, $358,479 in FY 2001, and $367,594 in FY
2002.  Cost does not include any potential fiscal impact to
Department of Corrections.

PROPONENTS:  Supporters say that it is necessary to establish
outside of the Department of Corrections a mechanism to
investigate inmate complaints quickly and effectively.  A
separate office would likely have prevented the situation that
occurred with the Missouri inmates housed in a Texas facility.
Some witnesses testified that the department had received
complaints concerning those inmates for 2 years and inmates were
not relocated until a videotape was televised showing severe
abuse to inmates.  The cost of a separate office is less than
what the state will have to pay to settle the claims of the
inmates abused in Texas.

Testifying for the bill were Representative Troupe; and Missouri
Association for Social Welfare.

OPPONENTS:  Those who oppose the bill say that inmate grievances
are adequately supervised with mechanisms that are currently in
place.  This bill duplicates the activities of the Joint
Committee on Corrections and the Department of Corrections.

Testifying against the bill was the Department of Corrections.

Katharine Hickel Barondeau, Legislative Analyst

HB 200 -- Corrections Ombudsman

Co-Sponsors:  Troupe, Boucher, Daniels (41), Davis (63), Gunn,
Ford, Days

This bill establishes within the office of the Lieutenant
Governor the office of Corrections Ombudsman and creates the
Board of Corrections Ombudsman.

The bill contains provisions pertaining to:

(1)  the appointment of the ombudsman and necessary staff;

(2)  the ability of the ombudsman to refer cases to state and
federal prosecutors;

(3)  investigation, resolution, and mediation of complaints by
inmates and relatives of inmates;

(4)  monitoring the development and implementation of laws,
rules, and regulations affecting inmates;

(5)  making recommendations to the General Assembly;

(6)  conducting and participating in public forums affecting
inmates and the public;

(7)  having access to correctional facilities, records, and
inmates; and

(8)  immunity of the ombudsman and his or her staff from civil
liability when acting in good faith.

Violations of certain provisions of this bill are a class D
felony.