Regular Session 2019-2020 House Bill 0999 P.N. 1152

PRINTER'S NO. 1152

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

999

Session of

2019

INTRODUCED BY FIEDLER, MURT, HILL-EVANS, McCLINTON, CEPHAS,

FRANKEL, ROTHMAN, KENYATTA, WILLIAMS, KINSEY, SCHLOSSBERG,

T. DAVIS, CALTAGIRONE, STURLA, YOUNGBLOOD, HARRIS, DALEY,

HOWARD, FREEMAN, DEASY, SANCHEZ, FITZGERALD AND HOHENSTEIN,

APRIL 2, 2019

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 2, 2019

AN ACT

Amending Title 61 (Prisons and Parole) of the Pennsylvania

Consolidated Statutes, in miscellaneous provisions, providing

for appointment of ombudsmen.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 61 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 5908. Appointment of ombudsmen.

(a) Appointment.--No later than 180 days after the effective

date of this section, the A ttorney General, in consultation with

the Ombudsman Selection Board, shall appoint no less than two

ombudsmen to monitor and oversee the department's facilities.

The ombudsmen shall monitor and oversee the department's

facilities in the manner and allotment as determined by the

department. The ombudsmen shall meet all of the following

qualifications:

(1) Have knowledge of the policies and procedures of

correctional institutions in this Commonwealth.

(2) Have no less than one year of experience working in

the criminal justice system.

(3) Have experience with and knowledge of trauma-

informed care practices.

(4) Possess any other qualities the Attorney General

deems necessary to carry out the duties specified under

subsection (c).

(b) Ombudsman Selection Board.--The Ombudsman Selection

Board is established in the Office of Attorney General to

consult the Attorney General with appointing qualified

individuals as ombudsmen. The Ombudsman Selection Board shall

consist of all of the following members:

(1) Two individuals representing civil rights

organizations.

(2) Two individuals representing organizations that

assist incarcerated individuals with a preference for

individuals who were formerly incarcerated.

(1) The ombudsmen shall monitor and oversee all of the

following:

(i) Transportation of incarcerated individuals .

(ii) The use of segregated housing.

(iii) Strip searches of incarcerated individuals.

(iv) The mental health support of incarcerated

individuals.

(v) Civil rights violations.

(2) The ombudsmen may make recommendations to the

department based on any information ascertained under

paragraph (1).

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(3) Each ombudsman shall compile quarterly reports and

make the reports available to the public with all of the

following information:

(i) The number and type of civil rights violations

encountered.

(ii) The amount of time that lapsed before the civil

rights violations were rectified.

(iii) Any other pertinent information relating to

civil rights violation as determined by the Attorney

General.

(4) The ombudsmen shall notify the Attorney General if

the ombudsmen encounter an individual perpetrating a civil

rights violation against an incarcerated individual .

(d) Duties of chief administrators.--The chief administrator

of a correctional institution shall provide all of the

following:

(1) A private and enclosed office space or room for a

visiting ombudsman.

(2) A locked postal mailbox within the correctional

institution where incarcerated individuals may place their

written grievances or concerns about the correctional

institution at any time.

(e) Duties of Attorney General.--Upon receiving a notice

under subsection (c)(4), the Attorney General may initiate a

civil action against the alleged perpetrator for injunction,

damages or other appropriate civil or equitable relief or refer

the alleged perpetrator to the appropriate law enforcement

officials if all of the following apply:

(1) All internal avenues have been exhausted in trying

to address the alleged civil rights violation.

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(2) The alleged civil rights violation constitutes a

violation of Federal or State law or internal department

policy.

(3) The incarcerated individual who is the victim of the

alleged civil rights violation authorizes the ombudsmen to

notify the Attorney General of the alleged civil rights

violation.

(f) Vacancies.--If an ombudsman position becomes vacant, the

Attorney General shall appoint an ombudsman to fill the position

in the same manner specified under subsection (a). A vacancy in

the position of ombudsman shall be filled no later than six

months after the vacancy occurs.

(g) Construction.--Nothing in this section shall be

construed to authorize the ombudsmen to engage in any of the

following:

(1) Changing rules, policies or procedures.

(2) Participating in any formal hearing or grievance

process.

(3) Disclosing confidential department information or

information provided in confidence by a department official

or employee.

(4) Superseding the authority of the department.

(h) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Ombudsmen." Individuals who work independently as

intermediaries to provide a confidential avenue to address

complaints, resolve issues and propose policy and procedural

changes when systemic issues are identified.

Section 2. This act shall take effect in 60 days.

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