HB 1415-FN-A – AS INTRODUCED
2006 SESSION
04/10
HOUSE BILL 1415-FN-A
AN ACT establishing the office of corrections ombudsman.
SPONSORS: Rep. Gilbert, Rock 12; Rep. Tholl, Coos 2; Rep. Dowling, Rock 5; Rep. Weyler, Rock 8; Rep. Welch, Rock 8
COMMITTEE: Executive Departments and Administration
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, 2007.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2249
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
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. The 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, 2007, 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, 2006, 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
06-2249
11/18/05
HB 1415-FN-A - FISCAL NOTE
AN ACT establishing the office of corrections ombudsman.
FISCAL IMPACT:
The Department of Administrative Services stated this bill may increase state revenue and expenditures by $111,189 in FY 2007, $113,535 in FY 2008, $119,384 in FY 2009, and $125,351 in FY 2010. There will be no fiscal impact on county and local revenue or expenditures.
This bill appropriates $75,000 in general funds to the Office of Corrections Ombudsman for the fiscal year ending June 30, 2007 for the purposes of this act.
METHODOLOGY:
The Department of Administrative Services stated this bill intends to establish an Office of Corrections Ombudsman and administratively attach the Office to the Department of Administrative Services. This bill appropriates $75,000 for the purpose of funding the costs of part-time clerical staff and equipment and supplies necessary for the operation of the Office. In addition, this bill states that this act shall take effect on July 1, 2006 or on the date federal fund sufficient to implement the Office become available, whichever is earlier. The Department indicated that federal funds may not be available, as the Department is presently not aware of such a federal program, therefore the Department assumes this bill will become effective on July 1, 2006.
The Department of Administrative Services made the following assumptions in estimating the cost to operate the Office of Corrections Ombudsman :
• A part-time Executive Secretary, LG11 @ $11.51 per hour, will work 29 hours per week beginning on July 8, 2006 to assist with the clerical and administrative needs of the office.
• The Ombudsman would be hired effective July 1, 2006 at the minimum salary for Salary Group EE and receive annual increments each July 1st.
• Office space of 400 square feet would be leased at a cost of $12.00 per square foot, including utilities.
• Benefits for the Ombudsman are computed at 44% of the salary and benefits for the part-time Executive Secretary are computed at 7.65% of the salary.
• Equipment costs include the necessary office furniture, computer and related equipment.
Based on these assumptions, the Department estimated the following annual costs to operate the Office of Corrections Ombudsman:
FY 2007 FY 2008 FY 2009 FY 2010
Ombudsman Salary $ 53,128 $ 56,691 $ 60,235 $ 63,779
Executive Secretary (part-time) 17,357 18,021 18,714 19,516
Benefits 24,704 26,323 27,935 29,556
Current Expenses 5,000 5,000 5,000 5,000
Office Rent 4,800 4,800 4,800 4,800
Equipment 4,000 500 500 500
In-State Travel 2,200 2,200 2,200 2,200
Total $111,189 $113,535 $119,384 $125,351