AN ACT Relating to inmate grievance procedures; and adding a new chapter to Title 72 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The office of ombudsman for the department of corrections is hereby created. The ombudsman shall serve at the pleasure of the governor subject to confirmation by the senate, shall be selected without regard to political affiliation, and shall be a person highly competent and qualified to analyze questions of law, administration, and public policy. No person may serve as ombudsman while holding any other public office. The ombudsman for the department of corrections is accountable to the governor and has the authority to investigate decisions, acts, and other matters of the department of corrections so as to promote the highest attainable standards of competence, efficiency, and justice in the administration of corrections.

NEW SECTION. Sec. 2. Unless the context clearly requires to the contrary, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of corrections.

(2) "Ombudsman" means the office of ombudsman for the department of corrections.

NEW SECTION. Sec. 3. (1) The ombudsman may select, appoint, and compensate out of available funds such assistants and employees as the ombudsman may deem necessary to discharge the ombudsman's responsibilities. All employees, except the secretarial and clerical staff, shall serve at the pleasure of the ombudsman and are exempt from state civil service.

(2) The ombudsman may delegate to staff members any of the ombudsman's authority or duties except the duty of formally making recommendations to the department or reports to the governor or the legislature.

NEW SECTION. Sec. 4. (1) The ombudsman may:

(a) Prescribe the methods by which complaints are to be made, reviewed, and acted upon by the ombudsman;

(b) Determine the scope and manner of investigations to be made;

(c) Except as otherwise provided, determine the form, frequency, and distribution of the ombudsman's conclusions, recommendations, and proposals. However, the governor or the governor's representative may, at any time the governor deems it necessary, request and receive information from the ombudsman. Neither the ombudsman nor any member of his or her staff shall be compelled to testify in any court with respect to any matter involving the exercise of his official duties except as may be necessary to enforce this chapter;

(d) Investigate, upon a complaint or upon his or her own initiative, any action of the department;

(e) Request and shall be given access to information in the possession of the department which the ombudsman deems necessary for the discharge of his or her responsibilities;

(f) Examine the records and documents of the department;

(g) Enter and inspect, at any time, premises within the control of the department;

(h) Subpoena any person to appear, give testimony, or produce documentary or other evidence which the ombudsman deems relevant to a matter under inquiry, and may petition the appropriate state court to seek enforcement with the subpoena. However, any witness at a hearing or before an investigation as provided in this section shall possess the same privileges reserved to such a witness in the courts or under the laws of this state; and

(i) Bring an action in an appropriate state court to provide the operation of the powers provided in this chapter. The ombudsman may use the services of legal assistance organizations, under RCW 72.09.190. This chapter is in addition to other provisions of law under which any remedy or right of appeal or objection is provided for any person, or any procedure provided for inquiry or investigation concerning any matter. Nothing in this chapter shall be construed to limit or affect any other remedy or right of appeal or objection nor shall it be deemed part of an exclusionary process.

(2) No proceeding or civil action except removal from office shall be commenced against the ombudsman for actions taken pursuant to this chapter unless the act or omission is actuated by malice or is grossly negligent.

(3) In selecting matters for his attention, the ombudsman should particularly consider actions of the department which might be:

(a) Contrary to law or regulation;

(b) Unreasonable, unfair, oppressive, or inconsistent with any policy or rule of the department;

(d) Unclear or inadequately explained when reasons should have been revealed; or

(e) Inefficiently performed.

The ombudsman may also seek the strengthening of procedures and practices which lessen the risk that objectionable actions of the department will occur.

(4) The ombudsman may receive a complaint from any source concerning an action of the department. The ombudsman may, on his or her own motion or at the request of another, investigate any action of the department.

The ombudsman may exercise his or her powers without regard to the finality of any action of the department. However, the ombudsman shall normally require a complainant to exhaust administrative remedies or channels of complaint open to the complainant before accepting or investigating the complaint.

After completing the investigation of a complaint, the ombudsman shall inform the complainant, the department, and the official or employee, of the action taken.

A letter to the ombudsman from a person in an institution under the control of the department shall be forwarded immediately and unopened to the ombudsman's office. A reply from the ombudsman to the person shall be delivered unopened to the person, promptly after its receipt by the institution.

No complainant shall be punished nor shall the general condition of confinement or treatment be unfavorably altered as a result of having made a complaint to the ombudsman.

(5) (a) If, after duly considering a complaint and whatever material deemed pertinent, the ombudsman is of the opinion that the complaint is valid, the ombudsman may recommend that the department should:

(i) Consider the matter further;

(ii) Modify or cancel its actions;

(iii) Alter a rule or ruling;

(iv) Explain more fully the action in question; or

(v) Take any other step which the ombudsman states as his or her recommendation to the department.

If the ombudsman so requests, the department shall within the time the ombudsman specifies, inform the ombudsman about the action taken on the recommendation or the reasons for not complying with it.

(b) If the ombudsman has reason to believe that any public official or employee has acted in a manner warranting criminal or disciplinary proceedings, the ombudsman may refer the matter to the appropriate authorities.

(c) If the ombudsman believes that an action upon which a valid complaint is founded has been dictated by a statute, and that the statute produces results or effects which are unfair or otherwise objectionable, the ombudsman shall bring to the attention of the governor and the legislature the ombudsman's view concerning desirable statutory change.

NEW SECTION. Sec. 5. (1) The ombudsman may publish his or her conclusions and suggestions by transmitting them to the governor. Before announcing a conclusion or recommendation that expressly or impliedly criticizes the department or any person, the ombudsman shall consult with the department or person. When publishing an opinion adverse to the department or any person, the ombudsman shall include in such publication any statement of reasonable length made to the ombudsman by the department or person in defense or mitigation of the action.

(2) In addition to whatever reports the ombudsman may make on an ad hoc basis, the ombudsman shall at the end of each year report to the governor and the legislature concerning the exercise of the ombudsman's functions during the preceding year.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act shall constitute a new chapter in Title 72 RCW.