Title 9. Miscellaneous Executive Agencies — Subtitle 40. Office of the Correctional Ombudsman

In this subtitle the following words have the meanings indicated.

“Administrative act” means any action, decision, adjudication, failure to act, omission, rule or regulation, interpretation, recommendation, policy, practice, or procedure of an agency.

“Office” means the Office of the Correctional Ombudsman.

“Records” means all materials, regardless of physical form or characteristics, created, generated, recorded, received, possessed, or controlled by or on behalf of any agency.

The Office shall include:

Salaries of the Ombudsman and staff and expenses for rent, equipment, supplies, and general operating expenses necessary for the work of the Office shall be as provided in the State budget.

The Office, in response to a complaint or on the Ombudsman’s initiative, shall:

If the Office determines that an employee or agent of an agency acted in a manner warranting criminal charges or disciplinary proceedings, the Office shall promptly refer the matter to appropriate authorities.

The Office may:

In performing the duties assigned under this subtitle, the Office shall treat all complaints as confidential and may reveal the details of any complaints only if it is:

Within 30 days after completing an investigation, the Office shall submit to an agency a report containing any conclusions, recommendations, and requests for a response from the agency.

If the report submitted to an agency under this section contains a request for a response from the agency, the agency shall provide a written response within 45 days after receipt of the report.

The Office may provide the report required by this section, as well as any responses by the agency, to the Governor or, in accordance with § 2–1257 of this article, the General Assembly.

On or before December 31 each year, the Office shall report to the Governor and, in accordance with § 2–1257 of this article, the General Assembly on:

In addition to the report required by subsection (a) of this section, the Office shall provide to the Governor and, in accordance with § 2–1257 of this article, the General Assembly any other reports that the Governor or the General Assembly may require.

A report prepared under this section shall be published on the Office’s website.

In this section, “Board” means the Correctional Ombudsman Advisory Board.

There is a Correctional Ombudsman Advisory Board.

The purposes of the Board are to:

The Board shall consist of 12 members appointed by the Governor.

To the extent practicable, the Governor shall ensure that the membership of the Board includes:

A member of the Board serves at the pleasure of the Governor.

The Office shall provide staff for the Board.

The Office shall review potential federal funding sources, including grants offered under the Justice Reinvestment Initiative and the Second Chance Act.

The Office may apply for relevant funding sources.

In this part the following words have the meanings indicated.

“Department” means the Department of Juvenile Services.

“Disciplinary action” means any punitive action against a child that results in more security, additional obligations, or less personal freedom.

“Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

“Facility” means:

“Juvenile justice monitor” means an individual employed by the Office of the Correctional Ombudsman to determine whether the needs of children under the jurisdiction of the Department are being met in compliance with State law, that their rights are being upheld, and that they are not being abused.

“Secretary” means the Secretary of Juvenile Services.

“Unit” means the Juvenile Justice Monitoring Unit of the Office.

There is a Juvenile Justice Monitoring Unit of the Office of the Correctional Ombudsman.

The function of the Unit is to investigate and determine whether the needs of children under the jurisdiction of the Department of Juvenile Services are being met in compliance with State law, that their rights are being upheld, and that they are not being abused.

The Unit shall include:

Salaries of the Director and juvenile justice monitors and expenses for rent, equipment, supplies, and general operating expenses necessary for the work of the Unit shall be as provided in the State budget.

In cooperation with the Secretary of Budget and Management, the Correctional Ombudsman shall set minimum salaries, qualifications, and standards of training and experience for positions with the Unit.

evaluate at each facility:

review all reports of disciplinary actions, grievances, and grievance dispositions received from each facility and alterations in the status or placement of a child that result in more security, additional obligations, or less personal freedom;

receive copies of the grievances submitted to the Department;

perform unannounced site visits and on–site inspections of facilities;

receive and review all incident reports submitted to the Department from facilities;

receive reports of the findings of child protective services investigations of allegations of abuse or neglect of a child in a facility;

ensure that each facility is in compliance with the regulations applicable to residential facilities;

monitor the implementation of educational programs at each residential facility;

collaborate with the Department, the Department of Human Services, the Maryland Department of Health, and the Governor’s Office of Crime Prevention and Policy in all matters related to the licensing and monitoring of children’s residential facilities; and

have a representative available to attend meetings of the advisory boards established under § 9–230 of the Human Services Article and meetings of the Juvenile Services Education Board established under § 9–502 of the Human Services Article.

The Unit may:

The Unit shall report in a timely manner to the Executive Director, the Secretary, the Commission on Juvenile Justice Reform and Emerging and Best Practices, and, in accordance with § 2–1257 of this article, the Speaker of the House of Delegates and the President of the Senate:

Beginning in 2006, on or before November 30 of each year, the Unit shall report to the Executive Director, the Secretary, the Commission on Juvenile Justice Reform and Emerging and Best Practices, the Governor, and, in accordance with § 2–1257 of this article, the General Assembly, on all the activities of the Office and the actions taken by the Department in response to findings and recommendations of the Unit.