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. “Agency” means: the Department of Public Safety and Correctional Services; any officer or employee of the Department of Public Safety and Correctional Services; any person providing services under a contract with the Department of Public Safety and Correctional Services to individuals who are confined by or under the supervision of the Department of Public Safety and Correctional Services; or any officer, employee, or administrative hearing examiner of the State or a unit of local government who is acting or purporting to act in relation to individuals confined by or under the supervision of the Department of Public Safety and Correctional Services. “Agency” does not include: a judge, as defined in § 1–101 of the Courts Article, or any other employee of the judiciary; the General Assembly or any member, employee, or committee of the General Assembly; or the Governor or the Governor’s personal staff. “Complaint” means any communication: from or on behalf of an individual confined by or under the supervision of an agency; and alleging a violation of the individual’s rights or any applicable law, regulation, or standard: by the agency; and that impacted the individual. “Complaint” does not include a disciplinary proceeding of an incarcerated individual. “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.

There is an Office of the Correctional Ombudsman established as an independent unit of State government.

The Office shall include: a full–time Correctional Ombudsman; staff as provided in the State budget; and the Juvenile Justice Monitoring Unit established in § 9–4012 of this subtitle. The Governor shall appoint the Correctional Ombudsman with the advice and consent of the Senate. The Correctional Ombudsman shall serve for a term of 5 years. At the end of a term, the Correctional Ombudsman continues to serve until a successor is appointed and qualifies. 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: investigate any administrative act that the Ombudsman determines may be: contrary to law or regulation; based on a mistake of fact; unsupported by sufficient evidence; performed in an inefficient manner; unreasonable under the totality of the circumstances; or otherwise erroneous; conduct independent reviews and assessments of: health services, including substance use disorder assessments and treatment, provided to individuals confined by any agency; mental health services provided to individuals confined by any agency; plans by agencies to expand, renovate, or close facilities; educational and vocational programs for individuals confined by any agency; and agency policies on restrictive or protective housing; cooperate with any agency in efforts to improve the functioning of any agency or prevent abuses by agencies; inspect any facilities owned or controlled by any agency to monitor conditions in the facilities; seek to resolve complaints against an agency through mediation or other conflict resolution methods; maintain a website that: subject to the requirements of subsection (f) of this section, makes current and past reports available to the public; and provides contact information for the Office; and adopt regulations necessary to carry out the requirements of this subtitle. The Office shall investigate each complaint about an administrative act, unless the Office determines that: the complaint could be addressed through another process; the complaint is trivial, frivolous, vexatious, or not made in good faith; the complainant unreasonably delayed in bringing the complaint; or the Office lacks sufficient resources to investigate the complaint. The Office shall promptly inform a complainant of a decision not to investigate a complaint. On request, the Office shall promptly inform a complainant of the status of an investigation. On the completion of an investigation based on a complaint, the Office shall promptly inform the complainant of any conclusions, recommendations, and actions taken in response to the complaint. 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: interview agency personnel or any individual confined by an agency; access any records maintained by an agency; perform unannounced site visits and on–site inspections of facilities maintained by an agency; receive and respond to complaints without interception, review, or interference by an agency; review all reports of disciplinary actions, grievances, and grievance dispositions by the agency; and collaborate with any agency or any unit of State government to investigate complaints or any alleged injury, neglect, or death of an individual confined by or under the supervision of an agency. The Office may subpoena any individual to appear to give sworn testimony or produce documentary evidence that is reasonably necessary to carry out the Office’s duties. If an individual fails or refuses to comply with a subpoena issued by the Office, a court of competent jurisdiction, on the application of the Office, may issue an attachment for the individual and compel the individual to comply with the subpoena, appear before the Office, and produce documentary evidence for examination and give testimony. If an individual disobeys a subpoena or refuses to testify, the court may punish the individual for contempt. 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: necessary to carry out the Office’s duties; and done in accordance with applicable State and federal law.

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: investigations conducted by the Office; any actions taken by an agency as a result of the conclusions or recommendations of the Office; any instance where an agency rejects a recommendation or conclusion of the Office; and information on any death of an individual confined by or under the care of an agency. 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: provide information to the Office; and assist the Office in: identifying appropriate matters to investigate; and developing processes by which complaints are submitted, reviewed, investigated, and resolved. 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: family members of confined individuals; returning citizens; nonsupervisory correctional officers; members of the public with a demonstrated interest in corrections; individuals with backgrounds in health care and social work; individuals with backgrounds in mental health care and substance use disorder treatment; and at least two individuals with experience managing a large government agency. The Board may not include more than three members who are current or former employees of the Department of Public Safety and Correctional Services. No member of the Board may be currently employed by the Department of Public Safety and Correctional Services in a supervisory capacity. 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: a residential facility operated by the Department; a residential facility owned by the Department but privately operated; and a residential facility licensed by the Department. “Grievance” means a complaint made by a child or on behalf of a child due to a circumstance or an action considered to be unjust. “Grievance” does not include an employee grievance, disciplinary appeal, or complaint. “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: a full–time Director of Juvenile Justice Monitoring; and staff, including juvenile justice monitors, as provided in the State budget. 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.

The Unit shall: evaluate at each facility: the child advocacy grievance process; the Department’s monitoring process; the treatment of and services to youth; the physical conditions of the facility; and the adequacy of staffing; 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: review relevant laws, policies, procedures, and juvenile justice records, including records relating to individual youth; on request, conduct interviews with staff, youth, and others; review investigative reports produced by the Department relating to youth in facilities; and participate, within the context of the local department of social services’ multidisciplinary team process, in a child protective services investigation conducted under Title 5, Subtitle 7 of the Family Law Article concerning any allegation of abuse or neglect within any assigned facility. The Unit may subpoena any individual to appear to give sworn testimony or produce documentary evidence that is reasonably necessary to carry out the Unit’s duties. If an individual fails or refuses to comply with a subpoena issued by the Unit, a court of competent jurisdiction, on the application of the Unit, may issue an attachment for the individual and compel the individual to comply with the subpoena, and appear before the Unit and produce documentary evidence for examination and give testimony. If an individual disobeys a subpoena or refuses to testify, the court may punish the individual for contempt.

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: knowledge of any problem regarding the care, supervision, and treatment of children in facilities; findings, actions, and recommendations, related to the investigations of disciplinary actions, grievances, incident reports, and alleged cases of child abuse and neglect; and all other findings and actions related to the monitoring required under this subtitle. The Unit shall report quarterly to the Executive Director and the Secretary. A copy of the report shall be provided to the Commission on Juvenile Justice Reform and Emerging and Best Practices and, in accordance with § 2–1257 of this article, the General Assembly. The report shall include: all activities of the Unit; actions taken by the Department resulting from the findings and recommendations of the Unit, including the Department’s response; and a summary of any violations of the standards and regulations of the Department that remained unabated for 30 days or more during the reporting period. 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.