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SECOND REGULAR SESSION
HOUSE BILL NO. 1616
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE ALLEN.
4370H.02I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 217.025 and 217.165, RSMo, and to enact in lieu thereof fourteen new
sections relating to the department of corrections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 217.025 and 217.165, RSMo, are repealed and fourteen new
2 sections enacted in lieu thereof, to be known as sections 217.025, 217.165, 218.010, 218.015,
3 218.017, 218.018, 218.019, 218.020, 218.035, 218.040, 218.050, 218.055, 218.060, and
4 218.065, to read as follows:
217.025. 1. The general supervision, management and control of the department of
2 corrections shall be in the director of corrections, who shall be appointed by the governor , by
3 and with the advice and consent of the senate , which shall include a hearing on the
4 appointment with opportunity for public comment. Thirty days prior to the
5 appointment of a dir ector by the governor , the names and email addr esses of all
6 applicants shall be made available to the public. Applicants shall be encouraged to meet
7 with department of correct ions employee collective bargaining units and agents .
8 2. The director shall be a person of recognized character and integrity , and have such
9 education, training, proven executive ability and experience as will fit for the successful
10 performance of the of ficial duties of the director . The director shall have education, training
11 and experience in correctional management. The director shall be a citizen of the United
12 States, but need not be a resident of the state of Missouri at the time of appointment. Before
13 entering into the of ficial duties of office, the director shall take an oath or af firmation to
14 support the Constitution of the United States and the Constitution of the State of Missouri and
15 to faithfully demean himself or herself in the of fice of the director . The director shall enter
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
16 into a good and suf ficient corporate surety bond, payable to the state of Missouri, conditioned
17 upon the faithful dischar ge and performance of the of ficial duties of the director . The bond
18 shall be approved by the attorney general as to form and by the governor as to its suff iciency .
19 The premium on the bond shall be paid by the state. The director shall devote full time to the
20 of ficial duties of the director , with primary responsibility being to ensure that positive ef forts
21 are made to ensure the public safety . The secondary responsibility of the director shall be to
22 institute various rehabilitative programs which should include, but are not limited to, the areas
23 of education, vocational training, treatment, counseling and guidance and an overall approach
24 aimed at reducing recidivism.
25 3. The director shall establish the duties and responsibilities of employees of the
26 department, shall supervise their work assignments and may require reports from any
27 employee as to his conduct and management relating to the correctional centers and programs
28 of the department. The director shall also be responsible for the implementation of uniform
29 policies and procedures governing offenders and staff .
30 4. The director shall have control and jurisdiction over all persons who are legally
31 sentenced, assigned and committed to the custody and supervision of the department.
32 5. The director shall have control and jurisdiction over all real estate, buildings,
33 equipment, machinery , correctional centers and products properly belonging to, or used by , or
34 in connection with any facility within the department except where such control and
35 jurisdiction are reserved to others by law .
36 6. The director shall make and enforce such rules, regulations, orders and findings as
37 the director may deem necessary for the proper management of all correctional centers and
38 persons subject to the department's control.
39 7. The director shall establish and maintain correctional centers and units, as provided
40 by appropriations, for the segregation of male and female of fenders, and for the classification
41 of of fenders based on the level of security , supervision and program needs.
42 8. The director shall prepare and submit an annual budget of all funds necessary to be
43 expended by the department and by the divisions of the department.
44 9. The director shall prepare and submit to the governor and the general assembly a
45 written report of the administration of his duties, together with such recommendations and
46 suggestions as the director may deem advisable. It may include projects, plans,
47 accomplishments, together with statistics and summaries of financial receipts and
4 8 expenditures. The director shall also advise the governor and the joint committee on
49 corrections as to any improvements that may appear necessary for the ef ficiency , economy
50 and general well-being of of fenders, correctional centers, programs, and the department.
51 10. The director shall initiate and direct the development of a long-range plan to
52 provide comprehensive integrated programs to accomplish the purpose of this chapter .
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217.165. 1. The department director shall in accordance with chapter 36 appoint for
2 each correctional center a chief administrative of ficer . Prior to any such appointment, the
3 dir ector shall hold a meeting open to all curre ntly employed staff of the facility and the
4 leadership of any employee associations, except that no potential candidates for the chief
5 administrator position shall attend. The dir ector shall accept comments and input on
6 the suitability of any candidate for the position of chief administrative officer and shall
7 take into consideration such input when making an appointment decision.
8 2. The director and the chief administrative officer of each correct ional center
9 shall ensur e that corr ectional staff ar e rep res ented and included in the hiring pro cess
10 for institutional administrative staff.
218.010. For purposes of sections 218.010 to 218.065, the following terms mean:
2 (1) "Committee", the correct ions transparen cy committee established under
3 section 218.020;
4 (2) "Corr ectional staff", employees or contractors of the Missouri department of
5 corr ections;
6 (3) "Covered issues", issues pertaining to the conditions in correct ional centers,
7 welfar e of incar cerated people and correct ional staff, or compliance with applicable
8 federal, state, and local rules, regu lations, policies, and best practices rel ating to the
9 safety and welfare of incar cerated people and correct ional staff and the rehab ilitation of
10 incar cerated people. "Covered issues" includes, but is not limited to:
11 (a) Sanitation in correct ional facilities;
12 (b) Access to pro per nutrition;
13 (c) Livable temperatur es in correct ional facilities;
14 (d) Emergency response;
15 (e) Physical or sexual abuse or credi ble thr eats of physical or sexual abuse;
16 (f) V iolence and cr edible thr eats of violence;
17 (g) Neglect;
18 (h) Denial of rights afforded under federal or state law;
19 (i) Access to visitation and communication with family;
20 (j) Any instance in which the office determines an action or behavior constitutes
21 abuse or neglect against incar cerated people or corr ectional staff;
22 (k) Access to care or tre atment for medical, mental health, or substance abuse
23 issues; or
24 (l) Access to educational, reha bilitative, or vocational progra mming or training,
25 or access to employment in facilities by incar cerated people;
26 (4) "Department", the department of correct ions;
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27 (5) "Family member", includes a grandpar ent, par ent, sibling, spouse or
28 domestic partner , child, aunt, uncle, cousin, niece, nephew , grandchild, or any other
29 r elative within the fourth degr ee, by consanguinity or affinity;
30 (6) "Office", the independent office of corr ections and transpar ency;
31 (7) "T ranspar ency advocate", the state advocate for incar cerated people in the
32 custody of the department of corre ctions.
218.015. 1. There is her eby established the "Independent Office of Corr ections
2 and T ranspar ency". The office shall operate with only two full-time employees and
3 consist of two sections:
4 (1) An inspection section, which shall be staffed by one full-time employee; and
5 (2) A complaints investigation section, which shall be staffed by one full-time
6 employee.
7 2. The office shall have the authority to:
8 (1) Pr ovide information, as appr opriate, to incar cerated people, correc tional
9 staff, family members of incar cerated people and correct ional staff, and others
10 r egarding the rights of incar cerated people and correct ional staff;
11 (2) Monitor conditions in corr ectional centers and assess department compliance
12 with applicable federal, state, and local rules, regu lations, policies, and best practices as
13 r elated to the health, safety , and welfar e of incar cerated people and correct ional staff
14 and to the reh abilitation of incar cerated people;
15 (3) Pr ovide technical assistance to support incar cerated people and correct ional
16 staff with the department or other relev ant agencies;
17 (4) Pr ovide technical assistance to local governments in the cr eation of jail
18 oversight bodies, as reque sted;
19 (5) Establish a statewide uniform rep orting system to collect and analyze data
20 r elated to complaints re ceived by the department and data rel ated to the following:
21 (a) Deaths, suicides, and suicide attempts by incar cerated people and by
22 corr ectional staff;
23 (b) Physical and sexual assaults by incar cerated people and by corr ectional staff;
24 (c) Numbers of incar cerated people placed in administrative segr egation,
25 r estrictive housing, solitary confinement, or otherwise confined twenty hours or mor e
26 per day , and the duration and reas on for stay in such confinement;
27 (d) Numbers of facility lockdowns lasting longer than twenty-four hours;
28 (e) Numbers of corr ectional staff vacancies at each facility;
29 (f) The ratio of incar cerated people to corr ectional staff at each facility;
30 (g) Correctiona l staff tenure and turnover;
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31 (h) Numbers of in-person visits to incar cerated people that wer e made and
32 denied at each facility;
33 (i) T ypes of pr ogramming with data disaggreg ated by pro gram relat ing to
34 participation, waiting lists, and exclusionary or inclusionary factors;
35 (j) The number of contraband items confiscated and the types of contraband
36 confiscated; and
37 (k) Demographic data on the prison population disaggr egated by race, ethnicity ,
38 gender , and age;
39 (6) Pr omulgate r easonable rules and r egulations for the administration and
40 enfor cement of sections 218.010 to 218.065;
41 (7) Establish pr ocedur es to gather stakeholder input into the office's activities
42 and priorities, which shall include, at a minimum, an annual thirty-day period for
43 r eceipt of and office res ponse to public comment;
44 (8) Inspect each department facility at least once every year , and at least twice a
45 year for each facility where the office has found cause for mor e fr equent inspection or
46 monitoring;
47 (9) Publicly issue periodic facility inspection re ports and an annual report with
48 r ecommendations on the state of department facilities and a summary of data and
49 r ecommendations arising fr om any complaints investigated and re solved under sections
50 218.010 to 218.065 and any other thematic rep orts covering any topic the office finds
51 r elevant to running a safe, secur e, and humane facility;
52 (10) Investigate incidents within department facilities either on the office's own
53 initiative or pursuant to a complaint;
54 (1 1) Hir e contractors and unpaid volunteers, and secure office space, equipment,
55 and other services necessary to carry out the duties of the office under sections 218.010
56 to 218.065;
57 (12) Contract with experts as needed to assist in the monitoring and inspection of
58 facilities, the assessment of data, and the rev iew , inspection, or r esolution of complaints;
59 (13) Oversee all operations of the office and act as needed to implement the
60 purposes of the office and to fulfill all requi rem ents under this section; and
61 (14) Pr epar e the budgets of the office in the form and manner set out by statute
62 or by the commissioner of administration.
63 3. The office's budget shall be funded, kept, and administer ed separately fr om
64 that of the department, and the office's operations and functions shall be separate fr om
65 those of the department.
66 4. The transparen cy advocate shall develop a r ecusal pr ocess for staff and
67 volunteers with par ents, childr en, spouses, or domestic partners who ar e curren t
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68 corr ectional staff, or who have themselves been correct ional staff in the last five years,
69 to avoid conflicts of interes t ar ound particular topics or facilities. A staff member or
70 volunteer hir ed by the transpar ency advocate shall not be curren tly employed as
71 corr ectional staff.
72 5. The transpar ency advocate shall coordinate and collaborate with other state
73 agencies and entities including, but not limited to, the state auditor , the department of
74 natural r esources , the POST commission, the office of administration, the department of
75 health and senior services, and local building code enforcem ent agencies.
76 6. Any rule or portion of a rule, as that term is defined in section 536.010, that is
77 cr eated under the authority delegated in this section shall become effective only if it
78 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
79 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
80 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
81 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
82 then the grant of rulemaking authority and any rule pro posed or adopted after August
83 28, 2026, shall be invalid and void.
218.017. 1. The committee, the transpar ency advocate, and any staff, contractor ,
2 or unpaid volunteer of the office shall have reas onable access, upon demand in person or
3 in writing and with or without prior notice, to all department facilities, including all
4 ar eas that are used or accessible to incarc erated people and correct ional staff, and to
5 pr ograms for incar cerated people at rea sonable times, which at a minimum shall
6 include normal working hours and visiting hours. This authority includes the
7 opportunity to conduct an interview with any incar cerated person, corr ectional staff, or
8 other person. This access is for the purposes of:
9 (1) Pr oviding information about individual rights and the services available
10 fr om the office, including contact information of the office and office staff;
11 (2) Conducting official inspections under section 218.035;
12 (3) Conducting official investigations under section 218.040; and
13 (4) Inspecting, viewing, photographing, and video r ecording all ar eas of the
14 facility that are used by incar cerated people or ar e accessible to incar cerated people.
15 2. Access to incar cerated people and corr ectional staff includes the opportunity
16 to meet and communicate privately and confidentially with individuals regula rly , with
17 or without prior notice, both formally and informally , by telephone, mail, electr onic
18 communication, and in person. In the case of communications with incar cerated people,
19 these communications shall not be monitored by , recorde d, or conducted in the pr esence
20 of correct ional staff.
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21 3. The office has the right to access, inspect, and copy all relevan t information,
22 r ecords, or documents in the possession or contr ol of the department that the office
23 considers necessary in an investigation of a complaint filed under this section, and the
24 department shall assist the office in obtaining the necessary r eleases for those
25 documents that are specifically res tricted or privileged for use by the office.
26 4. Following notification fr om the office with a written demand for access to
27 department record s, the designated department staff shall provi de the office with access
28 to the req uested documentation not later than twenty days after the office's written
29 r equest for the records. When the records r equested by the office pertain to the death,
30 thr eats of bodily harm including, but not limited to, sexual or physical assaults, or the
31 denial of necessary medical tre atment of an incar cerated person, the recor ds shall be
32 pr ovided within five days unless the office consents to an extension of that time frame.
33 5. The office shall work with the department to minimize disruption to the
34 operations of the department due to office activities and shall comply with the
35 department's security clearance pr ocesses, prov ided these proc esses do not impede the
36 activities outlined in this section.
37 6. The office shall have the power to subpoena department r ecords, employees,
38 or contractors.
39 7. Except as pr ovided under section 218.018, the department shall have an
40 affirmative duty to pr ovide data rel ated to the collection and dissemination of
41 information under chapter 610.
218.018. 1. Corr espondence and communication with the office is confidential
2 and shall not be consider ed a public record, subject to the pr ovisions of chapter 610, or
3 subject to discovery by subpoena or court order .
4 2. The office shall establish confidentiality rules and proce dures for all
5 information maintained by the office to ensure that:
6 (1) Corr ectional staff are not awar e of the identity of a complainant before,
7 during, and after an investigation to the great est extent practicable. The office may
8 disclose identifying information for the sole purpose of carrying out an investigation;
9 and
10 (2) Other people in department of corr ections custody ar e not awar e of the
11 identity of a complainant befor e, during, and after an investigation to the gr eatest extent
12 practicable. The office may disclose identifying information for the sole purpose of
13 carrying out an investigation.
218.019. 1. By December thirty-first of each calendar year , the office shall
2 pr oduce an annual report to be made available to the public on the internet and to be
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3 deliver ed to the governor , the attorney general, the general assembly , and the direc tor of
4 the department. The r eport shall include:
5 (1) A summary of the office's inspections and complaint investigations
6 conducted that calendar year , including the office's findings and recomme ndations
7 and the department's res ponses and correct ive actions;
8 (2) A characterization of the conditions in facilities for incar cerated people and
9 corr ectional staff;
10 (3) A summary of available educational and reh abilitative prog ramming, drug
11 and mental health tr eatment, jobs, and vocational training available to incar cerated
12 people;
13 (4) A summary of visitation policies and pr ocedur es;
14 (5) A summary of medical facilities and medical pro cedur es and policies;
15 (6) A summary of the lockdowns r eviewed by the office;
16 (7) A summary of the staffing at each facility and in the department overall;
17 (8) A summary of physical and sexual assaults review ed by the office;
18 (9) A summary of any incar cerated person or corr ectional staff deaths that
19 occurr ed at a facility;
20 (10) A summary of the office's investigations, findings, and r esolutions of any
21 complaints submitted under section 218.050, 218.055, or 218.060;
22 (1 1) A summary of the pending and settled lawsuits during the last calendar year
23 in which the department or any of its correct ional staff is a party and which r elate to
24 any cover ed issues, as defined in section 218.050, with a description of the natur e of the
25 claims, their date and location, and attorney’ s fees, court costs, and settlement costs
26 spent by the department, its contractors, or the state;
27 (12) A summary of the criminal pr osecutions of incar cerated people or
28 corr ectional staff initiated or concluded during the last calendar year with a description
29 of the date and location of the alleged offenses, the natur e of the charges, and any
30 adjudication or disposition of the case; and
31 (13) Recommendations to the general assembly and the department including,
32 but not limited to, the following:
33 (a) How the office and the department should be funded and staffed;
34 (b) Impr oving correction al staff r etention, training, working conditions,
35 compensation, benefits, morale, and safety;
36 (c) Impr oving incar cerated person health, safety , conditions of confinement, and
37 medical care;
38 (d) Impr oving visitation and limiting use of lockdowns and administrative
39 segr egation, res trictive housing, or solitary confinement;
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40 (e) Impr oving complaint investigation and res olution;
41 (f) Impr oving access to and quality and availability of educational and
42 r ehabilitative prog ramming, drug and mental health tr eatment, and incar cerated
43 person jobs and vocational training;
44 (g) Impr oving transparency about conditions in the facilities and the department
45 overall;
46 (h) Impr oving the disciplinary pr ocess to hold correct ional staff accountable for
47 mistr eatment of incar cerated people; and
48 (i) Pr eventing futur e violations of incar cerated people and correct ional staff's
49 rights as pr otected under state and federal law .
50 2. If the office so re quests, the department shall, within the time specified,
51 inform the office in writing about any action taken on the r ecommendations or the
52 r easons for not complying with the r ecommendations.
218.020. 1. Befor e January 1, 2027, ther e shall be established a "Corr ections
2 T ranspar ency Committee", consisting of the following members:
3 (1) T wo members of the senate who ar e appointed by the presiden t pr o tempor e
4 of the senate and who are not members of the same political party . The pr esident pr o
5 tempor e shall select one of these members to serve as a co-chair;
6 (2) T wo members of the house of rep rese ntatives who are appointed by the
7 speaker of the house of repr esentatives and who ar e not members of the same political
8 party . The speaker shall select one of these members to serve as a co-chair;
9 (3) The following members, who are appointed by the governor:
10 (a) One repr esentative of the Missouri Corr ections Officers' Association or who
11 was formerly employed as a corr ectional employee in this state or any other state;
12 (b) One repr esentative of a prisoner advocacy organization;
13 (c) One repr esentative of an organization that prov ides training or r ehabilitation
14 pr ograms for incarc erated people;
15 (d) One man who was formerly incar cerated in a department facility;
16 (e) One woman who was formerly incar cerated in a department facility;
17 (f) One physician, curr ently licensed or ret ired, with experience in family
18 medicine or internal medicine;
19 (g) One mental or behavioral health profes sional, curr ently licensed or ret ired in
20 good standing, who has a history of pro viding mental health services or counseling to
21 adults; and
22 (h) One person who is a grandpar ent, par ent, child, sibling, or spouse or
23 domestic partner of a person curr ently incar cerated in a department facility .
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24 2. Members appointed to the committee under this section shall serve thr ee-year
25 terms.
26 3. Members appointed to the committee under this section shall not be curr ent
27 corr ectional staff. The committee shall develop a recusal pro cess for members with
28 par ents, childre n, spouses, or domestic partners who are current corr ectional staff or
29 who have themselves been corr ectional staff in the last five years to avoid conflicts of
30 inter est arou nd particular topics, facilities, or nominees. W ith the exception of the
31 members specified in paragraphs (a) and (c) of subdivision (3) of subsection 1 of this
32 section, committee members shall not have been corr ectional staff at any time within
33 five years of their appointment to the committee.
34 4. The committee shall meet whenever ther e is a vacancy in the transpare ncy
35 advocate position, as the co-chairs deem necessary , or on the call of the majority of the
36 members.
37 5. Notwithstanding the prov isions of this section to the contrary , the initial terms
38 of committee members who are appointed under this section shall be as follows:
39 (1) T wo terms ending January 1, 2029;
40 (2) Five terms ending January 1, 2030; and
41 (3) Five terms ending January 1, 2031.
42 6. The governor shall make all subsequent appointments as pr escribed by
43 statute.
44 7. The committee shall hold at least one public hearing each year to present ,
45 r eview , and discuss the office's inspections, findings, rep orts, and recomm endations set
46 forth in the office's annual report, as described in this section, and shall hold quarterly
47 public hearings to pr esent, revi ew , and discuss any other data, r eports, or findings of the
48 office that the committee determines ar e rel evant. At such hearings, the committee may
49 solicit and receive written or oral testimony fr om experts, members of the community ,
50 the office, or the department.
51 8. The committee may , in its discreti on or upon r equest fr om the office, issue
52 findings, rec ommendations, and policy and legislative pr oposals that shall be pr ovided
53 to the department, governor , and general assembly , and made available to the public on
54 the office's website.
55 9. The committee shall have the power to subpoena department reco rds or
56 corr ectional staff only in the event that the position of transparen cy advocate is vacant.
57 10. Accompanied by the office, the committee shall schedule planned visits to
58 two differ ent correc tional facilities during each calendar year .
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59 1 1. The committee shall appoint a transpar ency advocate, who shall serve a term
60 of six years, during which term the transpar ency advocate may be rem oved only by a
61 majority vote of the committee and only for good cause.
62 12. The transparency advocate shall not be curr ent corr ectional staff and the
63 transpar ency advocate's family members shall not be curr ent corr ectional staff.
64 13. The committee shall announce the transparenc y advocate nominee publicly
65 and shall vote to appoint the nominee after holding a public hearing, during which time
66 the committee shall hear and consider oral or written testimony fr om the transparen cy
67 advocate nominee, any witness the transparen cy advocate nominee pr esents on his or
68 her behalf, and any members of the public. The transparen cy advocate shall take office
69 upon a majority vote of the committee in his or her favor . In the event of a vacancy , the
70 committee shall announce a nominee within six months of the res ignation, rem oval, or
71 expiration of the term of the sitting transparency advocate.
218.035. 1. The office shall conduct periodic inspections of each department
2 facility .
3 2. The office shall conduct an inspection of each corr ectional facility and release
4 a public repo rt before August 28, 2028.
5 3. Subsequent inspections of each facility shall be conducted on a stagger ed
6 schedule dependent on the facility's safety and compliance classification.
7 4. The office shall conduct a complete inspection of a department facility that
8 covers all matters pertinent to the welfar e of staff and incar cerated people within the
9 facility including, but not limited to, an assessment of all of the following:
10 (1) Policies and proced ures in place by the facility r elated to care of incar cerated
11 people;
12 (2) Conditions of confinement and conditions affecting correc tional staff;
13 (3) A vailability of educational and rehab ilitative prog ramming, drug and mental
14 health tr eatment, and vocational training and jobs available to incar cerated people;
15 (4) Policies and pr ocedur es re lated to visitation;
16 (5) Medical facilities and medical proced ures and policies;
17 (6) Review of lockdowns at the facility in the time since the last audit. In the
18 instance of an initial assessment, the office shall r eview lockdowns fr om the last thr ee
19 years;
20 (7) Review of staffing at the facility , including the number and job assignments
21 of corr ectional staff, the ratio of corr ectional staff to incar cerated people at the facility ,
22 and the corr ectional staff position vacancy rate at the facility;
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23 (8) Review of physical and sexual assaults at the facility in the time since the last
24 inspection. In the instance of an initial assessment, the office shall review assaults fr om
25 the last thr ee years;
26 (9) Review of any incar cerated person or correct ional staff deaths that occurr ed
27 at the facility in the time since the last inspection. In the instance of an initial
28 assessment, the office shall rev iew incar cerated person and correc tional staff deaths
29 fr om the last thr ee years;
30 (10) Review of corr ectional staff r ecruitment, training, supervision, and
31 discipline;
32 (1 1) Review of all pr ogramming within the facility , including type of
3 3 pr ogramming, pr ogram eligibility , and length of waiting list if applicable; and
34 (12) Any other aspect of the operation of the facility that the office deems
35 necessary over the course of an inspection.
36 5. Upon completion of an inspection, the office shall pr oduce a report to be made
37 available to the public on the internet, and to be deliver ed to the governor , the attorney
38 general, the general assembly , and the dir ector of the department. The rep ort shall
39 include:
40 (1) A summary of the facility's policies and pr ocedur es relat ed to car e of the
41 incar cerated population;
42 (2) A characterization of the conditions of confinement and the effect on
43 corr ectional staff;
44 (3) A catalog of available educational and reh abilitative pro gramming, drug and
45 mental health tr eatment, and vocational training and jobs for incar cerated people;
46 (4) A summary of visitation policies and pr ocedur es;
47 (5) A summary of medical facilities and medical pro cedur es and policies;
48 (6) A summary of the lockdowns r eviewed by the office;
49 (7) A summary of the staffing at the facility , including policies rel ating to
50 corr ectional staff recru itment, training, supervision, and discipline;
51 (8) A summary of physical and sexual assaults review ed by the office;
52 (9) A summary of incar cerated person or corr ectional staff deaths that occurr ed
53 at the facility;
54 (10) Recommendations made to the facility to improve safety and conditions
55 within the facility; and
56 (1 1) Safety and compliance classification with recomm ended timeline for the
57 next inspection.
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58 6. Upon completion of an inspection, the office shall assign the facility a safety
59 and compliance classification. This classification system shall be divided into two tiers.
60 The tiers are as follows:
61 (1) T ier 1, r equir es subsequent inspection within six months and shall be used
62 for maximum security facilities and facilities that pr esent clear violations of rights; risks
63 to the health, safety , or welfare of incar cerated people or correct ional staff; or sever e
64 lack of quality pro gramming for the successful reh abilitation of incar cerated people;
65 and
66 (2) T ier 2, r equir es subsequent inspection within twelve months and shall be
67 used for all other facilities other than those described as T ier 1.
68 7. The department shall res pond in writing to each inspection r eport issued by
69 the office within sixty days of the issuance of the rep ort, and its res ponse shall include a
70 corr ective action plan. The office shall monitor the department's compliance with the
71 corr ective action plan and may conduct further inspections or investigations as
72 necessary to ensur e such compliance.
218.040. 1. The office may initiate and attempt to res olve an investigation upon
2 its own initiative, or upon recei pt of a complaint fr om an incar cerated person, a
3 corr ectional staff member , a family member , a repr esentative of an incar cerated person,
4 or others, r egarding any of the following that may adversely affect the health, safety ,
5 welfar e, and rights of incar cerated people or the health, safety , and welfar e of
6 corr ectional staff:
7 (1) Abuse, neglect, or physical or sexual violence or thr eat ther eof;
8 (2) Facility conditions, including those affecting correct ional staff and conditions
9 of confinement;
10 (3) Department decisions or administrative actions;
11 (4) Department inactions or omissions;
12 (5) Department policies, rules, or proced ures; or
13 (6) Alleged violations of law by correct ional staff that may adversely affect the
14 health, safety , welfare , and rights of incar cerated people or correct ional staff.
15 2. The office may decline to investigate any complaint. If the office does not
16 investigate a complaint, the office shall notify the complainant in writing of the decision
17 not to investigate and the reas ons for the decision.
18 3. The office shall:
19 (1) Confirm rece ipt of the complaint or inquiry within five business days;
20 (2) Make a determination as to whether an investigation is warranted within
21 seven business days of the confirmation of re ceipt of complaint and notify the
22 complainant; and
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23 (3) If the office has determined an investigation is unwarranted, the office shall
24 pr ovide a written statement reg arding its decision to the complainant.
25 4. Any action or lack of action on a complaint by the office shall not be deemed
26 an administrative pr ocedur e requ ired for exhaustion of rem edies prior to bringing an
27 action under the Prison Litigation Reform Act, 42 U.S.C. Section 1997e et seq.
28 5. The office shall not investigate a complaint rela ting to an incar cerated
29 person's underlying criminal conviction.
30 6. The office shall not investigate a complaint fr om corr ectional staff that rel ates
31 to the corre ctional staff's employment relat ionship with the department unless the
32 complaint is relat ed to the health, safety , and welfare of incar cerated people or
33 corr ectional staff or the reha bilitation of incar cerated people.
34 7. The office may refer the complainant and others to appr opriate res our ces or
35 state or federal agencies.
36 8. The office shall not levy any fees for the submission or investigation of
37 complaints. At the conclusion of an investigation of a complaint, the office shall ren der
38 a public decision on the merits of each complaint, except that the documents supporting
39 the decision ar e subject to the confidentiality provi sions of sections 218.010 to 218.065.
40 The office shall communicate the decision to the complainant, if known, and to the
41 department. The office shall state its reco mmendations and reas oning if, in the office's
42 opinion, the department or any corr ectional staff ther eof shall:
43 (1) Consider the matter further;
44 (2) Modify or cancel any action;
45 (3) Alter a rule, practice, or ruling;
46 (4) Explain in detail the administrative action in question; or
47 (5) Rectify an omission.
48 10. If the office so re quests, the department shall, within the time specified,
49 inform the office in writing about any action taken on the r ecommendations or the
50 r easons for not complying with the r ecommendations.
51 1 1. If the office believes, based on the investigation, that ther e has been or
52 continues to be a significant health, safety , welfare, or re habilitation issue, the office
53 shall rep ort the finding to the governor , the attorney general, the general assembly , and
54 the dir ector of the department.
55 12. In the event that the department conducts an internal disciplinary
56 investigation and review of one or mor e of its staff members as a result of an office
57 investigation, the department's disciplinary revi ew may be subject to additional rev iew
58 and investigation by the office to ensure a fair and objective process .
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59 13. Befor e announcing a conclusion or recommendat ion that expr essly , or by
60 implication, criticizes a person or the department, the office shall consult with that
61 person or the department. The office may requ est to be notified by the department,
62 within a specified time, of any action taken on any recomm endation pre sented.
63 14. The department and its corr ectional staff shall not discharge, ret aliate
64 against, or in any manner discriminate against any person because such person has filed
65 any complaint or instituted or caused to be instituted any proc eeding under this section.
66 15. Any alleged discharge, reta liation against, or discrimination against a
67 complainant may be consider ed by the office as an appr opriate subject of an
68 investigation.
69 16. Any corr ectional staff who believes that he or she has been discharged or
70 otherwise discriminated against by any person in violation of this section may , within
71 thirty days after such violation occurs, file a complaint under section 285.575.
218.050. 1. The office shall creat e a secure online form, r eferr ed to in this section
2 as the "family form", to be made available on the office's website, wherei n family
3 members, friends, and advocates can submit complaints and inquiries r egarding
4 cover ed issues on behalf of an individual incar cerated within the department. Upon
5 r eceipt of a family form, the office shall:
6 (1) Confirm rece ipt of the complaint or inquiry within five business days;
7 (2) Determine whether an investigation is warranted within seven business days
8 of the confirmation of receip t of complaint and notify the complainant; and
9 (3) If the office determines an investigation is unwarranted, pr ovide a written
10 statement r egarding its decision to the complainant.
11 2. The office shall creat e a secur e online form, ref erred to in this section as the
12 "incar cerated person form", to be made available on the department's secure intranet,
13 wher ein incar cerated people may submit complaints and inquiries regard ing cover ed
14 issues on their behalf.
15 3. The dir ector of the department shall ensur e that the incar cerated person form
16 is available on at least twelve computers within each facility and accessible to all
17 incar cerated people fr om 7:00 a.m. to 7:00 p.m. each day . For incar cerated people in
18 administrative segr egation or solitary confinement, the department shall ensur e that
19 corr ectional staff pr ovide incar cerated people with access to the incar cerated person
20 form on a computer or computer tablet or by prov iding a paper copy upon the
21 incar cerated person's request . The department shall make paper copies of the
22 incar cerated person form available, at no cost to incar cerated people, in each facility's
23 library , law library , and recr eational and medical facilities.
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24 4. The office shall creat e the incar cerated person form in a secur e format that
25 excludes any electr onic monitoring or r eprod uction by the department and correct ional
26 staff. Any submissions of paper copies of the incar cerated person form shall be tr eated
27 as confidential and privileged by corr ectional staff in the same manner as legal
28 corr espondence or communication.
218.055. The office shall creat e a telephone hotline thr ough which family
2 members, friends, and advocates of incar cerated people can call to file complaints and
3 inquiries regard ing cover ed issues on behalf of an individual incar cerated within the
4 department.
218.060. The office shall crea te a secur e telephone hotline to be made available to
2 all incar cerated people and corr ectional staff to file complaints and inquiries r egarding
3 cover ed issues on their behalf. The dir ector of the department shall ensure that the
4 hotline and its use are made available to all incar cerated people fr ee of charge. The
5 dir ector of the department shall ensur e that calls to the hotline are not monitore d or
6 r ecorded by corr ectional staff.
218.065. 1. The department and its corr ectional staff shall not discharge,
2 r etaliate against, or in any manner discriminate against any person because such person
3 has filed any complaint or instituted or caused to be instituted any proceed ing initiated
4 under sections 218.010 to 218.065.
5 2. Any alleged discharge, reta liation against, or discrimination against a
6 complainant may be consider ed by the office as an appr opriate subject of an
7 investigation.
8 3. Any corr ectional staff who believes that he or she has been discharged or
9 otherwise discriminated against by any person in violation of this section may , within
10 thirty days after such violation occurs, file a complaint under section 285.545.
11 4. Any action or lack of action by the office on a complaint made under this
12 section shall not be deemed an administrative pr ocedur e req uired for exhaustion of
13 r emedies prior to bringing an action under the Prison Litigation Reform Act, 42 U.S.C.
14 Section 1997e et seq.
✔
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