Juvenile corrections, monitor and study created.
That chapter 26-11A be amended by adding thereto a NEW SECTION to read as
incidents of abuse or neglect, injury or death occurring at such facility that describes
incidents of abuse, neglect, injury, or death occurring at such facility and the steps taken
to investigate such incident.
Section 2. The Governor shall designate a person or entity to serve as the monitor and whose primary responsibility is to protect the rights of individuals in the custody or care of juvenile corrections facilities. Such person or entity shall be independent of the Department of Corrections and shall be administered by the Department of Human Services, office of the secretary.
Any allegation of abuse and neglect of individuals within the juvenile corrections
facilities received by the Office of the Governor, the Department of Corrections, or other agencies
of the executive branch shall be promptly reported in writing to the monitor.
The monitor created in section 2 of this Act may:
The Department of Corrections or such other executive branch agency that the
Governor directs, shall, on or before December 1, 2000, submit to the Government Operations and
Audit Committee a report and recommendation regarding the desirability and feasibility of the
Department of Corrections seeking American Correctional Association accreditation of all juvenile
corrections facilities under the direction of the Governor.
Section 7. For purposes of any audit, report, evaluation, or public testimony that may be permitted or required under this Act, no disclosure of the identity of, or any other personally
identifiable information related to, any juvenile or any individual requesting assistance under this
Act shall be required. The identity of the person making a report to the monitor shall be kept
A person who knowingly hinders the lawful actions of the monitor is guilty of a Class
No state agency nor any individual acting for a state agency may take any adverse
action against an individual in retaliation because the individual cooperated with or provided
information to the monitor. A violation of this section is a Class 1 misdemeanor.
The identity of the juvenile and of any person or agency making a report to the
monitor shall be kept confidential.
be amended to read as follows:
There shall be appointed at each regular session of the Legislature a government
operations and audit committee of
, consisting of
members of the Senate appointed
by the president pro tempore of the Senate
, one of whom shall be a member of the Judiciary
members of the house appointed by the speaker of the house,
whom shall be a member of the Judiciary Committee,
for the purpose of inquiry and review of any
phase of the operations and the fiscal affairs of any department, institution, board
or agency of the
to review any findings of abuse or neglect in a juvenile corrections facility, to make a
continuing study of the operation of the state's correctional system,
and to make a detailed report
to the Senate and House of Representatives and submit a copy of its report to the appropriation
committee of each house of the Legislature at the next succeeding session of the Legislature or any
special session of the Legislature upon request of the body.
be amended to read as follows:
The government operations and audit committee may examine all records and vouchers,
summon witnesses, and thoroughly examine all expenditures and the general management of each
No review or action may be taken by the government operations and audit committee
until the committee is directed by the executive board of the legislative research council.
Signed March 23, 2000.