California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 5.1 - Incarcerated and Supervised Person Programs
Article 1 - Administrative Remedies for Incarcerated and Supervised Persons
Section 3480 - Implementation Date and Definitions
Universal Citation: 15 CA Code of Regs 3480
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The provisions of this Article shall apply to all incarcerated and supervised person grievances received by the Department of Corrections and Rehabilitation on or after January 5, 2022.
(b) For purposes of this article, the following definitions shall apply:
(1) "Administrative remedy" means the
non-judicial process provided by the department to address incarcerated and
supervised person complaints.
(2)
"Appeal" means a written request from a claimant for review by the Office of
Appeals of a decision issued by the Institutional or Regional Office of
Grievances.
(3) "Appeal package"
means a written appeal from a claimant and all of its supporting
documents.
(4) "Centralized
Screening Team" refers to the unit responsible for screening all claims to
determine if the claim meets the definition of "staff misconduct" or "routine
claim" as defined in this section.
(5) "Claim" means a single complaint arising
from a unique set of facts or circumstances.
(6) "Claimant" refers to an incarcerated or
supervised person under the custody or control of the Department who files a
grievance or appeal with the Department.
(7) "Coordinator" means the official
responsible for the administrative functions of the Office of Grievances or
Office of Appeals, depending on their assignment.
(8) "Department" and "departmental staff"
refers exclusively to the Department of Corrections and Rehabilitation and to
all employees, contractors, and volunteers associated with the Department,
unless expressly excluded elsewhere in this article.
(9) "Grievance" means a written request from
a claimant for review by the Institutional or Regional Office of Grievances of
one or more claims.
(10) "Grievance
package" means a written grievance from a claimant and all of its supporting
documents.
(11) "Reviewing
Authority" means the official who oversees the Office of Grievances or Office
of Appeals and who is responsible for the overall quality and timeliness of the
written response to each claim raised in a grievance or appeal,
respectively.
(12) "Routine claim"
refers to any complaint submitted by an incarcerated or supervised person that
does not involve a claim of staff misconduct as defined in this
section.
(13) "Staff misconduct"
refers to behavior that resulted in a violation of law, regulation, policy, or
procedure, or actions contrary to an ethical or professional
standard.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
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