Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Where to submit a grievance.
(1) An
incarcerated person who wishes to submit a grievance shall do so in writing to
the Institutional Office of Grievances at the prison, or to the Institutional
Office of Grievances designated for the re-entry facility or fire camp where
they are housed. Every Warden, in consultation with the Director of the
Division of Adult Institutions, shall issue a separate local rule in compliance
with subdivision (c) of section
5058 of the
Penal Code which shall be made available in all the law libraries at that
institution, identifying the address where grievances may be mailed, the
availability of electronic kiosks or tablets for submitting grievances, the
physical location in each housing unit of all lock-boxes where grievances may
be submitted, and the specific departmental staff permitted to collect
grievances from those lock-boxes. Grievances shall be collected from lock-boxes
at least once per business day by departmental staff not regularly assigned to
that housing unit. Additional local processes and procedures regarding the
preparation and submittal of a grievance may be promulgated by the Division of
Adult Institutions so long as they are consistent with this Article, pursuant
to Penal Code section
5058(c)(1).
(2) A supervised person who wishes to submit
a grievance shall do so in writing to the Regional Office of Grievances in the
parole region where they are supervised. Every Regional Parole Administrator,
in consultation with the Director of the Division of Adult Parole Operations,
shall issue a written advisement to a supervised person within 15 calendar days
of the supervised person's release from prison identifying the address where
grievances may be mailed, the availability of electronic kiosks or tablets for
submitting grievances, and the physical location where grievances may be
submitted. Additional local processes and procedures regarding the preparation
and submittal of a grievance may be promulgated by the Division of Adult Parole
Operations so long as they are consistent with this Article, pursuant to Penal
Code section
5058(c)(1).
(b) Time constraints.
(1) A claimant shall submit a claim within 60
calendar days of discovering an adverse policy, decision, action, condition, or
omission by the department. Discovery occurs when a claimant knew or should
have reasonably known of the adverse policy, decision, action, condition, or
omission.
(2) The time limit for a
supervised person to submit a grievance shall not be extended while the
supervised person is on suspended status, meaning the supervised person has
absconded.
(3) The time constraint
to submit a claim shall be extended for the period of time that a claimant is:
(A) in the custody of another authority for
court proceedings;
(B) in the care
of an outside hospital;
(C)
temporarily housed in a medical or mental health crisis bed; or
(D) actively and directly engaged in fire
suppression.
(4)
Regardless of these time constraints, all allegations of staff misconduct shall
be referred by the Centralized Screening Team to an appropriate authority
within the department for the purpose of gathering facts needed to prove or
disprove the allegation and respond to the claimant.
(c) To submit a grievance, a claimant shall:
(1) type or print legibly on an official CDCR
Form 602-1 (01/22) or complete the form electronically, if available;
(2) describe all information known and
available to the claimant regarding the claim, including key dates and times,
names and titles of all involved staff members (or a description of those staff
members), and names and titles of all witnesses, to the best of the claimant's
knowledge;
(3) describe any attempt
to resolve the claim informally and, if there was such an attempt, provide the
details of that attempt, including key dates and times, names and titles of all
involved staff members (or a description of those staff members), and the
results of that attempt, to the best of the claimant's knowledge;
(4) include all supporting documents
available to the claimant related to the claim or identify to the best of the
claimant's ability all relevant records with sufficient specificity for those
records to be located; and
(5) sign
and date the CDCR Form 602-1 (01/22).
(d) When completing a CDCR Form 602-1
(01/22), a claimant shall not:
(1) use
threatening, obscene, demeaning, or abusive language, except when quoting
persons involved in the claim;
(2)
include information or accusations known to the claimant to be false;
or
(3) contaminate the grievance
package by including organic, toxic, or hazardous materials that may threaten
staff safety or institutional security, in which case the grievance shall be
safely discarded and the entire grievance disallowed. The claimant may
re-submit the grievance concerning the same claim or claims so long as it is
submitted within the time constraints set forth in subsection (b).
(e) The entire grievance package
shall be returned to the claimant with the acknowledgement of receipt described
in subsection
3483(c).
(f) The grievance package submitted by the
claimant shall be stored electronically by the department.
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
5054, Penal
Code.
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
5054, Penal
Code.