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 3484 - Preparation and Submittal of an Appeal

Universal Citation: 15 CA Code of Regs 3484

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A claimant who wishes to appeal the written grievance decision or remedy provided by an Institutional or Regional Office of Grievances concerning one or more claims they previously submitted in a grievance shall do so in writing by regular mail sent to the "Office of Appeals, Department of Corrections and Rehabilitation, P.O. Box 942883, Sacramento, California 95811" or by electronic kiosk or tablet, if available. Correspondence directed to this address shall not be opened by any departmental staff other than those in the Office of Appeals.

(b) Time constraints.

(1) A claimant who wishes to appeal a grievance decision found in subsections 3483(g)(1) through 3483(g)(6) shall submit an appeal within 60 calendar days of discovering the decision by the institutional or Regional Office of Grievances. Discovery occurs when a claimant knew or should have reasonably known of the decision.

(2) The time limit for a supervised person to submit an appeal shall not be extended while on suspended status, meaning the supervised person has absconded.

(3) The time constraint to submit an appeal of 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;

(D) actively and directly engaged in fire suppression.

(1) type or print legibly on an official CDCR Form 602-2 (Rev. 01/22), "Appeal of Grievance," hereby incorporated by reference, or complete the form electronically, if available;

(2) describe in detail why the decision provided by the Institutional or Regional Office of Grievances is inadequate; and

(3) sign and date the CDCR Form 602-2.

(d) When completing a CDCR Form 602-2, 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 appeal package by including organic, toxic, or hazardous materials that may threaten staff safety or institutional security, in which case the appeal shall be safely discarded and the entire appeal disallowed. The claimant may re-submit the appeal concerning the same claim or claims so long as it is submitted within the time constraints set forth in section 3484(b); or

(4) include new claims that were not included in the original grievance, in which case the claim shall be reassigned pursuant to subsection 3485(g)(5)(A).

(e) The CDCR Form 602-2 shall contain a notification to the claimant that the Office of Appeals will review all of the documents previously submitted by the claimant to the Office of Grievances before reaching a decision so none of those documents should be attached to the Form 602-2 submitted to the Office of Appeals, that a copy of the CDCR Form 602-2 will be returned to the claimant with the written appeal decision; but that no other documents submitted by the claimant to the Office of Appeals will be returned.

(f) The appeal package submitted by the claimant shall be stored electronically by the department.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

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