Kansas Administrative Regulations
Agency 123 - JUVENILE JUSTICE AUTHORITY
Article 15 - OFFENDER GRIEVANCE PROCEDURE
Section 123-15-102 - Procedure
Universal Citation: KS Admin Regs 123-15-102
Current through Register Vol. 43, No. 39, September 26, 2024
(a) Grievance level one; preliminary requirement; informal resolution and problem solving by or with the assistance of the program team.
(1)
Each offender shall first seek information, advice, or help on any matter from
the offender's program team or from a member of the team. If unable to solve
the problem, the program team shall refer the offender to the proper office or
department. The program team shall assist any offender who is unable to
complete the form without assistance.
(2) If an offender does not receive a
response from the program team within 10 calendar days, a grievance report may
be sent to the superintendent without the program team's signature or
signatures. Each grievance report form shall include an explanation of the
absence of the signature or signatures.
(b) Grievance level two; complaint to the superintendent.
(1) If any offender receives
a response but does not obtain a satisfactory resolution to the problem through
the informal resolution process within 10 calendar days, the offender may
complete an offender grievance report form and submit it, within three calendar
days after the deadline for informal resolution, to a staff member for
transmittal to the superintendent.
(2) The offender shall attach a copy of all
offender request forms used to attempt to resolve the problem and shall provide
the following information on the offender grievance report:
(A) A specific complaint that states what or
who is the subject of the complaint, the related dates and places, and what
effect the situation, problem, or person is having on the offender that makes
the complaint necessary;
(B) the
title and number, if possible, of any order or regulation that may be the
subject of the complaint;
(C) the
action that the offender wants the superintendent to take to solve the problem;
(D) the name and signature of each
responsible facility employee from whom the offender sought assistance. This
signature shall be on either the offender request form or the grievance report
form. The date on which the help was sought shall be entered by the employee on
the form; and
(E) the date the
completed grievance report was delivered to the staff member for transmittal to
the office of the superintendent.
(3) The staff member shall forward the report
to the superintendent before the end of the next working day and shall give a
receipt to the offender.
(4)
(A)
(i) Upon
receipt of a grievance report form, the superintendent or designee shall assign
a unique control number and record the date of its receipt. The nature of the
grievance shall be ascertained by the superintendent or designee.
(ii) A response to the grievance shall be
returned to the offender within 10 working days from the date on which the
grievance was received.
(B) Each response shall contain findings of
fact, conclusions drawn, the reasons for those conclusions, and the action
taken by the superintendent. Each response shall inform the offender that the
offender may appeal by submitting the appropriate form to the commissioner.
(C) The superintendent shall
return the original and one copy of the grievance report to the offender, along
with the superintendent's response. The original documents shall be used for an
appeal to the commissioner if the offender elects to file an appeal of the
superintendent's decision, and the copy may be retained by the offender.
(D) The superintendent shall
retain a copy of all documents.
(E) Each facility shall maintain grievance
report files indexed by offender name and by subject matter.
(F) Any grievance report form may be rejected
by the superintendent if the form does not document any program team action as
required by the preliminary informal resolution process. If rejected, the
grievance report form shall be sent back to the program team for an immediate
response to the offender. If not rejected for lack of documentation, a response
shall provide by the superintendent as required by these regulations.
(G) If the superintendent fails to
respond in the time allowed under these regulations, the aggrieved offender may
submit the grievance to the commissioner for handling in accordance with
grievance level three. A grievance submitted under this subsection shall
contain an explanation for direct submission to the commissioner.
(c) Grievance level three; appeal to the commissioner.
(1) If the
superintendent's response is not satisfactory to the offender, the offender may
appeal to the commissioner's office. The offender shall specifically detail the
reasons for the appeal and the action that the offender wants the commissioner
to take to resolve the grievance. The offender's appeal shall be made within
three calendar days of receipt of the superintendent's response or within three
calendar days of the deadline for that response, whichever is earlier.
(2) The appeal, along with any
other required documentation, shall be sent directly and promptly by U.S. mail
to the commissioner's office.
(3)
Whenever a superintendent's response is appealed, the commissioner shall have
20 working days from receipt of the grievance appeal to respond to the
offender. The response shall include findings of fact, conclusions made, and
actions taken and shall be returned to the offender along with the grievance
report form.
(4) If a grievance
report form that fails to document the superintendent's prior action is
submitted to the commissioner, the form may be returned to the superintendent.
If the superintendent fails to respond to the grievance in a timely manner, the
form shall be accepted by the commissioner.
(5) A deputy commissioner may be designated
by the commissioner to prepare a response to the grievance.
This regulation shall be effective on and after April 8, 2005.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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