Current through Register 1531, September 27, 2024
(1) The following
issues are not grievable under
103 CMR
491.00:
(a) Any
decision or recommendation for which there is an existing appeal mechanism,
including, but not limited to, classification, disciplinary decisions and
recommendations, observation of behavior report decisions and recommendations,
decisions and recommendations concerning therapeutic diets, religious
practices, and medical or clinical decisions related to an inmate's physical or
mental condition, as the medical contractor is required to maintain its own
grievance procedure, however, matters concerning access to medical or mental
health care are grievable.
(b)
Requests for reasonable accommodations, as they may be requested pursuant to
103 DOC 408:
Special Accommodations for Inmates, available at
each inmate library and on the Department's website at
http://mass.gov/doc/policy.
However, matters concerning access to approved reasonable accommodations are
grievable;
(c) Specific incidents
that have already been grieved and where a final decision has been
rendered;
(d) Matters that are in
the course of litigation are not grievable;
(2) A grievance may only be filed if an
inmate is personally affected by a Department of Correction or institution
action or policy. Inmates may not grieve matters outside the purview of the
Department;
(3) Allegations of
employee misconduct, as defined in the 103 DOC 522: Internal Affairs
Unit policy, (available at each inmate library and on the Department's
website at http://www.mass.gov/doc/policy)
shall be filed and reviewed administratively pursuant to the 103 DOC 522:
Internal Affairs Unit policy. If such allegations are reported
via the grievance process, the complaint shall be logged in by
the IGC and the matter referred to the Superintendent for possible referral to
the Internal Affairs Unit. If the matter is referred to the Internal Affairs
Unit then the IGC shall utilize the IMS decision screen indicating that the
grievance has been referred to the Internal Affairs Unit. In the rationale box
inmates shall be provided the Internal Affairs' reference/intake number. For
those allegations not referred by the Superintendent to the Internal Affairs
Unit, the IGC shall collaborate with the institutional investigatory staff in
the investigation of the allegations in order to respond to the inmate's
grievance.
(4) Grievances filed by
a group or on behalf of a group of inmates shall not be accepted.
(5) A grievance may only be filed concerning
one subject matter. Grievances and appeals based on different events shall be
presented separately unless it is necessary to combine the issues to support
the claim.
(6) A grievance shall be
submitted to and processed by the institution where the incident occurred. If
an inmate transfers before the resolution of the grievance, the receiving
institution shall assist the sending institution by interviewing the inmate as
necessary and provide any information that is not available at the sending
institution. The grievance shall be decided by the institution where the
incident occurred.
