Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 491.00 - Inmate Grievances
Section 491.14 - Filing a Grievance

Universal Citation: 103 MA Code of Regs 103.491

Current through Register 1531, September 27, 2024

(1) An inmate shall file a grievance within ten business days of the receipt of the step 1 informal complaint decision.

(2) Inmates shall submit grievances by utilizing the designated form. Forms should be legible, presented in a courteous manner and should include:

(a) the date submitted;

(b) the date the incident occurred;

(c) the name of the institution where the incident occurred;

(d) a complete statement of the facts relevant to the grievance. Statements should be brief and include only that information that is necessary to support the grievance;

(e) the remedy being requested;

(f) the inmate's signature; and

(g) the step 1 informal complaint form.

(3) Inmates are encouraged to include the names of any witnesses or persons who may have information relevant to the grievance.

(4) Inmates shall submit completed grievance and appeal forms to the IGC or Superintendent in hand delivery, via institution mail, or in a locked box designated for grievance appeals and step 1 informal complaint forms. Institutions shall maintain a locked drop box/mailbox that is accessible to inmates who choose this method of delivery. Inmates in segregated units or hospital units shall deliver their grievances to staff, who shall immediately forward the grievance(s) to the IGC.

(5) The IGC or a superintendent's designee shall open all locked drop boxes identified for inmate step 1 informal complaint, grievance and appeal forms at least once each business day.

(6) All grievances submitted via a method other than the locked drop box pursuant to 103 CMR 491.14(4) shall be forwarded on the business date received to the IGC.

(7) When applicable, grievances and appeals filed pursuant to 103 CMR 491.10 may be submitted via US mail or in accordance with 103 CMR 491.14(4) and (6). Grievances and appeals submitted via this method shall be forwarded by the IGC at the receiving institution to the IGC at the institution where the incident occurred.

(8) Whenever a grievance is returned for non-compliance pursuant to 103 CMR 491.15(3)(a), the inmate shall have an additional three business days from the date of the inmate's receipt of the returned grievance to file a grievance in proper format.

(9) The absence of a grievance response after six months shall be deemed a denial of the grievance.

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