Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 491.00 - Inmate Grievances
Section 491.15 - Grievance Processing, Investigation, and Decision
Universal Citation: 103 MA Code of Regs 103.491
Current through Register 1531, September 27, 2024
(1) Employees named in a grievance shall not participate in any capacity in the processing, investigation, or decision of the grievance.
(2) The Superintendent or IGC may designate another staff member to perform duties defined in 103 CMR 491.14.
(3) Within one business day of receipt of an inmate's grievance, the IGC shall:
(a) Ensure
that the grievance complies with 103 CMR 491.15(2) and if not, return the
grievance to the inmate on the applicable form with a written explanation noted
on the form. A copy of the return form shall be kept on file for future
reference if needed.
(b) Within one
business day of receipt of a properly filed grievance, record receipt of the
grievance, the description of complaint, the remedy requested, grievance type
and all other relevant information in the IMS Grievance Details/Decision
screen. If space permits, the description and requested remedy shall be entered
as written by the inmate. If the written grievance exceeds the available space,
the description shall be entered up until the point that IMS will not accept
any additional characters. For the purpose of record keeping only, all
grievances shall be entered into IMS regardless of timeliness or merit unless
103 CMR
491.13 applies.
(c) Print the grievance form from IMS and
provide it to the inmate as acknowledgement of receipt of the
grievance.
(d) With the exception
of grievances that are deemed non-grievable, withdrawn, referred to Internal
Affairs Unit, or exceed the required time frames for submission, thoroughly
investigate the factual basis of the grievance and exhaust all efforts to
resolve the grievance. The investigation shall include, but not be limited to
the following steps:
1. Interview the inmate
and, if appropriate, the staff person responsible for the area where the
problem occurred. Interview as many individuals as necessary identified through
the interview or investigation process who might have information relevant to
the claim. If upon initial review of the grievance or during the course of the
investigation, it is determined that the complaint has merit and the grievance
remedy is to be fully approved, it is not necessary to interview the inmate or
other individuals.
2. Review staff
efforts to resolve the issue informally.
3. Obtain all related documentation,
including any relevant policies and procedures, and review them along with any
documentation submitted by the inmate.
4. When appropriate, consult with institution
and Departmental division heads responsible for the area involved.
5. Investigate and respond to all relevant
issues raised in the grievance.
6.
Take any other steps deemed necessary to investigate and/or resolve the
grievance, including the determination of an appropriate remedy.
(e) When a requested remedy is
approved, partially approved and/or an alternate remedy is offered, the
specific corrective action taken shall be documented. When a grievance is
denied or is non-grievable the reason shall be clearly documented. Applicable
policies and procedures shall be cited when appropriate, including the process
to be utilized to address non-grievable issues. All decision information shall
be entered in the IMS Grievance Decision/Details screen.
(f) Print the grievance form from IMS and
provide it to the inmate in order to inform the inmate of the
decision.
(g) The IGC shall respond
to the grievance within ten business days from receipt of the grievance unless
the inmate has been provided a written extension of time periods in accordance
with
103 CMR
491.17.
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