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(d) With the exception of grievances that are deemed non-grievable, withdrawn, referred to Internal Affairs Unit, or exceed the required time frames for submission, thoroughly investigate the factual basis of the grievance and exhaust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.

Disclaimer: These regulations may not be the most recent version. Massachusetts 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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.