Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 491.00 - Inmate Grievances
Section 491.18 - Emergency Grievances

(1) The inmate grievance process is intended to address a wide range of issues, however, it is not meant to address safety issues of immediate and urgent concern. When faced with a serious incident of this nature, the inmate should contact the nearest staff member for immediate assistance.

(2) An inmate may, however, file an emergency grievance when the inmate believes the grievance involves an issue for which a delay in resolution may cause a substantial risk of immediate harm to any person or destruction of personal property. Emergency grievances shall be plainly marked on the grievance form as "EMERGENCY".

(3) An inmate shall not be required to submit a step 1 informal complaint form prior to filing an emergency grievance.

(4) Upon receipt of an emergency grievance, the IGC shall immediately contact the Superintendent or designee, as indicated in institution procedures, who shall evaluate the grievance to determine whether an emergency exists. When a grievance is marked "EMERGENCY" the inmate shall be notified via the applicable form if the matter is determined not be an emergency. Unless the inmate is suspended from filing grievances pursuant to 103 CMR 491.21, the inmate shall be advised that the grievance may be processed pursuant to 103 CMR 491.15.

(5) Emergency grievances shall be processed in the same manner as other grievances, except that the decision shall be rendered within three business days of the filing of the grievance. The emergency designation shall be documented in the IMS grievance Decision/Details screen.

(6) Emergency grievance appeals shall be reviewed by the appellate authority in accordance with 103 CMR 491.16. The appellate authority shall respond to emergency grievance appeals within five business days from the receipt of the appeal.