Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 491.00 - Inmate Grievances
Section 491.22 - Evaluation of the Grievance Process

Universal Citation: 103 MA Code of Regs 103.491

Current through Register 1531, September 27, 2024

(1) Reporting Requirements.

(a) The superintendent of each institution shall ensure that monthly and annual reports are submitted to the Department Grievance Manager. The reports shall include statistical information as well as evaluative comments regarding the grievance process at the institution.

(b) The Department Grievance Manager shall collect and analyze the quantity and nature of all grievances filed departmentally on a monthly and annual basis in order to evaluate the effectiveness of the inmate grievance process. The report shall include statistical information as well as evaluative comments and shall be submitted to the Assistant Deputy Commissioner of Communications. The Assistant Deputy Commissioner of Communications shall review the reports to identify trends or emerging problems and determine if any corrective action is needed.

(2) Audit Requirements.

(a) Each Superintendent shall designate a staff person who is not an IGC, to randomly audit 10% or a maximum of ten grievances semi-annually to assess adherence to policy, quality of investigations, decisions and IMS data entry requirements. Corrective action shall be taken when deficiencies are identified. Different grievances shall be audited each period. The results of such audits shall be submitted to the Department Grievance Manager for appropriate review.

(b) An audit of each institution shall be conducted annually to assess compliance with policy objectives, quality of investigations, decisions, and IMS data entry requirements. The audit shall consist of a random sample of grievances from each institution. The Department Grievance Manager shall review the audit results and notify the Assistant Deputy Commissioner of Communications of any identified trends or emerging problems. The Assistant Deputy Commissioner of Communications may request additional corrective action as needed.

(3) Monitoring Requirements.

(a) The Superintendent shall actively monitor the grievance process at the institution. The Superintendent or designee shall run IMS queries as needed to identify any areas that may require attention or corrective action, including but not limited to, data quality.

(b) The Department Grievance Manager shall actively monitor the grievance process at all the institutions and run IMS queries as needed or directed by the Assistant Deputy Commissioner of Communications to identify any areas that may require attention. The Department Grievance Manager shall take corrective action as needed or directed.

(c) The Department Grievance Manager may conduct a review of any appellate decisions and, if deemed appropriate, may take any action that the Superintendent is authorized to take pursuant to 103 CMR 491.16. Institution staff shall not interfere with or otherwise attempt to influence the review and decision of the Department Grievance Manager. When any decision is overturned, the Department Grievance Manager shall advise the superintendent of the findings.

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