Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care
Section 761.09 - Complaint Procedure for Access to Therapeutic Diets
Universal Citation: 103 MA Code of Regs 103.761
Current through Register 1531, September 27, 2024
(1) Informal Processing of Inmate Complaints.
(a) Each institution
shall develop informal measures for resolving inmate complaints whereby inmates
are encouraged to communicate their problem to the staff person responsible in
the particular area of the problem, their counselor or case manager, the
appropriate Department head or other institutional and medical provider staff.
Staff awareness as to the need for prompt attention and response to these
complaints will minimize the use of formal complaint procedures.
(b) No disciplinary action shall be taken
against an inmate as a result of communication of a complaint, unless the
complaint is knowingly false or misleading or the inmate's conduct otherwise
gives rise to a disciplinary infraction.
(2) Formal Processing of Inmate Complaints.
(a) After all efforts
to resolve a complaint through informal resolution have been exhausted, and the
inmate is dissatisfied with the informal resolution of the issue, the inmate
may file a formal complaint directed to the superintendent's office.
(b) The superintendent or his designee shall
respond to the complaint within five business days.
(c) An inmate dissatisfied with the
superintendent's decision may appeal, within ten days of receipt of such
decision, to the Deputy Commissioner of the Administrative Services Division,
or his/her designee, who may take such action as deemed appropriate, including
a referral of the matter to an outside consultant with specialized knowledge of
the issues involved in providing access to therapeutic diets.
(d) If the issue involves a medical
complaint, the inmate may file a medical grievance with the medical
provider.
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